Provider Agreement Delivering Early Education and Childcare Funded provision for 2, 3 and 4 year olds 1 September 2021 - 31 August 2024 Agreement ...
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Provider Agreement
Delivering Early Education and Childcare
Funded provision for 2, 3 and 4 year olds
1 September 2021- 31 August 2024
Agreement between:
West Northamptonshire Council
and
[INSERT PROVIDER NAME]This Agreement is made between West Northamptonshire Council, One Angel Sqaure, Angel Street, Northampton, NN1 1ED [INSERT PROVIDER NAME] a company registered in England and Wales under number: [INSERT] Whose registered offices is: [INSERT] Whose Provider address is: [INSERT] Throughout this document, West Northamptonshire Council will be referred to as ‘WNC’ and the OFSTED registered Childcare Provider will be referred to as the ‘Provider’ The word funded is used throughout this document. When the word free is used, this is in relation to specific guidance from the DfE or legal acts that use the word free
Contents 1. Overview .................................................................................................................................................... 5 2. Supplementary Provisions ......................................................................................................................... 5 3. Definitions and Interpretations.................................................................................................................. 6 4. Legal framework and statutory guidance .................................................................................................. 7 5. Key Local Authority – WNC Responsibilities .............................................................................................. 7 6. Key Provider Responsibilities ..................................................................................................................... 8 7. Safeguarding .............................................................................................................................................. 9 8. Eligibility for 2, 3, and 4 year olds ............................................................................................................ 10 9. The Grace Period for 30 hours Extended Entitlement ............................................................................. 13 10. Flexibility and Notice Period ................................................................................................................. 13 11. Charging ................................................................................................................................................. 14 12. Partnership working .............................................................................................................................. 15 13. Special Educational Needs and Disabilities ............................................................................................ 16 14. Social Mobility and Disadvantage .......................................................................................................... 17 15. Quality .................................................................................................................................................... 17 16. Funding .................................................................................................................................................. 18 17.Payments ................................................................................................................................................ 19 18. Movement.............................................................................................................................................. 19 19. Absent Children...................................................................................................................................... 20 20. Reporting................................................................................................................................................ 20 21. Annual Census Return ............................................................................................................................ 21 22. Monthly Headcount Returns.................................................................................................................. 21 23. Compliance ............................................................................................................................................ 22 24. Termination and Withdrawal of Funding ............................................................................................... 23 25. Complaints Process ................................................................................................................................ 28 26. Appeals Process .................................................................................................................................... 28 27. Freedom of Information ........................................................................................................................ 29 28. Data Protection and Communication .................................................................................................... 29 29. Confidentiality ........................................................................................................................................ 29 30. Disputes ................................................................................................................................................. 29
31. Definitions and Interpretation ............................................................................................................... 30
Appendices................................................................................................................................................... 31
Guidance Notes
This Provider Agreement has been prepared in line with the Department for Education (DfE) Model
Agreement 2018 and Department for Education Statutory Guidance which should be read alongside this
Agreement.
The Agreement aims to ensure that:
Public funding is used for the purpose it is intended
Processes are fair and transparent
Providers comply with relevant legislation
WNC comply with relevant legislation
The Agreement applies to all Ofsted registered Providers of Childcare and Early Education and Childcare
for funded 2, 3 and 4 year olds using the services of a West Northamptonshire based Provider listed on
the Families Information Directory.
1. Overview
1.1 This Agreement sets out the requirements placed upon WNC by the Department for Education (DfE),
Ofsted Registered Provider and refers Early Education and Childcare free of charge funding (sections
7 and 7A of the Childcare Act 2006) and free childcare (section 2 of the Childcare Act 2016) as the
‘funded entitlement(s)’ or ‘funded hours’ or a ‘funded place’.
1.2 This Agreement applies to the 15 hours funded entitlement for the most disadvantaged 2 year olds,
the Universal 15 hour funded entitlement for parents/carers of three- and four-year-olds (the
universal entitlement) and the additional 15 hours, Extended 30 hours funded entitlement for eligible
parents/carers of 3 and 4 year olds.
1.3 WNC and the Provider do hereby agree to enter into this Agreement to set out the terms and
conditions upon which the Provider will deliver the 15 hours funded entitlement for the most
disadvantaged 2 year olds (the targeted entitlement), the Universal 15 hours funded entitlement for
parents/carers of 3 and 4 year olds and the additional Extended 15 hours funded entitlement for
eligible parents/carers of 3 and 4 year olds.
1.4 This Agreement will be kept under review and updated on a three yearly basis, or more frequently if
required, to reflect changes to the Statutory Guidance and local conditions. It is noted that
Prospective Providers may choose to only apply to become Providers of the Universal Entitlement
(and therefore not the targeted entitlement or the extended entitlement)
2. Supplementary Provisions
2.1 This Agreement does not provide guidance on how Providers operate their private businesses,
including charges for provision over and above a child’s funded hours. WNC will not intervene where
parents/carers choose to purchase additional hours of provision or additional services providing that
this does not affect the parent/carers ability to take up their child’s funded place as long as the rules
within the statutory legislation are adhered to.
52.2 WNC reserves the right to include the following provisions:
References to legislation will be to that legislation, as amended from time to time, without
express change in the model Agreement and/or Provider Agreement
Termination and enforcement clauses, to cover all enforcement stages up to and including
termination of the agreement. WNC do not waive the right to act if they do not act immediately
(a slower evidence based approach may be required on occasion)
An obligation to take out and maintain adequate levels of insurance
An obligation to adhere to compliance as set out in the Compliance Framework
Provisions dealing with how funding must be accounted for and recorded for audit purposes
A clear process for resolving any disputes
A clear code of conduct policy with the right to remove funding for inappropriate or abusive
behaviour
3. Definitions and Interpretations
The following terms shall have the following meanings for the purposes of this agreement:
Phrase Meaning
Commencement 1 September 2021
Date
Expiry Date 31 August 2024
Duration WNC may terminate this Agreement at the end of any funding block by serving
written notice on the Provider at least a month prior to the proposed
termination date.
This Agreement will terminate immediately where an Early Years setting has
been deregistered by Ofsted.
Funding The funding provided by WNC to the Provider in exchange for the provision of 15
hour funded entitlement for the most disadvantaged 2 year olds (targeted
entitlement), the Universal 15 hour funded entitlement for parents/carers of 3
and 4 year olds and the additional Extended 15 hours funded entitlement for
eligible parents/carers of 3 and 4 year olds not yet registered or attending a
Reception class in a school.
Provider Early Years Providers who are referred to as ‘Providers’ and includes:
Early Years Providers and childminders registered on the Ofsted Early
Years Register
Childminders registered with a childminder agency that is registered
with Ofsted
Independent schools, and Academies taking children age 2 and over and
which are exempt from registration with Ofsted as an Early Year’s
Provider
Maintained Nursery Schools and Maintained Nursery units - not
Reception Class
6Phrase Meaning
School based Early Years provision, not Reception Class
WNC West Northamptonshire Council
4. Legal framework and statutory guidance
4.1 The following frameworks and legislation underpin this Provider Agreement:
Early Education and Childcare, Statutory Guidance for Local Authorities
Early Education and Childcare: Operational guidance
Childcare Act 2006, 2016
Local Authority, (Duty to Secure Early Years Provision Free of Charge) Regulations 2014
The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016
Early Years Entitlements: local authority funding of Providers
High Needs Operational Guidance 2019 to 2021
Schools Forums Operational and Good Practice guide
Statutory Framework for the Early Years’ Foundation Stage (EYFS)
Ofsted Inspection Framework, Independent Schools Inspectorate
School Admissions Code 2014
Equality Act 2010
Special educational needs and disability code of practice: 0 to 25 years 2015
Data Protection Act 2018
Working Together to Safeguard Children 2018
Disclosure and Barring Service
Safeguarding Vulnerable Groups Act 2006
5. Key Local Authority – WNC Responsibilities
5.1 WNC must secure a funded entitlement place for every eligible child in their area.
5.2 WNC will work in partnership with Providers to agree how to deliver funded entitlement places.
5.3 WNC will be clear about their role and the support on offer locally to meet the needs of children with
special educational needs and/or disabilities (SEND) as well as their expectations of Providers.
5.4 WNC must contribute to the safeguarding and promote the welfare of children and young people in
their area.
5.5 WNC will keep an up to date Families Information Service Directory of all Ofsted Registered Childcare
Providers and detail those who are eligible to claim funding for the delivery of the ‘free’ entitlements
5.6 Prospective providers must fulfil the following conditions (where applicable) and Providers must
comply with such conditions of inclusion otherwise WNC may, at its absolute discretion, remove
them from the Families Information Service Directory.
5.7 Conditions of Inclusion in the Families Information Service Directory:
The Provider supports and delivers the Early Years Foundation Stage statutory requirements and
is registered with Ofsted as an Early Years Provider or is exempt from such registration, and if this
is the case an exemption from the DfE must be obtained
Prospective Provider’s Ofsted judgement must rate the Provider as ‘Requires Improvement’
‘Good’ or ‘Outstanding’ for the universal element and as ‘Good’ or Outstanding’ for the targeted
elements
7 If a new Provider, they may be included in the Families Information Service Directory prior to
their first Ofsted inspection
The general principle that the needs and best interests of the child are paramount is supported
and adhered to
The entitlement is provided completely free at the point of delivery
The entitlement is provided over the weeks and hours set out by WNC in the Parent/Carer
Contract and is explained in full to all parents/carers
Inclusive approach is adopted, promoting equality of opportunity, particularly for the most
disadvantaged, looked after children and children with a disability or special educational need
As part of a multi-agency service, the aim will be to identify additional need early and support
families, using extra resources from the network where appropriate. This will prevent the need
to escalate to higher level services
Providers must have regard for the Special Educational Needs and Disability Regulations and
identify a SENCO within the provision/setting who is fully trained
There must be a named Designated Safeguarding Lead within the provision or setting who has
undertaken relevant child protection training and is refreshed every two years as a minimum
The Headcount and compulsory Annual Census forms are fully completed and submitted at such
times requested by the Local Authority and that copies are kept on fil
6. Key Provider Responsibilities
6.1 The Provider must comply with all relevant legislation, Business and Insurance requirements.
6.2 The Provider must deliver the funded entitlements consistently to all parents/carers free at the point
of delivery, adhering to all relevant Legal Requirements, WNC funding and Compliance guidance.
Regardless of whether the Universal 15 or Extended 30 hours is taken up, or parents/carers choose
to opt to pay for optional services or consumables.
6.3 The Annual Early Years Census must be completed accurately and returned before the deadline. A
charge will be incurred for any missing information or non-returns (see Appendix B). Non returns
impact the entire funded sector as this reduces the funds received by Central Government.
6.4 The Provider must follow all processes for claiming funding and not over claim. WNC have the right
to reduce a claim if an error or over claim is made.
6.5 All claims for funding must be accurate. Any errors with child level data such as dates of birth will be
rejected.
6.6 The Provider agrees that the monthly Headcount return must be completed in full to include hours
for the block, hours for the week and the chosen funding model (see Appendix A). Any form
submitted to WNC with missing information will incur a charge to be rectified (See Appendix B).
6.7 The Provider understands that no amendments can be made to claims once the funding block has
ended. All amendments outside of the funding block or in addition to a monthly claim will incur a
charge and will require evidence of a signed parent/carer contract for the requested adjustment (A
full list of charges can be found in Appendix B).
6.8 The Provider understands that funded hours cannot be claimed for a new child that starts at a setting
after the last headcount task in a funding block.
6.9 The Provider agrees that consistent failure to input accurate information or consistent over claiming
may result in the setting receiving charges and be removed from the Families Information Service
Directory and will not be eligible to deliver funded places.
86.10 The Provider must review all monthly payment reports for accuracy and advise WNC of any
discrepancies immediately.
6.11 The Provider should be clear and communicate to parents/carers the details about the days and
times that they offer funded places, along with their services, and their charges through a clear and
transparent admission and charging policy. Those children accessing the funded entitlements should
receive the same high quality and access to provision as those accessing additional hours paid
through private agreement with the parent/carer.
6.12 The Provider must be registered by Ofsted or Independent School Inspectorate (ISI) and comply
with Ofsted’s or ISI registration conditions.
6.13 The Provider must follow the EYFS and have clear safeguarding policies and procedures in place
that link to WNC’s guidance for recognising, responding, reporting and recording suspected or
actual abuse.
6.14 The Provider must have arrangements in place to support children with special educational needs
and/or disabilities (SEND). These arrangements should include a clear approach to identifying and
responding to SEND. Providers should utilise the Early Education and Childcare Notional SEND,
High Needs Fund and/or Disability Access Fund to deliver effective support, whilst making
information available about their SEND offer to parents/carers.
7. Safeguarding
WNC has overarching responsibility for safeguarding and promoting the welfare of all children and young
people in their area. They have a number of statutory functions under the 1989, 2004, 2016 Children Acts
which make this clear, and the ‘Working together to safeguard children’ 2018 guidance sets these out in
detail.
7.1 The Provider will ensure their employees are suitable for working with children, are recruited in line
with a Safe Recruitment policy, ensuring that all those involved in the appointment of staff have
undertaken safer recruitment training.
7.2 The Provider must follow the Safeguarding, EYFS and Ofsted guidance, and have clear safeguarding
policies and procedures in place that are in line with local guidance and procedures for responding to
and reporting suspected or actual abuse and neglect. A designated safeguarding lead must take
responsibility for safeguarding and all staff must have training to identify signs of abuse and neglect.
The Provider must have regard to ‘Working Together to safeguard Children’ 2018 guidance. In
addition, the Provider will:
Take all necessary steps to procure and obtain enhanced disclosures from the DBS and
subsequent registration with the update service in accordance with the Safeguarding Vulnerable
Groups Act 2006 and the safeguarding requirements before the Provider engages the potential
staff or persons in the provision
Forward to the Designated Officer, the results of the checks referred to in the above clauses,
where there is a conviction or other issue of concern to the Provider
Ensure that no person who discloses any convictions upon being questioned about their
convictions or who is found to have any convictions following receipt of enhanced disclosures
from the DBS or who fails to obtain enhanced disclosures from the DBS upon request by the
Provider is employed
Make a referral to the Disclosure and Barring Service where a member of staff is dismissed where
they have harmed a child or put a child at risk of harm
Make sure systems are in place for managing allegations made against adults working with
children
9 Ensure that the Designated Officer is kept advised at all times of any member of staff
who, subsequent to his/her commencement of employment as a member of the Provider’s
staff receives a conviction or whose previous convictions become known to the Provider
Identify a Deputy Designated Safeguarding Lead in the event of the Safeguarding Lead being
absent
Make sure that training is available to all staff with minimum 2 yearly updates in line with
Northamptonshire Local Children’s Safeguarding Partnership (NCSP) requirements
7.3 The Providers must upon request provide WNC with a copy of their safeguarding policy and ensure
that it is comprehensive, up to date and complies with all relevant legislation and codes of practice.
7.4 The Provider must keep an up to date Single Central Record (SCR) or Disclosure and Barring Service
(DBS) log for all staff/workforce, made available upon request.
7.5 Further to the requirements above, if the Provider fails to comply in hiring, employing or engaging
staff (including any volunteers) and fails to rectify this breach within the period of time specified by
WNC then WNC will be entitled to terminate this Agreement without notice.
Providers must make sure that children are kept safe.
If a professional has concerns about a child, they should follow the steps found on the website:
Northamptonshire Children’s Trust - Report a concern
8. Eligibility for 2, 3, and 4 year olds
8.1 The Provider must check original copies of documentation to confirm a child has reached the eligible
age and evidence of address information on initial registration for all funded entitlements. Section
One of the Parent/Carer Contract must be signed to confirm the required evidence has been seen
and checked. Acceptable documents are as follows:
Birth certificate – evidence of date of birth
Valid passport – evidence of date of birth
GP red book – evidence of date of birth
Utility bill – evidence of address
Bank statement – evidence of address
Driving Licence – evidence of address
8.2 It is the responsibility of the Provider to ensure the information received from the parent/carer is
accurate and sufficient to claim funded places. Any claim made where the information has not been
fully checked by the Provider and is deemed fraudulent/inaccurate will deem the claim invalid and an
invoice will be sent to the Provider to pay back those funds.
8.3 Eligibility criteria for children aged 2, 3 and 4 are detailed on the WNC’s website: Eligibility criteria
8.4 WNC must ensure that a child has a funded place no later than the beginning of the funding block
following the child becoming age eligible and the parent/carer meeting the eligibility criteria for the
funded entitlements. This is subject to availability and may not be a parent/carers chosen setting.
8.5 The Provider must ensure that each parent/carer signs and returns a ‘Parent/Carer Contract’ Form
(Appendix C). This form needs to be completed and signed at the beginning of each funding block by
the parent/carer for all children attending. It should be completed for all new children and where
information needs to be updated for existing children e.g. attending more than one Provider. The
completed form should then be retained by the setting for 2 years following a child’s leaving date for
audit purposes.
108.6 Childminders are unable to claim for any children they are related to either by blood or by marriage.
The Statutory duty states:
Early years provision is defined in section 20 of the 2006 Act as the provision of childcare.
“Childcare”, as defined in section 18 of the 2006 Act, specifically excludes care provided for a child
by a parent, step-parent, foster parent (or other relative) or by a person who fosters the child
privately or has parental responsibility for the child. Early years provision by a childminder (either
independently registered with Ofsted or registered with a childminder agency) for a related child
does not count as childcare in legal terms
Government funding cannot be claimed by, or spent on, childminders providing childcare for their
own child or a related child, even if they are claiming for other children. However, a local authority
can choose to fund the parent providing childcare for their child but this would have to be from
other local authority funds.
Eligible 2 Year Olds:
8.7 The Provider should offer places to eligible 2 year olds on the understanding that the child remains in
receipt of the funding until they become eligible for the Universal entitlement for 3 and 4 year old
children.
8.8 Newly funded 2 year places must have an eligible West Northamptonshire code.
8.9 The Provider must ensure that the child is eligible for a 2 year funded place by using the online
eligibility checking tool. 2 year codes must be validated within 6 weeks of the date that the
parent/carer received an eligible code. WNC will complete checks each funding block to ensure
eligibility is in place. Funding will be removed if the child is not eligible.
8.10 The Provider must explain to parents/carers that once the funding is granted it does not end until
the child becomes eligible for the Universal 3 and 4 year old funded entitlement.
8.11 WNC must ensure that a child has a funded place no later than the beginning of the funding block
following the child becoming age eligible and the parent/carer meeting the eligibility criteria for the
funded entitlements. This is subject to availability and may not be a parent/carers chosen setting.
8.12 In line with statutory guidance, only Providers who are judged as ‘Good’ or ‘Outstanding’, or are new
providers awaiting their first full Ofsted inspection, are able to provide funded places for eligible 2
year olds. WNC can assess a childcare sufficiency need and utilise a setting rated below ‘Good’ at the
parent/carer choice.
Universal Childcare for 3 and 4 Year Olds:
8.13 The Provider will offer places to all 3 and 4 year olds on the understanding that the child remains
eligible until they reach statutory school age. The funding will cease the funding block in which the
child turns 5 years old.
8.14 All 3 and 4-year-old children and eligible 2 year old children are entitled to up to 15 hours of Early
Education funding split into 3 funding blocks over 38 weeks of the year.
8.15 Eligible children who have already been admitted to primary school and are attending a maintained
school reception class will not be funded from Early Years but through Schools payment processes.
8.16 Eligible children attending an Independent/Private School are able to claim the Universal Funding
Entitlement until the start of term after the 5th birthday, providing all conditions of this Provider
Agreement are met.
Deferring or Delaying a School place
8.17 Deferred Admission to Reception.
11This is a statutory right for parents though they must inform the school to prevent the place being
withdrawn. Parents/carers can postpone from the child starting in Reception until the start of term
after the 5th birthday but only during their chronological Year Group e.g. an October-born child can
defer up to the start of the January term. A March-born child can defer up to the start of the January
or the start of the Easter term, as can an August-born child. They can start earlier, mid-term but
cannot defer beyond the start of the term after the 5th birthday. There is no need to reapply; the
school must keep the place for the child.
8.18 Delayed Admission to Reception.
This is not a right but parents of summer-born children can request that the child holds off starting in
Reception until the start of term after the 5th birthday: that is the September after the 5th birthday.
The admissions authority for the school must consider requests on a case by case basis, taking the
views of the head teacher into account. If agreed, the parent/carer must reapply in the next normal
round of admissions, alongside all other applicants.
Parents/carers of summer-born children can hold off admission to the following September but for a
Year 1 place, that is, staying in the child’s chronological year group. That would be an in-year
application from the summer half term of what would have been the child’s Reception year. Often,
the places in the year group will already have been filled at the normal round or during Reception.
Extended Childcare for Eligible 3 and 4 Year Olds
8.19 Where feasible the Provider will offer places to eligible 3 and 4 year olds from eligible households on
the understanding that eligibility will need to be re-checked every 3 months for the child to remain
eligible until they reach statutory school age. This is the funding block following a child’s 5th birthday.
8.20 Eligible children who have already been admitted to primary school and are attending a maintained
school reception class will not be funded from the Early Education and Childcare Service but through
Schools payment processes.
8.21 Eligible children attending an Independent/Private School are able to claim the Extended Funding
Entitlement until the start of term after the 5th birthday, providing all conditions of this Provider
Agreement are met.
8.22 Alongside the 30 hours’ eligibility code, which is the child’s unique 11-digit number, and original
copies of documentation, a Provider must acquire written consent from, or on behalf of, the
parent/carer to be able to receive confirmation and future notifications from WNC of the validity of
the parent/carers 30 hours’ eligibility code.
8.23 Once a Provider has received written consent from the parent, they should verify the 30 hours’
eligibility code with WNC using the portal.
8.24 WNC will provide a validity checking service to Providers to enable them to verify the 30 hours’
eligibility code. The Eligibility Checking Service (ECS) allows all local authorities to make instant checks
for code validity. The ECS in West Northamptonshire is via the Provider Portal.
8.25 Eligible 3 and 4 year old children are entitled to an additional 15 hours of Early Education funding split
into 3 funding blocks over 38 weeks of the year – the 30 Hours Extended Entitlement. West
Northamptonshire offer 4 funding models and any combination of these can be offered by the setting
8.26 WNC will complete audit checks to review the validity of eligibility codes for children who qualify for
30 hours funded childcare at 6 fixed points in the year, both at mid-funding block and at the end of a
funding block across the year (in line with the dates as listed at Table A below).
12Table A:
Date Parent receives ineligible LA audit date: Grace Period End date:
decision on reconfirmation:
1 Jan – 10 Feb 11 February 31 March
11 Feb – 31 March 1 April 31 August
1 April – 26 May 27 May 31 August
27 May – 31 August 1 September 31 December
1 September – 21 October 22 October 31 December
22 October – 31 December 1 January 31 March
9. The Grace Period for 30 hours Extended Entitlement
9.1 A child will enter the grace period when the child’s parent/carer cease to meet the eligibility criteria
set out in the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations
2016, as determined by HMRC or a First Tier Tribunal in the case of an appeal with HMRC.
9.2 WNC will be able to access information about whether a child has ceased to meet the eligibility
criteria and entered the grace period via the Eligibility Checking Service. The grace period end date
will automatically be applied to eligibility codes.
9.3 WNC should continue to fund an existing claim for a child who enters the grace period as set out in
the Early Education and Childcare Statutory guidance for Local Authorities June 2018. A new claim
cannot be made for a child who has entered the grace period.
9.4 The Provider Portal notifies a Provider where a parent/carer has fallen out of eligibility and informs
them of the grace period end date, following the audit check dates as set out in the table above.
10. Flexibility and Notice Period
10.1 Provision must be offered within the national parameters on flexibility as set out in Section A2 of
Early Education and Childcare Statutory guidance for Local Authorities – June 2018.
10.2 The Provider must work with WNC and share information with the Families Information Service (FIS)
about the times and periods at which they are able to offer funded entitlements to support WNC to
secure sufficient stretched and flexible places to meet parent/carer demand in West
Northamptonshire.
10.3 The Provider must make information about their offer and admissions criteria available to
parents/carers at the point the child first accesses provision at their setting.
10.4 The Provider must publish their admissions criteria and ensure parents/carers understand which
hours/sessions can be taken as a funded place.
10.5 The Provider must explain, in full, to parents/carers how they operate the funding model in line with
the WNC funding processes and procedures detailed on the Parent/Carer Contract (Appendix C).
10.6 Providers may allow parents/carers to stretch their child’s entitlement using the set funding model
by taking fewer hours a week over more weeks of the year. The Provider must follow all processes
for claiming funding and not over claim. WNC have the right to reduce the claim if providers have
made an error or over claim.
1310.7 Children receiving funded entitlement at multiple Providers: The entitlement can be delivered
through two Providers a day and funding will be apportioned accordingly. This needs to be added to
the Parent/Carer Contract form and arrangement reached with the other Provider.
10.8 The Provider must liaise with the parent/carer and any additional settings to ensure the funding
claim is accurate before it is made as per the details on the Parent/Carer Contract (Appendix C). Any
errors that need to be corrected by WNC will incur a charge (Appendix B).
10.9 The Provider agrees to discuss the funding model with parents/carers on an ongoing basis and to be
as responsive as possible to changing demand.
Notice Period:
10.10 When parents/carers choose to change their child’s funded place partway through a funding block,
the Provider is permitted to request that the parent/carer gives up to 4 weeks’ notice before
transferring places. This should be clearly written within the Provider’s own admissions
policy/criteria, agreed and signed by the parent/carer before the funded place commences.
However, this must be waivered where the parent/carer chooses to leave in the exceptional
circumstances listed below:
a safeguarding concern
a fleeing family
change in child’s primary carer
health and safety concerns i.e. child with long term sickness/child protection
de-registration of the Provider by Ofsted/ISI
10.11 A Provider cannot charge a parent/carer for leaving a place without notice unless the Parent has
signed and agreed to the admissions policy/criteria and this can be evidenced. WNC will not operate
as a mediator in cases of unfulfilled notice periods. This is the responsibility of the Provider.
11. Charging
11.1 The Provider must deliver the funded entitlements consistently so that all children accessing any of
the funded entitlements will receive the same quality and access to provision, regardless of whether
the parent/carer chooses to opt to pay for optional hours, services, meals or consumables.
11.2 Government funding is intended to cover the cost to deliver up to 15 or up to 30 hours a week of
high quality, flexible childcare in line with the funding model. It is not intended to cover the cost of
meals, consumables, additional hours or additional services.
11.3 The Provider must publish and fully explain their admissions criteria and charging policy ensuring
parents/carers understand which hours/sessions can be taken as funded provision and any
additional costs associated with the additional hours or services the parent/carer wish to include.
The Provider must be completely transparent about any additional charges. For example, any
supplementary fees must be clearly detailed to show the breakdown and description of the charge
to allow the parent/carer to make an informed decision.
11.4 The Provider cannot enforce charges for meals and snacks as part of a funded entitlement place.
Any charges for consumables such as: nappies or sun cream and for services such as, trips and
musical tuition a parent/carer should expect to pay for, however these charges MUST be voluntary
for the parent/carer.
11.5 Where parents/carers are unable or unwilling to pay for meals and consumables, Providers who
choose to offer the funded entitlements are responsible for setting their own policy on how to
respond, with options including waiving or reducing the cost of meals and snacks or allowing
14parents/carers to supply their own meals or consumables. Providers should be particularly mindful
of the impact of additional charges on the most disadvantaged parents/carers.
11.6 WNC will not intervene where parents/carers choose to purchase additional hours of provision or
additional services as this is a private agreement between the Provider and parent/carer, providing
that this does not affect the parent’s ability to take up their child’s funded place.
11.7 Funding in West Northamptonshire must be delivered without artificial breaks such as gaps in-
between sessions/lunch time hours which come at an additional cost. All children should be able to
access their funded hours as part of continuous provision.
11.8 Providers cannot charge parents/carers ‘Top Up’ fees (the difference between a Provider’s usual
fee and the funding they receive from WNC. Any such fees will be subject to possible removal of
delivering funded places as this is deemed a breach of the Statutory Duty.
11.9 All funded entitlements must be free at the point of delivery but Providers can charge for any
additional hours or services taken up by the parent/carer over and above the funded entitlements.
This cannot be a condition of receiving a funded place.
The following conditions will apply:
All invoicing/statements must clearly show that the funded hours have been delivered free of
charge (such invoices/statements to be provided either monthly or at the end of each funding
block)
The charges made to parents/carers for any additional services or additional hours of childcare
over and above the funded hours must be clearly explained and itemised on invoices
The Provider will also ensure that receipts contain their full details so that they can be identified
as coming from a specific Provider
11.10 WNC will carry out audits to ensure that Providers are delivering the relevant funded
entitlements free of charge as part of the Compliance Process (Appendix D).
11.11 The Provider can charge parents/carers a deposit to secure their child’s funded place but should
refund the deposit in full to parents/carers within one calendar month of the child taking up their
place.
11.12 The Provider cannot charge parents/carers an administration/registration fee or any particular
uniform cost as a condition of taking up their child’s funded place.
11.13 The Provider can ask parents/carers for voluntary contributions. Parents/carers should not be
made to feel that this is compulsory to receiving high quality childcare. Any reports into the Early
Education and Childcare Service of this nature will be fully investigated and actions taken which
will incur a charge.
12. Partnership working
12.1 WNC will promote Partnerships and will develop this on the following four levels:
WNC and Providers
Providers working with other Providers, including childminders, schools and organisations
Providers and parents/carers
WNC and parents/carers via the Families Information Service
12.2 WNC will promote partnership working between different types of Providers across all sectors and
encourage more Providers to offer flexible provision.
12.3 The Provider will work in partnership with parents/carers and must gain consent from
parents/carers to share information about a child should the Provider have a concern. Consent
should be recorded on the Parent/Carer Contract (Appendix C). Information to be shared relates to
15any safeguarding concerns, the Integrated Review for two-year olds and data for any children in
receipt of 2 year old and/or any supplementary funding. WNC expect the Provider to share this
information with the parent/carer, where appropriate.
The Provider will ensure that all parents/carers accessing their funded place, complete and
sign the Parent/Carer Contract which must be made available to WNC for audit purposes
The Parent/Carer Contract cannot be altered or adapted by the Provider in any way. The
Parent/Carer Contract is an WNC branded contract and will be Audited as part of the
Compliance and Audit Processes. If the Parent/Carer Contract is found to have been altered,
there will be a charge for being in breach of this Agreement.
The Provider must work in partnership with parents/carers and other Providers to improve
provision and outcomes for children. An interactive toolkit has been developed to help
Providers set up or join a partnership, maximise the benefits of working together and tackle
the challenges joint working can bring. 30 hour mixed model partnership toolkit
The Provider will discuss and work closely with parents/carers to agree how a child’s overall
care will work in practice when their funded entitlement is split across different Providers,
such as at a maintained setting and childminder, to ensure a smooth transition for the child
13. Special Educational Needs and Disabilities
13.1 Providers must make available to WNC their Inclusion policy upon request and must ensure that
they meet the needs of children with SEND. They must have regard to all of the relevant legislation
and guidance including Special Educational Needs and Disability code of practice 2015 and the
Equality Act 2010.
13.2 WNC must strategically plan support for children with special educational needs and/or disabilities
(SEND) to meet the needs of all children in their local area as per the Special Educational Needs and
Disability code of practice: 0 to 25 years (January 2015).
13.3 WNC must be clear and transparent about the support on offer in their area, through their Local
Offer so parents/carers and Providers can access support.
13.4 Providers should be clear and transparent about the SEND support on offer at their setting and
make information available to support parents/carers to choose the right setting for their child with
SEND. This information should be displayed clearly on the Families Information Service Directory
and linked into the Local Offer.
13.5 When providing funded places for children with low or emerging needs, the Provider will use the
notional SEND payment in the first instance to pay for additional costs. The Provider may apply for
additional High Needs Funding for those children with more complex needs as set out in the
guidance.
13.6 When providing funded places for 3-or 4-year olds, who are in receipt of Disability Living Allowance
(DLA), the Provider is eligible to access Disability Access Funding, DAF.
This is a one-off payment paid to a Provider on an annual basis (one payment per financial
year)
The payment can only be made to one Provider and cannot be split so where a child received
provision at more than one Provider the parent will need to decide which setting will receive
the DAF payment
Providers can use the funding to help with staffing costs, training, assessments and specialist
equipment
Providers will be expected to report progress of children accessing the DAF upon request
16 Providers will be expected to have evidence of expenditure for all DAF supplementary
funding for audit purposes
Providers must collect information from parents/carers about their eligibility for Disability
Living Allowance and therefore the Disability Access Fund (DAF) on the Parent/Carer Contract
(Appendix C)
If a child changes setting during the financial year, the DAF will remain with the original
setting
13.7 The Provider must ensure owners, governors, committee members and all staff members are aware
of their duties in relation to the SEND code of practice 2015 and the Equality Act 2010, ensuring that
staff have undertaken the relevant training and there is ongoing CPD opportunities available. WNC
will support this training via the annual training offer but it may be subject to a small cost.
14. Social Mobility and Disadvantage
14.1 WNC promotes equality and inclusion, particularly for disadvantaged families, looked after children
and children in need, by removing barriers of access to funded places and working with
parents/carers to give each child support to fulfil their potential.
14.2 The Provider must ensure that they have identified the disadvantaged children in their setting as
part of the process for checking Early Years Pupil Premium (EYPP) eligibility. They will also use EYPP
and any locally available funding streams or support to improve outcomes for this group. EYPP can
be applied for at the point of application via the Parent/Carer Contract (Appendix C).
14.3 The Provider will ensure that they obtain parent/carer data via the Parent/Carer Contract to enable
WNC to identify children eligible for disadvantage and deprivation supplements, including EYPP.
14.4 Providers will be expected to report progress of eligible children accessing the Deprivation Fund
each funding block upon request.
14.5 Providers will be expected to have evidence of impact and expenditure for all Deprivation and EYPP
supplementary funding.
15. Quality
15.1 Ofsted/ISI are the sole arbiter of quality for all Early Education and Childcare providers. Ofsted and
ISI have regard to the EYFS in carrying out inspections and report on the quality and standards of
provision.
15.2 The Early Years Foundation Stage (EYFS) statutory framework is mandatory for all settings that
provide early education and childcare provision and Ofsted/ISI-registered early years’ Providers in
England. The EYFS sets the standards that all early education and childcare Providers must meet to
ensure that children from birth to 5 years old learn and develop well and are kept healthy and safe.
15.3 WNC’s legal duty is to provide information, advice and training to those who are rated less than
‘Good’ by Ofsted or newly registered Providers on meeting the requirements of the:
EYFS
Meeting the needs of children with SEND
Effective safeguarding and child protection for all Providers
The Provider can access the Early Education and Childcare Training, Advisory service, SEND support
services, and/or NSCP upon request. This may be subject to a small charge.
15.4 WNC will use reasonable endeavours to work with Providers who are rated by Ofsted as
‘Inadequate’ or ‘Requires Improvement’ to support them to implement an action plan to improve
the Provider’s Ofsted rating with a view to avoiding the need to transfer children to other Providers.
1715.5 Providers are not permitted to audio record or film, excluding permanent CCTV equipment that is
installed as part of the premises, any of the Early Education and Childcare staff whilst on the
premises, attending training, meetings or support conversations.
15.6 Provision must be offered in accordance with the national parameters on quality as set out in
Section A3 of Early Education and Childcare Statutory Guidance for Local Authorities and the EYFS
Statutory Framework.
15.7 The Provider agrees to support quality improvements by agreeing to:
Implement and meet all the statutory legal requirements of the EYFS Statutory Framework
Implement updated policy requirements as required by Ofsted to ensure compliance with
Ofsted’s registration
15.8 All Providers, regardless of the age of children, must work towards achieving a minimum Ofsted
grade of ‘Good’. Providers shall actively engage with WNC at all times with a view to achieving an
Ofsted grade of ‘Good’ or ‘Outstanding’. Providers achieving less than a ‘Good’ Ofsted inspection
grade will be required to improve and reach a ‘Good’ standard within the timescales agreed with or
stipulated by Ofsted.
16. Funding
16.1 The funded entitlement will be used by the Provider to offset expenditure incurred in delivering the
Service and reviewed from year to year.
16.2 WNC will only fund the 2-year-old entitlement to a Provider preferred by the parent/carer and
judged ‘Good’ or ‘Outstanding’ or awaiting their first full inspection by Ofsted. If there is a
sufficiency need in the area a parent/carer lives, a setting with a ‘Requires
Improvement/‘Satisfactory’ Ofsted grade will be considered. This will be decided on a case by case
basis by the Early Education and Childcare Service Manager.
16.3 WNC must fund the provision of the 3 and 4 year olds entitlements (universal and extended) to a
Provider preferred by the parent/carer and judged ‘Not Yet Inspected’, ‘Met’, ‘Satisfactory’,
‘Requires Improvement’, ‘Good’ or ‘Outstanding’ by Ofsted/ISI. Providers rated ‘Inadequate’ are not
able to access the funded entitlements.
16.4 Providers that do not submit a claim for Early Education and Childcare funding for a period of three
consecutive funding blocks or more, will be required to re-register to deliver funded hours.
16.5 Funding in West Northamptonshire must be delivered without Artificial breaks such as: gaps in-
between sessions/lunch time hours which incur an additional cost. All children attending a West
Northamptonshire Early Education and Childcare Provider must be able to access their funded hours
as part of continuous provision.
16.6 The Department for Education (DfE) calculates each local authority’s rate using the annually
submitted census data and WNC passports at least 95% to the sector. The local funding rate is set
each financial year by WNC in collaboration with the sector and Schools Forum using a locally-
determined, transparent national funding formula.
16.7 It is therefore acknowledged and agreed by the Provider that the funding rates set out may be
subject to change during the funding block (funding blocks being defined in Early education and
Childcare Statutory Duty for local authorities – June 2018) and that WNC will promptly notify the
Provider of any changes to the rates in such situation.
16.8 WNC will not increase the amount of the funded payments in the event of any overspend by the
Provider in its delivery of the provision.
1817.Payments
17.1 Payments are made on a monthly basis following Headcount submission returns. Payment date is
the 25th of each month unless this falls on a weekend where payment will be made the working day
before. Failure to submit monthly headcount data will result in no funding and a possible charge for
payment outside of the usual payment run.
17.2 It is the responsibility of the Provider to ensure all relevant financial requirements are adhered to
and up to date. This includes the submission of accounts and business rates.
17.3 The funded entitlement payments will be paid into the main business bank account of the
Registered business name. The Provider must satisfy WNC that robust and secure financial policies,
procedures, accounting systems and practices are in place that meet Legal Requirements and
Guidance, and Providers must maintain an appropriate audit trail of all transactions and ensure that
funded payments are used solely for the purpose of delivering funded places.
17.4 The Provider will not transfer any part of the funded payments to bank accounts which are not
ordinary business accounts within the clearing bank system, without the prior written consent from
WNC with a valid rationale.
17.5 The Provider will promptly repay WNC any money incorrectly paid to the provider either as a result
of an administrative error or otherwise. This includes (without limitation) situations where either an
incorrect sum of money has been paid or where funding has been paid in error before all conditions
attaching to the entitlements have been complied with by the Provider.
17.6 Settings who close permanently and owe WNC public funding will be invoiced and given 30 days to
make the payment due. If the amount cannot be paid within this 30-day period, a payment plan can
be agreed with WNC Debt Recovery. If the payment plan is breached, this will be escalated through
a Debt Recovery Agency.
17.7 Further to the clause above, WNC will be entitled in its discretion to:
request the immediate return of such sums; or
withhold an amount equal to such sums from any future payments until the sum has been repaid
in full; or
deduct from any future payment an amount equal to such sums
18. Movement
18. 1 WNC will fund a child moving from another borough only when clearance is sought from the other
local authority and funding already claimed has been taken into account.
18.2 WNC requires a period of 4 weeks’ notice period when a child is leaving a Provider within West
Northamptonshire and will therefore continue to fund a place for 4 weeks’ post receiving written
notification from the setting.
18.3 Should the child start at the new provision before the notice period ends this will not be funded by
WNC, unless in exceptional circumstances, such as: safeguarding, following a rating of an Ofsted
rating of ‘Inadequate’ or breakdown in relationship between Provider and parent/carer. Prior
agreement is required from WNC.
18.4 It is the responsibility of the Provider to discuss the funding with the new/old Provider to determine
funding remaining to be claimed. It is the responsibility of the original Provider to ‘end date’ and
amend/reduce their current funding claim for the child to enable the new setting to submit their
claim. Failure to add in ‘end dates’ removes the amount of funding available and will incur a charge
to be resolved.
1919. Absent Children
WNC believes good habits regarding attendance developed in the early years are important in
promoting future school attendance, wellbeing and safeguarding.
19.1 Providers must have written arrangements in place with parents/carers, as to their absence policies
including following up with parents/carers, in order to confirm the reasons for unexplained absences
and ensure safeguarding. Long Term Absences for funded children are as follows:
Maximum of 10 working days’ single absence
Maximum of 30 working days’ absence in a child’s funding year (excluding bank holidays
and religious/cultural festivals)
Long term sickness is not included as an absence as long as it meets the criteria set out by
Public Health Agency and the Sickness policy of the setting where the child attends
Absences will be monitored through Early Education and Childcare Advisor and Business
Compliance and Funding Support Officer setting visits
Any absences that fall outside of the above criteria would be chargeable to the parent/carer
19.2 Temporary Setting Closure.
If an Early Education and Childcare Provider is forced to close, WNC will fund that setting for up to 1
week, 5 working days and this should be claimed on the Monthly Headcount Return as normal.
If an Early Education and Childcare Provider is to be closed longer a week, the Provider should
contact their insurance in the first instance.
Children who attend the setting can use their funding at another provider if required after the 1
week, 5 days’ closure and WNC will honour this claim.
For an Early Education and Childcare Provider who has been forced to close by an external body
such as Public Health, this needs to be written in a detailed report to
eecfunding.ncc@westnorthants.gov.uk where the situation will be discussed and options put in
place to support that Provider.
Possible reasons for forced closure: This list is not exhaustive and any reason for forced closure can
be discussed with the service.
Flood at the setting
Fire at the setting
Pandemic where Public Health and the Government issue UK wide Guidance
Adverse weather has damaged the setting
Chemicals found in the setting premises
Asbestos
20. Reporting
20.1 WNC reports annually to the DfE regarding take up of the funded entitlements in the January
Headcount and Census mandatory submission. This forms the WNC invoice to the Department for
Education. Failure to complete the Annual Census Return will result in removal from the Families
Information Service Directory and eligibility to offer funded places.
20.2 WNC will clearly set out the documentation that they need to receive from Providers to support
payment and delivery of funded entitlements and the timetable which Providers should follow
when submitting their documentation, this includes setting out the importance of timely and
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