Free Entitlement Provider Handbook

Essex County Council
Free Early Education Entitlement for Two,
Three and Four Year Olds
Provider Handbook
April 2015
1
Contents
1. Introduction
1.1 The updated Statutory Guidance
2. Eligibility
3
3
5
2.1 Eligibility for two year olds
5
2.2 Eligibility for three and four year olds
6
2.3 Provider eligibility
6
3. Flexibility
7
3.1 Parent/carer Agreement Form
7
3.2 Flexibility for two, three and four year olds
8
3.3 Flexibility and additional charges
8
3.4 Providers not delivering the full FEEE
9
3.5 Providers delivering the FEEE for two year olds
10
3.6 A free place for two, three and four year olds
10
4. Quality
11
4.1 Securing and improving quality
11
4.2 Exemption from the Early Years Foundation Stage
12
4.3 Providers with a ‘Requires Improvement’ or ‘Inadequate’
Ofsted judgment
13
5. Funding FEEE places
15
5.1 FEEE funding for two, three and four year olds
15
5.2 FEEE funding for two year olds
15
5.3 FEEE funding for three and four year olds
15
5.4 Funding children with special educational needs
16
5.5 Headcount
17
5.6 Changes in situation
18
6. Help with queries
19
Disclaimer: Whilst every care has been taken to ensure that the information contained
within this handbook is correct at the time of publication, Essex County Council cannot be
held liable for any loss, damage or expense incurred as a result of information contained in
this handbook
April 2015
2
1. Introduction
This handbook is a working document that specifies how Essex County Council (ECC)
funds free early education for all eligible two, three and four year olds in the maintained,
private, voluntary and independent (PVI) sectors and children’s centres.
This handbook builds on the Department for Education (DfE) Early Education and
Childcare: Statutory Guidance for Local Authorities September 2014. Copies of the
statutory guidance are currently available to download from the government’s website:
https://www.gov.uk/government/publications/early-education-and-childcare--2
The Free Early Education Entitlement (FEEE) Contract forms a binding agreement between
childcare providers and ECC. The contract states that providers delivering free early
education and childcare must abide by the conditions and requirements of the Early
Education and Childcare: Statutory Guidance for Local Authorities September 2014
and the ‘Essex County Council Free Early Education Entitlement Contract’. By signing
and dating the contract, the provider acknowledges that they understand the above
mentioned documents and will meet the requirements therein.
The FEEE is at the heart of the Government’s vision for all children to have access to high
quality early years education. Evidence shows that regular good quality early education has
long lasting benefits for all children.
The FEEE for three and four year olds is a universal free provision for every child from the
term following their third birthday up until they reach compulsory school age. However, only
children that are eligible under certain criteria are able to access the FEEE for two year
olds.
This handbook explains;
 when children become eligible for the FEEE (two, three and four year olds)
 the process for claiming the FEEE funding for two year olds
 the process for claiming the FEEE funding for three and four year olds
 what may happen if providers are graded ‘Requires Improvement’ or ‘Inadequate’ at
their Ofsted inspection
ECC is committed to working in close partnership with providers across all sectors in order
to achieve flexible, high quality provision which meets the needs of children and promotes
parental choice, but balances this with supporting provider sustainability and a thriving
childcare market.
1.1
The updated Statutory Guidance
The revised statutory guidance includes guidance on eligibility for the entitlement to early
education for around the 40% most disadvantaged two-year-olds. It also introduces new
elements relating to:
 the introduction of childminder agencies;
 how local authorities discharge their duty to secure early education for two, three,
and four year olds;
 the provision of information, advice and training to childcare providers;
 early education providers who do not actively promote fundamental British values or
promote views or theories as fact which are contrary to established scientific or
historical evidence and explanations.
3
The changed role for local authorities, making Ofsted the sole arbiter of quality, will enable
local authorities to focus on ensuring that all eligible children are able to take up their early
education place and that weaker providers take steps to improve the quality of their
provision.
The guidance seeks to assist local authorities, providers and parents by making clear:
 what outcomes different measures are seeking to achieve;
 what is a legal duty required by legislation; and
 what local authorities should do to fulfil their statutory responsibilities.
The guidance does not provide instruction on how providers operate their private
businesses, including charges for provision over and above a child’s early education place.
The Local authority is not able to intervene in providers’ private businesses outside of a
child’s early education place.
4
2. Eligibility
Outcome: all children who meet the prescribed criteria 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,
high quality early education has lasting benefits for all children.
2.1
Eligibility for two year olds
The FEEE for two year olds is not a universal offer, only eligible children may access this
funding via an application process. Families can be referred by any of the following
personnel:
- early education and childcare providers
- children’s centre support workers or outreach workers
- health professionals or social workers
Two year olds who meet any one of the following criteria are eligible for the FEEE:
☐ They meet the criteria used to determine eligibility for Free School Meals
☐ Their family receives Working Tax Credits and have annual gross earnings of no more
than £16,190
☐ They have a current statement of Special Educational Needs (SEN) or an Education,
Health and Care plan
☐ They are entitled to Disability Living Allowance
☐ They are looked after by a local authority
☐ They are no longer looked after by the local authority as a result of an adoption order, a
special guardianship order or a child arrangements order which specifies with whom the
child lives.
Local authorities must ensure that two-year-olds who have met the eligibility criteria set out
above continue to receive a place once they have taken it up even if the child ceases to
meet these criteria at a later date.
Eligible children may access a FEEE funded place in the term following their second
birthday, see table below
A child born in the period
Will become eligible for a free place
1 April to 31 August
1 September following a child’s second birthday
1 September to 31 December
1 January following a child’s second birthday
1 January to 31 March
1 April following a child’s second birthday
Providers should request and check the child’s birth certificate to confirm their eligibility for
the FEEE. ECC may ask to see evidence that the provider has checked birth certificates
5
therefore it is recommended that providers make a note of the number to confirm that this
has been seen.
2.2
Eligibility for three and four year olds
All children become eligible in the term after they turn three, see table below
A child born in the period
Will become eligible for a free place
1 April to 31 August
1 September following a child’s third birthday
1 September to 31 December
1 January following a child’s third birthday
1 January to 31 March
1 April following a child’s third birthday
2.3
Provider Eligibility
ECC and the DfE stipulate that to offer the Free Entitlement all providers (including
childminders registered with a childminder agency) must;

be registered with Ofsted

have an Ofsted judgement of Good, Outstanding or Requires Improvement to offer
the FEEE to three and four year olds and Good or Outstanding to offer the FEEE to
two year olds

have a current bank account that they use for their business

have a funding contract with ECC

have access to the internet and an email account

meet the independent school standard in relation to the spiritual, moral, social and
cultural development of pupils

actively promote fundamental British values of democracy, the rule of law, individual
liberty and mutual respect and tolerance of those with different faiths and beliefs

not promote as fact views or theories which are contrary to established scientific or
historical evidence and explanations
In addition newly registered providers are eligible to offer the FEEE before their first Ofsted
inspection. However, the outcome of their Ofsted inspection will determine whether they
can continue offering the FEEE and whether they can offer places to eligible two year olds.
6
3. Flexibility
Outcome: Children are able to take up their full FEEE at times that best support their
learning and at times which fit with the needs of the parents.
The offer
up to 15 hours a week over a minimum of two days (if the offer is
stretched over more than 38 weeks the hours per week are reduced)
Length of offer
38 weeks 1 or up to 52 weeks for a stretched offer (no more than 570
hours per annum)
Minimum hours per day
2.5 hours
Maximum hours per day
10 hours
Number of providers
Times
3.1

for 3 and 4 year olds, parents can use their 15 free hours over a
maximum of two participating providers

the FEEE for eligible two year olds may be accessed at one
provider only
not before 7.00am or after 7.00pm
The Parent/Carer Agreement Form
All providers must complete a Parent/Carer Agreement with all parents/carers. The
agreement is retained by the provider and must be made available to officers from ECC to
view if requested. Parents or carers must complete and sign a Parent/Carer Agreement
Form each term for the following reasons:
1

Completing and signing the form confirms the contractual agreement between the
provider and the parent for the duration of the term.

The Parent/Carer Agreement Form records the number hours/weeks of FEEE for the
duration of the term.

It informs the parent that if they decide to move their child after headcount they may be
liable to pay full fees at the new provider.

For the FEEE for three and four year olds it records whether parents are accessing
funding over one or two provisions to prevent double claims being made.

It informs parents of how hours can be taken.

It informs parents that additional charges can be made.

It informs parents about the restrictions of increasing hours in a term.

It informs parents what happens if their child starts school.
A provider who is not open for 38 weeks must let parents know that they will not receive the full entitlement.
7
3.2
Flexibility for two, three and four year olds
Flexibility is not about just offering longer hours, but also about offering different patterns or
models of flexibility at the provision. A flexible offer should be meaningful and useful for
parents, promote child development to improve the wellbeing of young children and be
workable for providers.
Providers delivering the FEEE flexibly must ensure that the entitlement is offered to parents
in a way which meets their needs and gives them real choices about how they access a
free place. It is really important to offer enough flexibility to meet the requirements of
parents who work, particularly those that work part time.
If it meets their needs parents accessing the FEEE for three and four year olds can split
their 15 hours between two providers. If they decide to split their funding they must
complete a Parent/Carer Agreement Form for each provision on a termly basis.
Providers do have the option to operate a ‘sole provision policy’, provided they offer the full
15 hour entitlement, but should consider whether this would meet parental demand. If a
provider does decide to implement a ‘sole provision policy’ they must inform parents that
this is their policy, and that they must access their full entitlement at the setting, at the time
they complete the Parent/Carer Agreement Form.
Definition of flexibility for two, three and four year olds
The FEEE can be taken up in a number of ways. ECC has a duty to ensure that, as a
minimum, parents can access the FEEE in the following patterns:


Either three hours a day over five days of the week, or
Five hours a day over three days of the week.
A provider who wishes to offer a ‘stretch’ FEEE place (taking fewer hours per week over
more weeks of the year) should discuss this option with an Early Years and Childcare
Business Consultant to ensure that there is provider capacity and sufficient parental
demand.
Providers may choose to deliver the FEEE places in line with the maintained schools term
times but there is no requirement to do this.
The examples below show how the FEEE can be delivered flexibly:
Three hour morning sessions across five days
Three hour afternoon sessions across five days
Three hour sessions - a combination of mornings and afternoons
Two full days
Five hours per day across three days
3.3
Flexibility and additional charges
Lunch

The lunch time period can be included as part of the funded hours.
8


Any charge for the lunch must be agreed with parents in advance.
Parents must be given the option of providing a packed lunch if this is more
affordable for them.
Fees and charges

Information must be given to a parent that clearly shows that they have received their
child’s full 15 hour funded place completely free, there should be no monetary value
attached to the free 15 hours.

Additional hours and services may be charged for, e.g. meals or hours in addition to
the funded free hours. Any charges must be agreed in writing with the parent prior to
placement start date and an opt out option available that does not impact on their
free place

The rates which a provider charges for additional hours outside of a child’s FEEE place
are a private matter between the provider and the parent. These should, however, be in
line with their non-funded sessional or hourly charges.

Where a child is only accessing the 15 hours of FEEE it is not necessary to provide an
invoice. However providers must inform parents that an application for funding has been
made on their behalf and ensure they complete a Parent/Carer Agreement Form.

Charges for any additional hours and/or services must be clearly recorded separately on
an invoice.
Invoicing
All invoices to parents must be clear and transparent so they can clearly understand what
has been charged for
The invoice a provider sends to a parent should include the following:

The relevant date.

The provision details.

Details of the parent/child.

The period of time the invoice is for i.e. one week, two weeks, or a month.

It should itemise what is free of charge i.e. FEEE funded hours, and what are chargeable
items.

FEEE hours cannot be represented as a monetary value or as a discounted item on the
invoice.

Chargeable hours that have been taken outside FEEE hours should be clearly itemised
on the invoice.

Snacks, meals and additional activities should also be clearly itemised on the invoice.

The provider should indicate the time scale in which they expect payment to be made
by.
Please see appendix A for an example of a best practice invoice
3.4
Providers not delivering the full FEEE
Some providers are not able to open for 15 hours a week or the full 38 weeks of the year.
Parents may choose to access this provision, but must be told that ECC is under no
obligation to offer the remainder of the child’s FEEE at a different provider.
9
A provider who is receiving funding to deliver a reduced entitlement cannot charge parents
for additional hours of provision if their child is accessing 15 hours or fewer per week.
Where a child attends two providers, the local authority will not fund five weeks’ difference if
one provider offered 33 weeks and the other 38 weeks as the hours are not transferable.
Parents/carers are asked to confirm that they are aware of this on the Parent/Carer
Agreement Form.
3.5
Providers delivering the FEEE for two year olds
Where a child is accessing the FEEE for two year olds, they may only attend one provider.
The access and delivery of childcare for two year olds should be offered in exactly the
same way as three and four year olds with the exception to split hours between two
providers.
Please note, the FEEE for two year olds is non-transferable. Funding may only be
transferred where there are exceptional circumstances and a Transfer Form has been
completed and approved by ECC. A transfer request MUST be completed and approved
PRIOR to the child starting at the onward provision. If this process is not followed ECC will
not pay the funding.
3.6
A free place for two, three and four year olds
The entitlement is a free, part time place for each eligible two, three and four year old child.
An early years provider must not;

attach any conditions to the funded place which oblige parents to purchase
additional hours or pay lunchtime charges in order to secure free early education

charge for any part of the funded hours or ‘top up fees’ (the difference between what
a provider would normally charge and what the provider receives from ECC)

charge for any goods or services where such payment is conditional to access the
free place - for example a registration fee or charges for a uniform
It is the responsibility of the provider to explain to parents about the free early education
entitlement and to inform parents that a claim has been made on their behalf.
10
4. Quality
Outcome: 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. It is 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.
ECC recognises that the provision of care and education for the youngest children is
offered in a wide range of schools/provisions across the maintained, private, voluntary,
independent sectors and childminders. ECC welcomes this diversity and will work in
partnership with all providers to ensure that high quality inclusive provision is maintained
and offered to all children and their families whichever provision they attend.
4.1
Securing and improving quality
All early years providers who deliver the FEEE must;

deliver the full Early Years Foundation Stage (EYFS)

be registered with Ofsted as an early years provider, or are a school taking children
aged three and over and therefore exempt from registration with Ofsted as early
years providers, or are a childminder registered with a childminder agency which is
registered with Ofsted

submit to an inspection by Ofsted

maintain records about children receiving the FEEE and make that information
available to ECC, as the local authority, and Ofsted on request

provide parents with clear written information about any fees or charges for
additional hours and/or services

actively promote fundamental British values and not promote views or theories as
fact which are contrary to established scientific or historical evidence and
explanations

meet the needs of disabled children and children with special educational needs

keep children safe
ECC will;

fund places for two, three and four year old children at any provider judged ‘good’ or
‘outstanding’ by Ofsted or at any childminder registered with a childminder agency
judged ‘good’ or ‘outstanding’ by Ofsted if a parent wants their child to take up their
early education place at that provider and the provider is willing to accept the local
authority funding

fund places for three and four year old children at any provider judged ‘satisfactory’
or ‘requires improvement’ by Ofsted or at any childminder registered with a
childminder agency judged ‘requires improvement’ by Ofsted if a parent wants their
child to take up their early education place at that provider and the provider is willing
to accept the local authority funding
11

not undertake a local authority assessment of the quality of the provider, but rely
solely on the Ofsted inspection judgement of the provider or the childminder agency
as the benchmark of quality

fund places for two, three and four year old children at new providers registered with
Ofsted until the provider’s first full Ofsted inspection judgement is published or at a
childminder registered with an agency until the agency’s first full Ofsted inspection
judgement is published if a parent wants their child to take up their early education
place at that provider and the provider is willing to accept the local authority funding

fund providers with exemptions from the Early Years Foundation Stage if a parent
wants their child to take up their early education place at an exempt provider and the
provider is willing to accept the local authority funding

may choose to fund places at providers who do not meet the quality standards set
out above to ensure sufficiency of early education places

not fund providers if they do not actively promote fundamental British values or if
they promote views or theories as fact which are contrary to established scientific or
historical evidence and explanations

only fund places for two year old children in ‘satisfactory’ or ‘requires improvement’
providers or with childminders registered with childminder agencies judged ‘requires
improvement’ where there is not sufficient, accessible ‘good’ or ‘outstanding’
provision

fund providers with an Ofsted inspection judgement of ‘met’ until their Ofsted quality
inspection judgement is published

secure alternative provision and withdraw funding from a provider (other than a local
authority maintained school), as soon as is practicable, when Ofsted publish an
inspection judgement of the provider or childminder agency of ‘inadequate’

not withdraw funding from providers or from childminders registered with an agency
until the provider’s or childminder agency’s Ofsted inspection judgement is published

not fund childminders registered with a childminder agency where the agency has
indicated to the local authority that the childminder is not of satisfactory quality
unless it is necessary to do so to ensure sufficiency of accessible places

take appropriate action to improve the quality of provision at a local authority
maintained school which has been judged by Ofsted to require significant
improvement or has been placed in special measures
4.2
Exemption from the Early Years Foundation Stage
The Early Years Foundation Stage (EYFS) is mandatory for all early years providers,
maintained, non-maintained and independent schools and all early years providers on the
Early Years Register.
 The EYFS exemptions arrangements, introduces a new route for good quality
independent schools, as well as maintaining a more streamlined 'established
principles' route.

The Childcare Act 2006 does not allow for any exemptions from the safeguarding
and welfare requirements of the EYFS.
12
ECC will;
 fund providers who have exemptions from the EYFS Learning and Development
requirements if a parent wants their child to attend that provider

fund providers for children who have exemptions from the EYFS Learning and
Development requirements
The exemptions from the Learning and Development requirements can be downloaded from
www.education.gov.uk-eyfs
4.3
Providers with a ‘Requires Improvement’ or ‘Inadequate’ Ofsted
judgement
Quality Improvement
Following a ‘Requires Improvement’ or an ‘Inadequate’ judgement for a provider providing
FEEE for two, three and four year olds, ECC will allocate an Early Years and Childcare
Quality Improvement Team Officer to;

work in collaboration with the provider to compile an intervention plan

ensure key actions are clearly identified to raise the quality of provision

establish clearly defined timescales for improvements to be made by the provider

maintain regular liaison with the provider to ensure progress remains on track

monitor the impact and effectiveness of improvements made to the provision within a
clearly defined timescale

co-ordinate any further support required such as in-house training, signpost to CPD
opportunities

report back to the Early Years and Childcare Management Team on the progress
made at the end of intervention period
Withdrawal of funding
The Early Education and Childcare: Statutory Guidance for Local Authorities September
2014 states that the Local authority must ‘…secure alternative provision and withdraw
funding from a provider (other than a local authority maintained school), as soon as is
practicable, when Ofsted publish an inspection judgement of the provider or childminder
agency of ‘inadequate’’. Therefore:

following an ‘Inadequate’ Ofsted judgement, no further places for FEEE for two,
three and four year olds will be allocated to the provider

following a ‘Requires Improvement’ Ofsted judgement no further places for FEEE for
eligible two year olds will be allocated to the provider

decisions about the next steps for each individual early years provider, following an
‘Inadequate’ Ofsted judgement, including withdrawal of funding will be made on a
case by case scenario by ECC Early Years and Childcare Management team

ECC will issue a letter to the setting outlining any decision made about suspension of
funding and any subsequent interventions/actions to be taken, including relevant
timescales
13

applications for individual children who are eligible for the two year old FEEE, whose
parents wish them to attend a ‘Requires Improvement’ provider, will be considered
on a case by case basis by the ECC Early Years & Childcare leadership team
14
5. Funding FEEE places
Outcome: fair and transparent funding which supports a diverse range of providers to
deliver early education places and encourages existing providers to expand and new
providers to enter the childcare market. This diversity enables parents to choose a provider
that best meets the needs of their child and family.
5.1
FEEE funding for two, three and four year olds:
Eligible children are entitled to up to 570 hours of FEEE over the year. The entitlement is
divided into three terms ranging from eleven to fifteen weeks which mirror the school terms,
38 weeks in total.
ECC will fund providers to offer any number of weeks between a minimum of 33 up to a
maximum of 52 (reducing hours pro rata). If the provider is stretching the 570 hours over
more than 38 weeks they will need to claim the maximum FEEE hours allowed for the term
at each headcount, rather than the number of hours the child has attended during the FEEE
funding period. For example, if stretching the offer over 52 weeks the child should receive
FEEE for 11 hours per week for 50 weeks and 10 hours per week for the remaining 2
weeks, this would equal 570 hours over the year. The provider should divide the 52 weeks
into 3 terms in order to show on the parent’s invoice the number of hours per week and
number of weeks claimed during that term.
See the table below for a breakdown of the maximum number of hours that can be claimed
in this contractual year:
Term
Inclusive term dates
Duration of
FEEE
Equivalent in hours
Summer 2015
13/04/2015 to 22/07/2015
13 weeks
13 weeks x 15 hours = 195 hours
Autumn 2015
03/09/2015 to 18/12/2015
14 weeks
14 weeks x 15 hours = 210 hours
Spring 2016
04/01/2016 to 24/03/2016
11 weeks
11 weeks x 15 hours = 165 hours
NB: If the offer is fewer than 38 weeks the provider must make it clear to parents in
writing before they accept a place as to how many weeks are offered and that if the
parent requires more weeks or hours then they should seek an alternative place.
5.2
FEEE funding for two year olds:
All providers offering the FEEE for two year olds are paid a flat rate of £5 per hour per child
for those two year olds in place. This does not attract a Social Deprivation Supplement as
the funding is already focused on disadvantage.
5.3
FEEE funding for three and four year olds:
The FEEE for three and four year olds is calculated using the Single Funding Formula (SFF
which is composed of a number of base rates differentiated by type of provider according to
unavoidable cost differences. The formula includes a deprivation supplement of an
15
additional 10p, 20p or 30p per hour for qualifying children based on their postcode, and is
based on a headcount of children attending provision conducted each term.
From April 2015 providers will receive an Early Years Pupil Premium (EYPP) of 53 pence
per hour for every hour of FEEE taken up in respect of eligible three and four year old
children. Children are eligible if they meet at least one of the following criteria:




they meet the criteria used to determine eligibility for Free School Meals
they have been looked after by their local authority for one day or more
they have been adopted from care
they have left care under a special guardianship order or residence order
The Local authority is responsible for checking that individual children meet the eligibility
criteria for EYPP. Therefore we need providers to let us know which of the children in their
care meet one of the above criteria so we can check their eligibility. Please speak to
parents of children receiving the FEEE and, in particular, parents of children who took up
the early education entitlement for two year olds, as most of these children will attract EYPP
when they turn three.
Details of the SFF hourly base rates are as follows:
Provider Type
Definition
Hourly Base Rate
@ 1st April 2015
Pre-Schools
A provision operating fewer than 45 weeks per
year and with sessions no longer than 4 hours.
£3.82
Day Nurseries
A provision operating for;
3 or more hours per day;
5 or more days per week; and
45 weeks or more per year
£4.01
Independent Schools
A Registered Independent School in England,
established under the Education Act 2002.
£4.01
Childminders
A childminder
£4.61
Maintained Primary
Schools with
Designated Nursery
Classes
A primary school maintained by the local authority
with one or more classes designated by the local
authority as classes admitting nursery-aged
children where the children are all on the main
school roll.
£4.27
Maintained Nursery
Schools
A nursery school maintained by the local authority
for nursery-aged children where all children are
on the school roll.
£6.19
5.4
Funding children with special educational needs
If a child with special educational needs is not accessing their full FEEE, ECC will consider
providing funding equivalent to the child taking up a full place (up to the maximum hours),
16
enabling ‘surplus’ funding to be used to support the child, for example to increase staff
ratios. The following conditions would apply:

This would need to be agreed on a case by case basis, with confirmation of
appropriate arrangements being agreed between the provider and the Special
Educational Needs and Children with Additional Educational Needs (SEN/AEN)
service.

This arrangement should only be made if there is evidence that parents/carers wish
their child to attend fewer hours than the maximum available. It would need to be
made clear to the parent that the full entitlement (in terms of hours) is available,
should they choose to take it. If the full hours were taken then for any additional
support required the point below covers options on how to try and secure this.

If parents/carers wish their child to access the full FEEE funded hours, any additional
support may be funded through SEN/AEN and/or an Inclusion Grant (subject to
available funding) as is the current procedure. Where an Inclusion Grant is being
applied for, a Crisis Grant application may be submitted to cover the period up to
receiving the Inclusion Grant. Providers must liaise with the SEN/AEN service to
ensure the correct level of funding is applied.
5.5
Headcount
The headcount date is set on specific dates in the school term to ensure that all providers
are open. The FEEE can be used in any consecutive block within the term. We recommend
that providers follow the school term when setting the dates for the FEEE timeframe.
Childcare accessed outside of this grant funded period can be charged at any pre-agreed
fees/rates unless the provider is stretching the FEEE. If this is the case then providers can
only charge for hours accessed beyond the 570 yearly maximum.
All headcount data must be submitted in hours by the headcount submission dates each
term as follows:
Summer 2015 term dates
13 April to 22 July
Autumn 2015 term dates
3 Sept to 18 Dec
Spring 2016 term dates
4 Jan to 24 March
Headcount date
Latest submission date
Thursday 7 May 2015
Wednesday 13 May 2015
Thursday 17 Sept 2015
Wednesday 23 Sept 2015
Thursday 21 Jan 2016
Wednesday 27 Jan 2016
Data will only be accepted electronically via the Early Years and Childcare Provider Portal.
Details of how this must be completed will be advised prior to each headcount.
For the three and four year old FEEE, an interim payment of 50% is made at the beginning
of each term, based on the total number of hours funded in the previous term for all children
who are still eligible. The payment of the balance will be made within 6 weeks of the
headcount submission deadline date by BACS or Journal transfer.
17
FEEE payments for two year olds are calculated on headcount data submitted for approved
children. A single payment will be made within six weeks of the headcount submission
deadline date, by BACS or journal transfer.
NB: Completion of headcount data and the Early Years Census (or School Census in
the case of Maintained Primary Schools with Designated Nursery Classes and
Maintained Nursery Schools) is a statutory requirement that all providers must
complete.
For all purposes ECC will fund children from the first week (where there are three or more
days in that week) following the start of the Essex maintained school term.
Children in reception class will only be funded for a ’phase in‘ period providing they have
been registered with the provider within the first 4 weeks of term. Once they are in reception
class children will no longer be able to access the FEEE funding.
FEEE funding will be payable to a provider if the following conditions are met:

The children included in the headcount are registered at the provision on the day of
the headcount.

Any children included in the headcount who are ill or otherwise absent during that
week, must be genuinely expected to take their place during that term.

If a child joins after headcount date a late claim can be submitted provided the
conditions in the contract are applied and they have NOT claimed FEEE at any other
provision within Essex for that term.

Where children access their place intermittently e.g. transient families such as
Traveller children or refugee children, it is the local authority’s policy to fund for the
duration of the term.

Parents cannot increase the number of funded hours they wish their child to take
after the headcount day. The parent agreement form that was signed at the
beginning of the term between the provider and the parent clearly indicates this.
Increased hours can only be made on a termly basis.

Providers in contract with the local authority must offer at least one free place (i.e.
entirely funded by the FEEE) of at least 2.5 hours and up to 10 hours per day up to
the weekly maximum with no requirement for the parents to pay for additional hours
such as extended provision or care.

There is no requirement to ‘advertise’ or ‘keep free’ this one space but if the provider
has a vacancy and were approached by a parent who only wanted their FEEE, the
provider must offer this.

Providers are required to add, amend and delete data on the Early Years and
Childcare Provider Portal each term to ensure accuracy. This includes prompt
notification of changes to the funding contact at the provision or any change to bank
account details.

Providers registered to deliver FEEE with ECC must agree to admit, at any
reasonable time, authorised officers of ECC or their agents. Failure to admit staff or
regularly cancelling pre-agreed appointments may also lead to the withdrawal of the
FEEE contract.
18
5.6
Changes in situation
If a provision has to close during a term the provider should inform Early Years and
Childcare at ECC immediately to let them know the reason for the closure. In an emergency
such as bad weather, temporary premises or health and safety issues where closure may
be short term, such situations will be looked upon sympathetically and case by case. ECC
will then make a decision as to whether any repayment will be required to be paid
In circumstances where there is planned closure due to lack of sustainability, premises
concerns/restraints or financial constraints, the provider should inform Early Years and
Childcare ECC immediately to let them know of the reason for closure and the planned
date.
6. Help with queries
It is the responsibility of the provider to ensure that all supporting information and guidance
is given and explained to parents/carers before committing to accessing a place.
Parent/Carer Agreement Forms will be checked as part of any future audit checks.
The local authority will give the appropriate help and support to providers where this is
required. In all cases, the needs and best interests of the child should be paramount.
Any queries relating to headcount, late claims and Early Years Census submissions should
be directed to:
Data Collection and Maintenance Team
[email protected]
Any queries relating to the updating of bank account and contact details should be directed
to:
Data Collection and Maintenance Team
[email protected]
Any queries relating to the registration of provisions or the return of Contract Declarations
should be directed to:
Early Years and Childcare
[email protected]
Any queries relating to FEEE applications and payments for 2 year olds should be directed
to:
Early Years and Childcare
[email protected]
Any queries relating to business management should be directed to:
Early Years and Childcare Business Management Consultants
[email protected] – for North and Mid Essex
[email protected] – for South and West Essex
19
Appendix A
20