Early learning and childcare: statutory guidance - July 2021

Day care for pre-school under section 27 of the 1995 Act

203. Under section 27 of the 1995 Act, there is a duty on education authorities to provide any form of care, whether or not on a regular basis for children in need who are under 5 and who are not in school, and discretion to provide any form of care to those who are not in need^[38].

204. Education authorities must also consult with persons who appear to be representative of parents of children under 5 who are not in school who are in need and those who are not in need within their area about how they should make care available under section 27 of the 1995 Act. This consultation must be carried out at least once every 2 years. Education authorities must have regard to the views expressed in the consultation and must prepare and publish a plan setting out how they intend to provide day care for children under 5 who are not in school and in need, and their plans in relation to the provision of day care for those who are not in need.