The Scottish Government Response To 'A Scotland for Children: A Consultation on a Children and Young People Bill'

Early Learning and Childcare

The consultation proposed increasing the flexibility and amount of funded early learning and childcare by including provisions in the Bill which would require local authorities to:

• Secure a minimum provision of 600 hours per annum early learning and childcare for 3 and 4 year olds;
• Offer a range of uptake options to parents - these could include options such as compressed hours over 2 or 3 days, hours outwith term times, or longer sessions of early learning and childcare;
• Consult locally on the needs of parents and demand for places; and
• Provide a minimum provision of 600 hours per annum of early learning and childcare for looked after 2 year olds, including joint work with parents or carers where appropriate.

The consultation stated it would be important that local authorities consult locally on the needs of parents and local demand, but it would also be important for parents to be offered a range of agreed options so they are guaranteed consistency across Scotland. It offered examples of the ways this expanded provision could be delivered more flexibly.

What You Said

76% of respondents agreed that the Scottish Government should increase the number of hours of funded early learning and childcare. The reasons for supporting the proposals were wide ranging, including a feeling it would: provide for better outcomes and benefits to the child, especially vulnerable children; support gender equality, giving women more choice over returning to work; bring benefits to the economy; and provide an opportunity to integrate early learning and childcare.

Whilst providing support for the proposals, many respondents also identified operational, resourcing and other practical issues they felt would need to be resolved to enable implementation of the proposals. These included a strong belief that the scheme would need to be adequately funded; that there would be implications for workforce planning; that the proposals would have implications for staff training; and that there would be a need to maintain quality of provision.

83% of respondents agreed with the proposal that the Scottish Government should increase the flexibility of delivery of early learning and childcare. The benefits of this were focussed largely round the increased flexibility for families and the increased opportunity for employment, education and training. Other benefits included: a feeling that the proposals promoted seamless services for children; were particularly good for disabled children and/or those with additional support needs; and promoted equality and social integration within communities. Again, logistical, structural and resource challenges were identified as potential barriers to this proposal; along with concerns that the focus on childcare would be at the expense of learning, which could be diluted.

However, there was not a consensus on how to deliver this flexibility. In response to the question of whether all local authorities should be required to offer the same range of options, 40% agreed (mostly individuals and third sector organisations) but 46% disagreed, including the vast majority of local authorities and other key stakeholders. In general there were concerns about the resource, logistical and operational implications of the requirement to introduce more flexibility within the ambitious timescales proposed.

The main argument in favour of supporting the same range of options across local authorities was that it would achieve fairness and consistency, especially across local authority boundaries. The main arguments against were that local authorities were already starting from a wide range of variable provision and should be able to design services depending on local needs and circumstances. A common theme was that service provision in rural areas would necessarily differ from that in urban areas. Some felt that: offering the same range of options would be unworkable/impractical; offering the same ranges of options could stifle innovation and flexibility; and that it was more important to achieve equality of outcomes through local needs-led provision.

Both those in favour and against thought that local authorities could work within a broad framework of core options with scope to tailor to meet local needs.

On the question of how to manage cross boundary placements, 40% of respondents felt that these should be managed through legislation, 52% through guidance and 7% supported neither.

Finally, in relation to provision for 2 year olds who are looked after, 75% of respondents agreed that there should be this additional priority. Many felt that this should also apply to all vulnerable 2 year olds, including those already in kinship care, those living in poverty, and those with additional support needs. There were also comments in relation to balancing parenting input and supporting joint work with parents or carers where appropriate; and supporting individualised and flexible approaches such as: provision within a home environment; not assuming group care as most suitable; and making sure this provision does not add to the number of transitions of services.

The Scottish Government Response

The Bill will include provisions that require local authorities to provide a minimum of 600 hours of free early learning and childcare to 3 and 4 year olds, looked after 2 year olds and 2 year olds subject to a kinship care order.

Scottish Government officials have worked closely with stakeholders to determine a common framework and more favourable approach that meets the policy intention for provision to be more tailored to local needs. It is key that: quality of provision is paramount; flexibility is increased in response to local needs and circumstances; and local authorities have the flexibility and creativity to implement flexibility and choices in response to those locally identified needs.

The Bill will therefore include a duty to consult with locally representative populations of parents of children under school age every 2 years to identify what patterns of hours best suit parental early learning and childcare needs. The Bill will also include a requirement for local authorities to respond to those views through published local plans or strategies. This means that provision will be more tailored to local needs and will take into account local differences, such as whether the area is rural or urban. Increased flexibility and provision of options and choices for parents will be delivered increasingly over time, and through transparent locally published plans and ongoing dialogue with parents.

In response to the additional priority for looked after 2 year olds, any 2 year old who is, or at any point since his or her 2^nd birthday has been, looked after will be entitled to a minimum of 600 hours early learning and childcare up to when they become universally entitled as 3 year olds. This scope will also be widened to include those 2 year olds who are, or at any point since their 2^nd birthday have been, cared for by kinship carers in receipt of a kinship care order. This also takes into account the responses to the kinship care proposals, which will now focus on the provision of additional support for kinship carers who have obtained a kinship care order; and, who are caring for a child who meets the eligibility test, to be set out in secondary legislation. Taken together, the measures are intended to be a positive incentive for kinship carers and their families to assert themselves in the solutions to the issues they face, which if left unchecked could lead to a child becoming - or remaining - looked after; as well as providing additional early learning and childcare consistently for those most vulnerable 2 year olds, with the minimum of transitions.

In response to concerns about different and more individualised approaches to those 2 year olds who are looked after, the proposals will allow for flexibility of hours and provision, including work with parents or carers and work in the home or other settings where this is in the best interest of the child. The default will be for a minimum of 600 hours early learning and childcare. Where this would not be in the best interest of the child, the assessment of need, and identification of alternative regular provision will require to be set out in the Child's Plan.

The issue of cross-border placements will be addressed through guidance which will be developed in partnership with key stakeholders.

The particular issues raised about the need for adequate funding will be addressed through the Financial Memorandum which is being introduced alongside the Bill. The Financial Memorandum will consider the costs and savings associated with each Bill provision. It is being developed in partnership with a wide range of stakeholders.