Early learning and childcare: statutory guidance - July 2021

Charges for additional early learning and childcare

88. Under section 1(1C) of the 1980 Act, education authorities have discretionary powers to provide early learning and childcare beyond the statutory funded early learning and childcare entitlement requirements under section 1(1) and (1A) of the 1980 Act and section 47(1) of the 2014 Act (i.e. the funded early learning and childcare entitlement). This can enable education authorities to prioritise certain children who would benefit most from such provision.

89. Education authorities are also, under section 33(2) of the 2000 Act, empowered to charge fees for such discretionary early learning and childcare. The provision of discretionary early learning and childcare, through fees subsidised or otherwise, can provide additional flexibility. Any education authority fees for parents for discretionary early learning and childcare should be transparent.

90. Where education authorities charge for discretionary early learning and childcare, as part of their overall approach to setting charges for discretionary services, it is expected that they give appropriate consideration to the potential impacts on the competitiveness and business sustainability of other providers offering the funded early learning and childcare entitlement.