Expansion of Early Learning and Childcare – Reinstatement of 1140 statutory duty - Business and Regulatory Impact Assessment (BRIA)

2. Consultation

Within Government

2.1 As highlighted above the Scottish Government has worked closely with local authorities, in particular through the ELC Joint Delivery Board, to inform the decision to reinstate the 1140 hours statutory duty.

2.2 Throughout the development of the policy to expand ELC entitlement to 1140 hours, the decision to delay and the timing of a new date for implementation, the Scottish Government's Early Learning and Childcare Directorate has engaged with colleagues across the Scottish Government, including:

• Directorate for Children and Families
• Directorate for Learning
• Directorate for Economic Policy and Capability
• Directorate for Housing and Social Justice
• Directorate for Local Government and Communities
• Directorate for Fair Work, Employability and Skills

2.3 Officials have also engaged with Education Scotland, the Scottish Social Services Council and the Care Inspectorate throughout the policy development process to ensure the expanded ELC entitlement is of a high quality.

Public Consultation

2.4 The expansion to 1140 hours, and the development of the supporting policy framework was informed by a number of extensive public consultations. More information is set out in the June 2019 Business and Regulatory Impact Assessment^[11] which was produced to support the introduction of the Children and Young People (Scotland) Act 2014 (Modification) (No.1) Order 2019 and the Children and Young People (Scotland) Act 2014 (Modification) (No.2) Order 2019.

2.5 More recently over the period 19-24 June 2020, the Scottish Government undertook a survey of childcare providers to better understand the potential impacts of the reopening public health guidance for childcare services. This was intended to focus mainly on the impact of the reopening guidance for day care of children settings that was published on 15 June 2020, but replies were also received from some childminders regarding the impacts of the specific guidance for childminding settings (which was published on 1 June 2020).

2.6 The guidance documents at the time of the survey placed more restrictions on regulated childcare services compared to the most recent public health guidance (effective from 2 November 2020).

2.7 The survey included questions regarding expected changes in staffing, costs, capacity and private income generation.

2.8 The survey results formed an important part of the evidence base used to determine where additional support for providers may be required to meet the requirements of the public health guidance (in particular, the creation of the Transitional Support Fund for day care of children providers).

2.9 There were 651 responses to the survey with 430 from private and third sector day care of children providers and 221 from childminders.

2.10 The Scottish Government prepared the survey in collaboration with the Scottish Early Years member organisations: Care and Learning Alliance (CALA); Early Years Scotland (EYS); National Day Nurseries Association (NDNA); Scottish Childminding Association (SCMA); and Scottish Out of School Care Network (SOSCN).

2.11 These member organisations have been working closely with the Scottish Government and COSLA through the ELC and Childcare Sector Recovery Group to look closely at the financial sustainability of the sector throughout the pandemic response, and to inform guidance for the sector.

Business

2.12 In addition to the June 2020 survey of childcare providers, the Scottish Government has continued to engage with childcare provider representative bodies (both individually and through the ELC and Childcare Sector Recovery Working Group)^[12] and childcare providers.

2.13 This has included receiving comments and input from these groups and a small number of providers, on drafts of the various public health guidance documents for the sector. This feedback has focussed in particular on the importance of making sure that the guidance documents are clear and in helping to understand key practical constraints and challenges for providers resulting from the guidance.

2.14 The Scottish Government will continue to engage with the representative bodies and, where possible, providers, on any further updates to the guidance documents.