SOMERSET CODE OF PRACTICE

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1 SOMERSET CODE OF PRACTICE For the provision of the Early Years Entitlement from January

2 CONTENTS 1 INTRODUCTION 1.1 Vision and Aims 1.2 Legislative Context 1.3 Safeguarding 1.4 Sufficiency of places 1.5 Early Years Pupil Premium (awaiting guidance) 2 FLEXIBILITY 2.1 Somerset s Local Offer 2.2 Models of Delivery 2.3 The Stretched Offer 2.4 Funding Splits 2.5 Admissions and Fees Policies 2.6 What Can You Charge For? 2.7 Admission to School 2.8 Funding for Eligible Two Year Olds Quality provision for funding for 2 years olds Changes to Circumstances 2.9 Progress check at age two Appendix 1 Guidance on writing a Fees Policy Appendix 2 - Example of a termly invoice Appendix 3 Example invoice for a setting open 50 weeks Appendix 4 Example invoice for a setting open 52 weeks Appendix 5 Example monthly invoice for 52 week setting Appendix 6 Example monthly invoice for 50 week setting Appendix 7 Process for parents who request a funded place for 2 year old at a R.I Setting Appendix 8 Process for R.I Settings re: funded 2 year olds 3 QUALITY 3.1 Overarching principles 3.2 Improving the level of Quality 3.3 Early Leadership and Peer to Peer Support Framework 3.4 Early Learning Area Coordinators (ELACs) 3.5 Guidance on developing a Quality Improvement Plan 4 PAYMENTS 4.1 Single Funding Formula 4.2 Conditions Regarding Charging Parents 4.3 Children Who Are Absent 4.4 Children Who Leave Without Giving Notice 4.5 Cross Border Arrangements 5 WORKING IN PARTNERSHIP 5.1 Parents 5.2 Complaints Procedure 5.3 Provider Agreements 5.4 Unexplained Absences 5.5 Transitions between settings 2

3 6 SOMERSET S DIRECTORY OF PROVIDERS 6.1 How to Apply and Evidence Required 6.2 Criteria for Eligibility 6.3 Criteria and Conditions for Continuing Eligibility 6.4 Auditing the Early Years Entitlement 6.5 Equality and Inclusion 6.6 Special Educational Needs 6.7 Childminder Agencies 6.8 Childminders and Childminders registered with an Agency 6.9 Annual Early Years Census 7 REMOVAL FROM THE DIRECTORY 7.1 Withdrawal from the Directory of Providers 7.2 Suspension or Removal from the Directory of Providers 7.3 Early Years Performance Group 8 THE APPEALS PROCESS 8.1 When can an appeal be made? 8.2 Appeals Procedure GLOSSARY 3

4 SECTION 1 INTRODUCTION Objective: All eligible children are able to take up high quality early education regardless of their parents ability to pay benefiting their social, physical and mental development and helping to prepare them for school. Evidence shows that regular, good quality early education has lasting benefits for all children. 1.1 Vision and Aims The Somerset Code of Practice adopts and builds on the Government s Code of Practice for Local Authorities for the delivery of funded early education for two, three and four year olds and securing sufficient childcare. Our aim is to ensure the best outcomes for children by making sure the Early Years Entitlement is delivered safely and to a consistently high standard. We will work collaboratively with providers to offer Somerset parents flexible provision and informed real choices. Somerset s Local Code of Practice has been developed to provide clear and transparent guidance on: How childcare providers may apply for entry onto the Directory The criteria for continued inclusion in the Directory The process of removal from the Directory The appeals procedure This Code of Practice will take effect from January 2015 and supersedes all previous guidance. 1.2 Legislative Context The following statutory frameworks underpin this Code of Practice and providers must be able to demonstrate compliance with all relevant legislation: Children Act 2004 Childcare Act 2006 Education Act 2011 Statutory Framework for the Early Years Foundation Stage 2014 Special Educational Needs and Disability Act 2001 SEND code of practice: 0 to 25 years Safeguarding Vulnerable Groups Act 2006 Working Together to Safeguard Children 2013 Equality Act 2010 Data Protection Act 1998 Children and Families Act 2014 All relevant Health and Safety legislation. The list of relevant legislation is not exhaustive. It is the responsibility of the provider to ensure compliance with all relevant legislation and to keep up to date with all relevant changes. 4

5 1.3 Safeguarding Providers must implement a safeguarding policy, and procedures, to make sure children are kept safe and well, in line with the guidance and procedures of the Somerset Local Safeguarding Children Board (LSCB). Providers must ensure that all staff and volunteers looking after children are suitable, through obtaining enhanced criminal records checks and carry out a safeguarding audit. *Providers should demonstrate their commitment to safeguarding and promoting the welfare of children at all stages of the recruitment and selection process. 1 Everyone has a responsibility for safeguarding. There are some useful resources and tools on our website at Sufficiency of Places Somerset County Council is required to ensure that there is sufficient high quality, accessible and affordable early education places for 3 and 4 year olds and eligible 2 years olds. Potential and existing providers can request a report which outlines the number of existing places in their area and the forecast of how many places are required. This will aid providers in their planning. For more information on sufficiency visit Early Years Pupil Premium From April 2015, Early Years Pupil Premium will be introduced in respect of disadvantaged three and four year old children. Details of eligibility and funding rates will be sent out in separate guidance. 1 * Safer Recruitment Standards and Guidance - South West Safeguarding and Child Protection Group 5

6 SECTION 2 FLEXIBILITY Objective: Children are able to take up their full entitlement to funded early education at times that best support their learning, and at times which fit with the needs of parents. 2.1 Somerset s Local Offer Somerset offers 570 Early Years Entitlement (EYE) hours a year for eligible 2, 3 and 4 year olds. Where possible, providers should organise the Early Years Entitlement hours flexibly to meet the needs of parents. The entitlement to an early education place does not offer a guarantee of a place at any one provider or a particular pattern of provision However, as minimum, parents should be able to access their child s early education place in the following patterns: 5 hours per day over 3 days of the week 3 hours per day over 5 days of the week Providers who open all year round may offer parents the option to stretch their child s entitlement across the year (see 2.3). Entitlement Entitlement Minimum hours in a day 2.5 Maximum hours in a day Maximum hours in a week 15 Maximum number of providers at any one time 570 hours across the year Up to 10 hours a day (not before 7.00am or after 7.00pm) 2 The full 15 hours EYE can be taken over 2 days per week but if the child only attends 1 day per week, the maximum hours that can be claimed is 10 hours. Children will become eligible for the Early Years Entitlement in the funding period after their third birthday. For children who qualify for funding for 2 year olds, the funding will be available from the date stated on the acceptance letter; this will not be earlier than the first day of the funding period after their 2 nd birthday. 2.2 Models of Delivery It is up to parents or carers to arrange an early years place for their child with a provider of their choice. Somerset County Council has a statutory duty under the Children and Families Act 2014, to provide information advice and guidance to parents to enable them to make informed choices about the providers that best meet their needs and those of their children (see 5.1). However, whilst parents should be able to access an offer that most closely meets their needs they may not always be offered the full entitlement at the times they want and at their first choice of provider. Parental need and likely demand must be balanced against a sustainable business model for providers. 6

7 The Standard Offer FUNDING PERIOD MAXIMUM NUMBER OF WEEKS MAXIMUM NUMBER OF HOURS Period name Period start Period end Autumn 01 September 31 December Spring 01 January 31 March Summer 01 April 31 August TOTALS Example - Term Time Only Attendance No. of Weeks Attended Total Hours Attended Total Hours Claimable Total Hours Payable by Parent 2.5 hours per week hours per week hours per week hours per week hours per week hours per week hours per week hours per week hours per week hours per week The Stretched Offer Providers may choose to offer parents a stretched offer by using their 570 hours across the whole year. The year will start from the funding period after the child s 3 rd birthday and 4 th birthday, and if applicable child s 2 nd birthday. For children who are 4 years of age in the Autumn or Spring funding period, the hours will be limited. Providers should make it clear in their documentation to parents that taking up the stretched offer will mean that less than 15 hours a week can be claimed. The Stretched Offer reduces the amount of hours per week and allows parents to spread their entitlement over more weeks so that they can use some of their hours in the holiday periods if they wish. An example of this is: 47 weeks at 12 hours per week (6 hours for week 48) = weeks at 11.5 hours per week (6.5 hours for week 49) = weeks at 11.4 hours per week = weeks at 11 hours per week (9 hours for week 52) = 570 7

8 Providers should clearly set out their offer for parents and review this with them at least annually so that parents can decide how they wish to use their entitlement hours for the year ahead. Somerset is not expecting all early years providers to provide a stretched offer but we would want to encourage a mix of different types of provision in local communities so that parents have a choice. If you are offering the stretched offer the entitlement hours could be annualised over 12 months which will allow the same number of entitlement hours to be accessed each month. The maximum number of hours available each month would be hours per child (570 hours divided by 12 months = hours). If the hours are annualised equally over 12 months the maximum claim each funding period is as follows :- Autumn Funding: Period 4 months hours. Spring Funding: Period 3 months hours Summer Funding: Period 5 months hours This is because the hours deducted for the Parent s invoice must match the hours claimed. This will be checked when an auditor visits. From 1st April 2015, the stretched offer can continue to be taken in the same way for eligible two year olds and three years olds, but for some 4 year old children the offer will be limited before they start school in September. This means that if a child turns 4 in the Autumn funding period, from the following Spring funding period they will receive 8/12ths (380hours) of their 570 hours allocation to use until the end of August, as most children start school in September. If a child becomes 4 in the Spring funding period they will receive 5/12ths (237.5 hours) of their 570 hours allocation to use in the summer funding period. In cases where parents choose to defer their child s entry to school the child can use their remaining hours in the funding period following deferred entry- this is usually the autumn funding period. If a child is on a school roll attending for at least 5 hours per week by the school census week, no funding is available at the provider. The Parent will need to pay for any hours accessed/booked in. 2.4 Funding Splits If a child attends two providers at the same time and the claim doesn't exceed the maximum entitlement for that year, each provider will be paid the number of hours they have claimed. If a child attends two providers at the same time and the claim exceeds the maximum entitlement for the year, or the maximum per week, the entitlement will be allocated to each provider in proportion to the number of hours claimed in that funding period. 8

9 For example: Dual placement A child became eligible in April and claimed 390 hours for the Summer and Autumn funding periods. This leaves a balance of 180 hours available for the Spring funding period. Claims have been received from two providers for the Spring funding period. Both providers are trying to claim for 10 hours per week for 12 weeks. The claim from each provider is 120 hours, which totals an overall claim of 240 hours. Both claims will be dealt with together and each provider s proportion of the overall claim will be calculated as a percentage. In this instance each provider has claimed 50% of the overall claim, so 50% of the hours remaining will be paid to each provider. Therefore each provider has their claim reduced to 90 hours. Overall total paid is 180 hours. The remaining unpaid hours at each provider will need to be charged to the parent. 2.5 Admissions and Fees Policies It is for each provider to consider their admissions and fees policies. We would recommend that providers consider spreading their costs across the year so that parents are not charged for bank holidays, or INSET training days. If the provider is not able to offer a service (due to closure) parents should not be charged. If the setting is open but it is parental choice not to access the setting, then they can be charged. 2.6 What Can You Charge For? The Early Years Entitlement must be free to parents at the point of delivery (See 4.2 Conditions Regarding Charging Parents). Whatever hours are charged for within the funding period, the same number of hours must be deducted on the invoices for the same timeframe. If providers charge for any goods or services, for example meals, optional extra activities or additional hours of provision in addition to the funded place, this should not be a condition of children accessing their place. Providers must ensure that parents can clearly see, from the information they receive from their provider, that they have received their child s full entitlement place completely free. Providers must not charge eligible parents any amount in respect of the funded hours. Providers that normally charge fees must ensure that they reduce their fees appropriately to take account of the funded hours that have been claimed for in that funded period. Providers must not charge deposits, registration fees, booking fees, administrative charges or retainers for eligible children who only wish to access the Early Years Entitlement hours. Where parents request meals or optional extra activities, providers must make it clear in their fees policy that parents will be expected to pay for these and any hours that exceed the funded hours (see Appendix 1 for guidance on writing a fees policy at the end of this section). 9

10 Somerset County Council expects all providers to: make a reasonable charge for meals provided to children during the day. ensure that they do not place any conditions of access on the entitlement including payment for meals. For some parents, charges for meals may present a significant barrier which in practice denies children access to their Early Years Entitlement. agree with parents in advance any charges for lunch and give them the opportunity to provide a packed lunch so that this does not prevent them accessing their entitlement over lunch periods. provide healthy, balanced and nutritious meals, snacks and drinks. 2.7 Admission to School All three year olds are entitled to access the Early Years Entitlement for up to six funding periods before they reach statutory school age (i.e. the beginning of the funding period following the child s fifth birthday). Children become eligible for funding in the funding period after their 3rd birthday and remain eligible until the end of the funding period of their 5th birthday. Children will be entitled to start school on a full time basis in the September following their fourth birthday. When a child is due to start school, the school may be running a staggered entry system. With regards to funding that child, if the child appears on the school census return then funding will not be available for any other type of provision within that funding period. This means the parent will have to be charged. If the child doesn't appear on the school census return, then funding will be paid at the setting until the date that the child starts school. Once the child starts school, funding will not be available from that date at the setting. If the parent has not given notice, in this instance, the Early Years Entitlement will not cover the notice period and the parent will need to be charged. Parents may choose to delay taking up a school place for their child until the statutory school age (funding period after fifth birthday) or elect to take the place up on a part time basis if they feel that their child is not ready for full time attendance. 10

11 2.8 Funding for Eligible Two Year Olds This is part of a national initiative by the Department for Education (DfE) to improve outcomes for identified two year olds who would benefit from access to high quality early years and childcare provision. It will also offer help to tackle challenging circumstances, through family support offered through local Children's Centres. Somerset offers 570 hours per year for eligible 2 year olds from the funding period after their second birthday at a good or outstanding setting wherever possible. Providers registered to take eligible 2 year olds need to sign up to the additional conditions for funding for 2 year olds as stated on the application form. Please note that funding for 2 year old places is limited, and providers and families must meet the specified criteria. If you would like to register to accept funded two year olds please eyfunding@somerset.gov.uk or call for more information and an application form Quality provision for funding for 2 years olds If a provider has registered to accept funding for 2 year olds and receives an Inadequate or Requires Improvement outcome from Ofsted, no newly funded 2 year olds will be funded in this setting once the Ofsted report is published. If an eligible two year old child is unable to access a place at a good or outstanding provider in their local area the parent needs to contact the Entitlements Team on: or eyfunding@somerset.gov.uk. (See Appendices 7 & 8) Changes to Circumstances Where a two year old has been awarded funding, if the family circumstances change and the child would no longer qualify, funding will not be taken away. 2.9 Progress check at age two The Early Years Foundation Stage Framework 2014 (EYFS) requires practitioners to review a child s progress when the child is aged between two and three and provide the parents and/or carers with a short written summary of their child s development in the prime areas. (See EYFS Section 2) The Government is planning to introduce an Integrated Review at age two by September This will combine the Progress check at two with the health and development review 2-2 ½. 11

12 Somerset County Council will support flexibility by: Providing advice and support to providers to deliver flexible services that are sustainable and of a high quality. Information and resources can be found on and Supporting providers to make their offer clear to parents at the outset. Champion parents to access their entitlement hours. Provide a brokerage childcare finder service to help parents find suitable childcare in their chosen area. Publishing a Local Offer for children with SEN on behalf of Providers Consulting parents on how they would prefer to access their Early Years Entitlement through the sufficiency assessment process. We would also encourage providers to consult with parents on a regular basis to ensure that their service is meeting the needs of existing and prospective parents in their area. Providers can state what part of their business is set aside but we would encourage them to ensure that their business is meeting the needs of existing and prospective parents. 12

13 APPENDIX 1. Guidance on writing a Fees Policy Notes The headings in this guidance are suggestions that will help you when you are developing or reviewing your fees policy It is good practice to cross reference your fees policy with other related policies and procedures Please be aware that each setting is unique and your policy and procedures need to be specific to your organisation. Example Fees Policy This fees policy forms part of the contract with the parents/carer and [name of setting] Background information: Statement take from prospectus, for example: << Name of setting >> operates a service which is fair and competitively priced. We aim to offer a high quality, safe and stimulating environment that provides a service that is good value for money. Opening times and hours for the setting are xx hours and xx days. Fees What is the cost? Include how fees are calculated including any additional hours over the Early Years Entitlement (EYE), include a table of rates, for example hourly rate, block of hours (sessional), half day, all day, relate to age ranges of children and any subsidy if applicable.) Explain how the EYE (and if applicable funding for 2 year olds) can be accessed at the provision. For example, at a term time setting this could be taken as 3 five hour sessions or 5 three hour sessions or if all year round 11.4 hours a week for 50 weeks a year or hours a month for 12 months a year. If you charge for meals and optional activities this must be clearly identified and parents must be aware of any charges before signing up to a place. Parents who are only accessing the entitlement hours must be able to opt out. Are fees payable when children are on holiday? Are fees payable if child is absent due to sickness? Are fees payable if child is absent due to long term sickness? 13

14 Are there additional charges? For example bank holidays, inset days, if the setting has to close due to an emergency: If parents are being charged for a service they are not receiving they may challenge. Is this equitable for all parents? Providers should not charge for a Bank Holiday where no service is available. Providers, who are open 39 weeks a year, should note that the 5 inset days cannot be claimed and attendance is optional and not charged for inset days. Where staff are on term time contracts and paid for 39 weeks a year plus holiday entitlement, the cost of inset days and holiday should be incorporated into the hourly rates. A Business and Committee Support Officer can support with reviewing your hourly rate to incorporate additional cost. If charging parents, parents need to be informed at point of registration. (i.e. in policy, prospectus, registration pack etc). Is there a charge to parents for booking a place, a registration fee, deposit or administration charge? Give details of how this is implemented, is this charged before the parent starts? is it refunded? and how it is refunded? Please Note A booking fee / registration fee / administration fee / deposit can be charged for children who are not entitled to Early Years Entitlement (EYE) and for children accessing additional services above EYE. For those children accessing only EYE, no booking fee / registration fee / administration charge / deposit can be charged as this may act as a deterrent to a parent accessing a place due to cost. Is a retainer charged to parents to keep a place open? How is this operated? Cost to the parent? How do parents change booking arrangements? Is there a notice period? How is notice of the change required? Links to parent contract/registration. Providers must not charge for retainers to hold a place before the start of the child s entitlement or to hold a place during school holidays where only entitlement hours are accessed. How and when invoices are given to parents Details of how invoices are given to parents/carers i.e. by hand, to be collected from the office, in child s book bag. Date of when invoices are given out i.e. first week of the month, specific day of the month, how invoice calculated i.e. EYE is deducted (the hours) and additional hours, charges are charged at (rate) etc.) What is the payment due date for fees? Must be stated on the invoice 14

15 What are the payments options? Payment in full or by instalments? Should also state how fees can be paid i.e. cash, cheque (state who cheques are made payable to), standing order, debit card state on invoice, link to prospectus. How can parents change child s hours? Notice period, how setting requires parents to give notice? i.e. verbally, in writing, using a specific form etc. Who to? i.e. manager, supervisor, administrator etc.) Is there a notice period for cancellation of a child s place? What length of notice is required? How do parents gives notice i.e. verbally, in writing, using a specific form etc? Who to? i.e. manager, supervisor, administrator etc. Alternatively fees are paid for time in lieu of notice. Note - Early Years Entitlement Funding will only cover a notice period of 4 weeks Are parents charged if they are late collecting their children? Please add an explanation of circumstances where this applies and charges e.g. late collection of child (during the day) will be charged at 5 per 30 minutes, with a minimum charge of 5, and late collection at the end of the day charged at 10 for every 15 minutes. The setting must ensure that they adhere to legal requirements on staff ratios and have at least 2 staff on the premises at all times. Staff must be aware of their personal responsibilities. Early Years Entitlement and Funding for 2 year olds Statement This can be taken from the Somerset Code of Practice or parent leaflet detailing the Early Years Entitlement and funding for 2 year olds. Early Years Entitlement (EYE) Explanation to parents how the setting operates the EYE, stretched entitlement, additional hours and what additional services are available and the cost To claim the EYE the following information is needed: Child s legal documentation birth certificate, passport (on registration, copy needs to be sent to Entitlements Team) EYE parent declaration form - completed when appropriate and signed by parent/carer. Note: a statement needs to be included on parents/carers responsibility if child s legal documentation is not produced i.e. parents/carers will be charged the setting s normal fees as unable to claim EYE funding. It is advisable to get the documentation required before a child takes up a place. To claim the funding for 2 year olds the following information is needed: - Child s legal documentation birth certificate, passport (on registration, copy needs to be sent to the Entitlements Team) 15

16 - The setting will need to see the letter held by the parent which states that their child is eligible for 2 year old funding. Explanation of additional charges over the EYE and funding for 2 year olds All fees charged relate to those hours or weeks not funded by the EYE. Should a session last longer than the EYE available, parents will be required to pay for that part of the session that exceeds the EYE e.g. EYE will only cover up to 10 hours per day and minimum of 2.5 hours. Are there additional costs above Early Years Entitlement and funding for 2 year olds? Hours/weeks that exceeds the EYE. Cost of meals e.g. lunch and tea. If the cost of accessing meals may be a barrier to parents, they should be offered the option to bring in a packed lunch or access sessions that excludes meals times. Optional extra activities e.g. swimming or music lessons Monitoring Payments in Arrears Procedure needs to be included within the fees policy. Example: - 1. Date is set for payment on invoice 2. Manager/treasurer/admin checks payments against invoices on due date. 3. All parents/carers who have not paid contacted by phone to remind them, about payment date and expectation of when payment is due i.e. end of week. 4. If payment not received by the agreed date (as above), setting will follow non payment of fees procedure (see below). Non payment of fees: Procedure needs to be included within the fees policy. Example:- 1. Arrears procedure followed (incl. documentation of how information will be recorded) 2. Meeting to set up debt recovery needs to be within a week of outstanding invoice. (Payment plan agreed, stating amount, what this covers (debt only or debt and weekly/month fees for a set time scale, the time scale and dates of payment, also include default procedure of what will happen if payment is missed. Payment plan is signed by both parties, copy given to parent). 3. If a parent defaults on the payment plan. (Procedure detailing what the setting will do if a payment is missed. i.e. date set for missed payment, or child s hours are reduced to EYE hours only until debt is cleared (if child entitled to EYE), if debt is not cleared then place will be withdrawn. If child is not entitled to EYE, date set for missed payment, place is withdrawn. Meeting to discuss with parent, followed by letter.). 4. Recovery of outstanding debt (What is the settings procedure? Are they chased through legal channels? e.g. court or debt recovery agency, how are parents informed of this?) 16

17 Signposting to Other Entitlements Which May Be Available Examples:- Working Tax Credit: If you receive Working Tax Credit you may be able to get help towards the cost of childcare. For further details contact the tax credits helpline on or visit HM revenue and Customs (HMRC) website Childcare vouchers: Details of how parents may use vouchers at your setting. Tax-free childcare scheme from September 2015 Termination of the contract: How and why would a setting terminate a child s place? Reasons why setting would terminate the contract? How much notice e.g. without notice in the event of unsuitable behaviour from parents or non payment of fees following the non payment procedure, at all other times [settings notice period eg. 4 weeks] notice in writing will be given. How parents terminate their child s place? How much notice period? How do parents give notice, verbally or in writing? Who is notice given to? Details if no notice period is given for example. if written notice is not received [4 weeks] fees will be charged, and EYE for the four weeks will be claimed. Note - Early Years Entitlement will only cover a notice period of 4 weeks and must be detailed in fees policy. When do you review your fees? Detail of when fees are reviewed i.e. July. Reasons why fees (hourly rate) are reviewed i.e. to enable the setting to cover the running costs of the setting and continue to provide quality care. Note when reviewing fees, remember to include all running costs of the setting, wages, rent, utilities, consumables, equipment etc, plus hidden costs which may include bank holidays (if applicable), inset days and emergency closure days. The Business and Committee Support Officer from Somerset County Council can support with reviewing your hourly rate to incorporate additional cost. How do you inform parents of changes to fees? Detail notice period re change to fees 1 term, 1 month. How do you inform parents? i.e. newsletter, specific letter about fees, fee structure letter. Who to contact, if parents wish to discuss. 17

18 Note Remember to update all the settings relevant information which includes fees, i.e. prospectus, website, etc. Informing parents of changes to policy How do you inform parents of any changes made to policy? Notice period for change i.e. 1 month. How do you record parents are made aware and agree to the changes? i.e. returns slip on information letter/invoice detailing the changes. Note If changes are made to any policies which impact on parents, then notice needs to be given, for example a month. All parents need to sign to agree the changes (Parents could be made aware of the changes with a returns slip on the bottom of an invoice, or a separate letter with returns slip) By keeping the returns slip and original amended/updated documentation, this safeguards the setting. Links to other policies and legislation Setting s prospectus, admissions policy, parent s contract or parent partnership, uncollected child policy, sickness policy, emergency closure policy and committee roles and responsibilities. Statutory Framework for Early Years Foundation Stage - Safeguarding and Welfare Requirements Note Information below only needs to be included on the main fees policy which has been adopted and not on parents copy. This policy was adopted at a meeting of (name of setting) Held on Signed on behalf of management committee Name of signatory Role of signatory Date to be reviewed The information contained in this guidance/policy is for general information purposes only. While every effort has been made to keep the information up to date and correct, Somerset County Council (SCC) make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability with respect to the information contained within the policy. Any reliance placed on such information is therefore strictly at the setting s own risk. SCC is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within this guidance/policy. 18

19 APPENDIX 2. Mr & Mrs Green 29 Tulip Close Taunton Somerset TA1 9AA EXAMPLE OF A TERMLY INVOICE Little Flowers Pre-school Foxglove Hall Heather Close Bridgwater Somerset TA1 9BB Invoice Date: 01/01/2015 Period of 01/01/ /03/2015 Invoice for Lily Anne Dixon Attends from 9.00am pm (6 hours a day) on Monday, Wednesday, Friday Please note the pre-school is closed on the following days - Inset Day (ID) on Monday 5 th January, Half Term - 16 th to 20 th February, Inset Day (ID) 27 th March. Please note that we will closed then for Easter Holidays and re-open on 13 th April. Week commencing Total Hours EYE Hours Additional Hours Week commencing 5 January 2015 (ID) Week commencing 12 January Week commencing 19 January Week commencing 26 January Week commencing 2 February Week commencing 9 February Week commencing 16 February 2015 Half Term - - Week commencing 23 February Week commencing 2 March Week commencing 9 March Week commencing 16 March Week commencing 23 March 2015 (ID) Total Hours Hours x Hourly Rate of Additional charges as per fees policy Food charge of 2.10 per day x 31 Days Total to pay Payment can be made in two instalments of by XX and XX or by 3 monthly payments of by the XX of each month. Cheques made payable to Little Flowers Pre-school or by BACS direct to Little Flowers Preschool, sort code , account no quoting your child s name. Debt procedure will be followed on late payments in accordance with our Fees Policy. 19

20 APPENDIX 3. EXAMPLE INVOICE FOR 50 WEEK SETTING (Closed for Bank Holidays and 2 additional days at Christmas) Mr & Mrs Green 30 Bluebell Road Bridgwater Somerset TA7 9AA Little Tree Nursery Heather Close Bridgwater Somerset TA7 9BB Invoice Date: 01/01/2015 Period of 01/01/ /01/2015 Invoice for Ashley Green (DOB 04/09/2010) (Attends from 08.00am 18.00pm (10 hours a day) on Monday, Wednesday and Friday) and the Nursery is closed News Years Day Bank Holiday 1 st January and also Friday 2 nd January Early Years Entitlement deducted in equal monthly amounts over the year from (01/01/15 31/12/15) Monthly Early Years Entitlement is hours (570/12=47.5) Monthly Invoice - January 2015 Hours w/c 5 January - Mon, Wed, Fri 30 w/c 12 January - Mon, Wed, Fri 30 w/c 19 January - Mon, Wed, Fri 30 w/c 26 January - Mon, Wed, Fri 30 Total Hours 120 Deduct Monthly Early Years Entitlement per hour Additional services as per fees policy Lunch and 4.00 per day (12 days) Total to pay Invoice to be paid by the 09/01/15. Please make any cheques payable to Little Tree Nursery or Bank Transfer (please ask for details) After this date, our debt policy will be followed. 20

21 APPENDIX 4. EXAMPLE MONTHLY INVOICE FOR 52 WEEK SETTING Mr & Mrs Dear 10 Rainbow Close Yeovil Somerset BA21 3XX Little Bees Childcare Heather Close Yeovil Somerset BA21 5UU Invoice Date: 01/01/2015 Invoice for Rodney Dear for period 01/01/ /12/2015 (Attends from 08.00am pm (10 hours a day) on Monday, Wednesday and Friday) Hours Cost A 10 hours x 3 days x 52 weeks 1,560 B Free Entitlement hours 570 (15 hours per week x 38 weeks of year) C Hours above Entitlement 990 D Hourly rate 4.00 E Amount payable by parent for 52 weeks 3, (C X D) F Additional cost of lunch and per week as per fees policy G Total Annual amount 4, H Monthly amount due (G/12) Invoice to be paid by the 09/01/15 and all other payments to be made by 9 th of each month. Please make any cheques payable to Little Tree Nursery or Bank Transfer (please ask for details) After this date, our debt policy will be followed. Note if the booked hours changes to less than EYE hours a week (ie 570 hours divided by 52 weeks), the hours will be reduced accordingly and a new invoice produced. 21

22 APPENDIX 5. EXAMPLE MONTHLY INVOICE FOR 52 WEEK SETTING Mr & Mrs French 10 Davey Close Yeovil Somerset BA21 4XY Little Bears Childcare Daisy Close Yeovil Somerset BA21 6YX Invoice Date: 01/01/2015 January 2015 invoice for Finlay French (Attends from 08.00am pm (10 hours a day) on Monday, Wednesday and Friday) At this nursery the funding can only be accessed term time only with the maximum hours available in each funding period 210 hours in the Autumn, 165 in the Spring and 195 hours in the summer. The nursery is closed on Bank Holidays and there is no charge. Week commencing Hours Friday 2 January Week commencing 5 January 2015 Week commencing 12 January Week commencing 19 January Week commencing 26 January Total Hours 130 Less early years entitlement Spring Funding Period maximum of 165 Hours / 3 months = 55 funded hours per month * Hours to pay 130 less 55 = = 300 Invoice to be paid by the 09/01/15. Please make any cheques payable to Little Bears Nursery or Bank Transfer (please ask for details) After this date, our debt policy will be followed. * Note if the hours booked changes, the funded hours will be reduced accordingly eg if the child only attending one day (10 hours) for 5 weeks the maximum available is 50 hours. A new bill will be produced. 22

23 APPENDIX 6. EXAMPLE MONTHLY INVOICE FOR 50 WEEK SETTING Mr & Mrs Jones 10 Ash Close Frome Somerset BA11 5TT Little Pips Nursery Holly Close Frome Somerset BA11 6PU Invoice Date: 01/01/2015 January 2015 David Jones (Attends from 08.00am pm on Monday, Wednesday and Friday) the nursery allows the funding to be 11.4 hours a week and closed for 8 Bank Holidays and 2 Training Days including 2 nd January January invoice 2015 w/c Monday 5 January w/c Monday 12 January w/c Monday 19 January w/c Monday 26 January 30 hours 30 hours 30 hours 30 hours Hours attended in January (4 wks X 30hrs per week) = 120 hrs Less Early Years Entitlement (4 wks X 11.4 hrs per week ) = 45.6 hrs Hours to pay Total to pay Invoice to be paid by the 09/01/15. Please make any cheques payable to Little Pips Nursery or Bank Transfer (please ask for details) After this date, our debt policy will be followed. 23

24 APPENDIX 7 - Process for parents who request a funded 2-yr old place at a setting graded Requires Improvement (R.I) Parent applies for funding for 2 yr old A letter is sent confirming eligibility with a list of settings graded good or above in parent s local area Parent contacts the Entitlements team to notify them that they wish to access a setting not on the list currently graded R.I Brokerage role: Childcare Sufficiency Development Officer (CSDO) contacts the parent and explains the benefits of choosing a good or outstanding setting. If there are no places available at good or outstanding settings in the locality the parent may request that their child is offered a place in a R.I setting. The R.I setting will need to comply with a self- improvement process. Brokerage role: The parent may decide to request a place at a R.I setting even if it has been made clear that there are places in other good or outstanding settings. This is their choice. If this is the case, a letter will be sent explaining that the place will be funded on condition that the R.I setting agrees to comply with the selfimprovement process, which will involve completing a Self- Improvement Tool and signing up to the process. R.I setting returns agreement form committing to the self- improvement process. If the R.I setting does not comply with the process funding will be refused and the parent will need to find another setting. Letter is sent to the parent confirming a funded place is available at R.I setting and giving a start date. Parent contacted by CSDO brokerage to find suitable placement. 24

25 APPENDIX 8 - Process for R.I settings re: funded two year olds Parent contacts the Entitlements team and their eligibility is checked and confirmed. (See Appendix 7) Parent contacts the Entitlements team to state their intention to access a funded place at a R.I setting. CSDO contacts the parent (see brokerage role in Appendix 7.) CSDO contacts the setting and explains the self-improvement process. In order to access the two year old entitlement funding the setting needs to sign an agreement form and return a completed Self-Improvement Tool (SIT) to the Entitlements Team within one calendar month. Agreement Form returned Funding approved Letter sent to setting confirming start date Setting does not wish to take part in the selfimprovement process Letter to provider copied to parent refusing funding. The Entitlements team monitor return of SIT. If not returned within one calendar month funding will not be paid. Parent needs to access another setting. Refer to brokerage. Please be aware that a setting must not accept a child for a funded place before eligibility has been confirmed in writing by the Entitlements Team. NB. If the setting accepts a child for a funded two year old place without viewing the eligibility letter they will have to charge for the place should eligibility not be confirmed. If a completed SIT is not returned within one calendar month the setting will not receive funding and so may have to charge for the place. 25

26 SECTION 3 QUALITY DELIVERY Objective: all children are able to take up their entitlement to funded early education in a high quality setting. Evidence shows that higher quality provision has greater developmental benefits for children, particularly for the most disadvantaged children. The evidence also shows that high quality early education at age two brings benefits to children s development. This guidance reflects the Government s intention that, as far as possible, early education for two-year-olds is delivered by providers who have achieved an overall rating of outstanding or good in their most recent Ofsted inspection report. 3.1 Overarching principles Providers should have regard to the following principles when planning and managing the delivery of their early years provision: The needs and best interests of the child must come first at all times. The Early Years Entitlement should be delivered to consistently high standards and provide planned learning activities to help children progress towards achieving the early learning goals in the Statutory Framework for the Early Years Foundation Stage. Appropriate regard should also be given to the Special Educational Needs Code of Practice for Early Identification and Assessment and working with all professionals involved in MAISEY 2 including health visitors and the getset services. The Common Assessment Framework (CAF) is the preferred assessment used by Somerset s multi-agency partnerships. For information about completing a CAF, or to find out if a CAF has been registered, please contact the CAF Coordinator CAFcoordinator@somerset.gov.uk SEND code of practice: 0 to 25 years Providers must consult with parents on a regular basis to satisfy themselves that where reasonably practicable their service is meeting their needs. Providers should consult with existing and prospective parents to support future business planning and places management. Providers should adopt an inclusive approach, promote equality of opportunity and ensure that there is no discrimination. Providers must consult regularly with parents regarding the development needs of their child. Providers must have a named special educational needs co-ordinator working in the setting Providers must have a designated child protection officer who has completed working together to safeguard children training and they must update this training every two years. Staff in the setting must be part of a planned programme of supervision and appraisal. The Leader of the setting should be able to demonstrate clear leadership and management skill and ideally have undertaken training to support them in this role. 2 Multi- Agency Identification and Support in the Early Years 26

27 3.2 Improving the level of Quality To secure quality, local authorities should: Base their decision whether to fund a provider to deliver early education places solely on the provider s Ofsted inspection judgement or on the judgement of an independent inspectorate approved by the Secretary of State, and not undertake a separate assessment of the quality of the provider. Providers judged as requires improvement by Ofsted will only receive the Early Years Entitlement funding if they show a commitment to improving the quality of their provision within one year or by their next inspection, which ever is sooner. If a setting receives a requires improvement inspection outcome from Ofsted they must inform Somerset Family Information Direct (SFID) immediately. In order to remain on Somerset s Directory of Providers, the setting will be referred to the Early Years Performance Group and their contact details shared with the Training Development and Audit Officer. The setting must agree to engage with relevant improvement criteria: Put in place a Quality Improvement Plan Have a workforce development plan indicating how they will achieve a high level of workforce qualifications i.e. all staff having or actively working towards a level 3 early years qualification. For Good Practice there should be an on-going programme of Continual Professional Development (CPD) and settings with 5 staff or more must have a least two dedicated inset days per year. Operate a Self Evaluation Framework Keep records of children s progress throughout the Early Years Foundation Stage Active participation in either locally based networking opportunities i.e. Manager and or Cluster Meetings, or participate in a peer to peer support network. The Early Years Performance Group will require the setting to submit a Quality Improvement Plan within six weeks of notification. Please see 3.6 for guidance on developing a Quality Improvement Plan. The Training Development and Audit Officer will visit the setting and conduct a training audit. Parents who wish for their eligible funded 2 year old child to attend a Requires Improvement setting must contact the Early Years Entitlement team and following this the Provider must fully complete and return the Self Reflective Process Toolkit in order to get the EYE. A provider should not take the child until this has been accepted. 27

28 3.3 Early Years Leadership and Peer to Peer Support Framework In Somerset we recognise that working practitioners are one of the best sources of expertise and knowledge in the field. They are best placed to offer opportunities to share best practice and offer the peer-to-peer support that practitioners want. Somerset Centre for Integrated Learning (SCIL) has designed the Somerset Early Years Leadership and Peer to Peer Support Framework in consultation with the sector with the aim of improving outcomes for children and families through a commitment to the professional development of all early years practitioners. The objective is that the Early Years Leadership and Peer to Peer Support Framework will provide a self-sustaining model of practitioner support. Somerset Early Years Framework and Peer to Peer Website The website promotes the overall framework and enables ease of access to full information regarding each element of the framework. Settings can register themselves, access up-to-date resources and participate in the online forum. Professional Practice Resource Toolkit (PPRT) A key resource of the framework is the PPRT. The PPRT is a fully subsidised toolkit (available electronically and in hard copy) to support all early years practitioners in Somerset to improve standards and demonstrate how their role impacts on improving outcomes in early years. Covering fundamental areas such as business management and staff development, the PPRT enables setting to simplify processes and ensure compliance with a range of legal and statutory requirements. The PPRT is designed to be an organic resource and will be updated online. 28

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