About this guide

These pages provide statutory guidance that local authorities in England must have regard to when fulfilling their duties to secure free early education for three- and four-year-olds and sufficient childcare for working parents.

It comes into force from 1 September 2012.

The phrase 'must have regard', when used in this context, does not mean that the sections of statutory guidance have to be followed in every detail, but that they should be followed unless there is a good reason not to in a particular case

This document will replace the Code of Practice for Local Authorities on Delivery of  Free Early Years Provision for Three- and Four-Year-Olds (2010) and Securing Sufficient Childcare – Statutory guidance for local authorities in carry out their childcare sufficiency duties (2010).

Review date

This document will be reviewed in 2013.

What legislation does this guide relate to?

The principal legislation to which this guidance relates is:

  • The Childcare Act 2006

Who is this guide for?

The guidance seeks to assist local authorities, providers and parents by making it clear:

  • what outcomes different measures are seeking to achieve, which should guide local authorities in their interpretation of the guidance;
  • what is a legal duty required by legislation; and,
  • what local authorities should as a matter of course do to fulfill their statutory responsibilities and ensure effective delivery.

Key points

  • streamlined guidance which reduces national prescription to give local authorities greater local discretion to enable more children to access their free entitlement;
  • clearly defined ‘quality measures’ which clarify eligibility criteria requirements providers need to meet to deliver free early education places;
  • a more flexible free entitlement which can be taken between 7am and 7pm instead of 8am and 6pm, and spread across a minimum of two days instead of the current three days; and
  • annual reports for parents and elected members providing information on how the local authority is meeting its duty to serve sufficient childcare for working parents.

Statutory guidance – September 2012 

The Statutory Guidance for Local Authorities on the Delivery of Free Early Education for Three- and Four-Year-Olds and Securing Sufficient Childcare can be downloaded from the associated resources section below.