Change description : 2026-02-09 09:00:00: The statutory guidance has been updated to provide updated on Ofsted inspections and quality, flexibility, compliance and charging. [Guidance and regulation]
TheLocal currentauthorities guidanceshould appliestake account of ‘Early education and childcare (valid until 31 March 2025.2026)’ Theuntil newthe guidancevalidity isend effectivedate.
Local authorities should take account of ‘Early education and childcare (valid from 1 April 2025.2026)’ from the validity start date. The exception to this are the references to Ofsted inspection changes in Section A3 (Quality) and paragraphs A4.15 to A4.21 and D.2 and D.3, which apply from 9 February 2026.
This guidance is for local authorities. It relates to their duties under section 2 of the Childcare Act 2016 and sections 6, 7, 7A, 9A, 12 and 13 of the Childcare Act 2006.
It contains information on:
free childcare entitlements for 2-, 3- and 4-year olds
StatutoryThe statutory guidance sets out what schoolslocal authorities must do according to legislation and localwhat they should do to fulfil their statutory responsibilities. Local authorities must dohave regard to complythis withguidance thewhen law.seeking Youto discharge those duties and they should follownot thedepart guidancefrom it unless youthey have a good reason not to.
Local authorities can use the ‘Chargeable extras: template’ to help providers give information on their websites about the:
costs for all chargeable extras
pattern of hours that parents can take the entitlements
ThisWhile shouldproviders may wish to note this guidance, their responsibilities will be usedset alongsideout thein ‘Earlytheir educationlocal andarrangement childcarethat (effectivethey fromhave 1with Apriltheir 2025)’local guidance.
Added 'Chargeable extras: template'. This should be used alongside the 'Early education and childcare (effective from 1 April 2025)' guidance.
21 February 2025
We have updated the statutory guidance for April 2025. In the charging section, our changes reaffirm that the 15 or 30 hours entitlements must be accessible free of charge to parents. They also reaffirm that there must not be any mandatory charges for parents in relation to the free hours. Our updates also reflect changes to Ofsted inspection judgements for state schools inspected after 2 September 2024. We have also clarified the eligibility criteria for 2 year olds, for both entitlements.
1 January 2024
Updated with new statutory guidance which applies from 1 April 2024.
12 April 2023
Updated guidance for local authorities making decisions on funding providers registered at an ‘ineffective' childminder agency to deliver the free early education and childcare entitlements. Changes are included in para A3.13.
11 February 2019
Removed outdated guidance documents.
21 June 2018
Added new guidance for 1 September 2018.
21 March 2018
Replaced 'Early education and childcare: valid from 1 September 2017' with an updated version.
16 February 2018
Updated Part E: legal annex about free early education entitlement for two-year-olds under Universal Credit. The legislation comes into force on 1 April 2018.
3 March 2017
Added a new version of the statutory guidance that will be valid from 1 September 2017.