Delivery of Free Early Education and Care for two

Transcription

Delivery of Free Early
Education and Care
for two, three and four year olds
A Guide for Private, Voluntary
and Independent Providers
March 2016
Contents
Page
1. Introduction
4
2. The Kirklees List of Approved Early Education and Care
Providers
5
-
Quality of provision
Joining the Kirklees list of Approved Providers for two, three and
four year olds
The Council’s responsibilities for maintaining the list of approved
Providers
When Providers change their circumstances
Removal from the Kirklees list of Approved Providers
Re-inclusion of Providers removed from the Kirklees list of
Approved Providers
Decisions
Appeals
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7
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8
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3. Conditions of Funding
9
4. Children’s Eligibility
11
-
The free entitlement
When are Children eligible?
When can the free entitlement be accessed?
Early Years Pupil Premium
Two year old entitlement
5. Procedures for Claiming Funding
-
The Provider Portal
The annual Early Years Census
Estimate [interim] payments
Starting new Children
Headcount Day
Children leaving during the term
Duplicate claims
Very exceptional circumstances
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11
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12
13
15
15
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16
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17
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18
18
1
-
Application process for funding where very exceptional circumstances
apply
Claims for Children who do not have a place at any other provision
Deadline for children starting after Headcount Day and applications to
transfer a FEEC place
Stretching the entitlement
Stretching: Closure dates and validation
Stretching: Changes to attendance days or Children starting later in
term
Limitations of stretching
Supporting parents to understand stretch
Stretching: Moving to another Provider or School
Parent Agreement
Completing the Parent Agreement
Completing the Parent Agreement for Children stretching
Changing the Parent Agreement
Ending the Parent Agreement
Submitting the termly funding claim [Headcount]
Updating the termly funding claim [Headcount]
Termly funding confirmation form
Changes to the termly funding claim [Headcount]
Late claims
Neighbouring Local Authority arrangements
Children with special educational needs [SEN] and disabilities
6. Funding and Invoicing
-
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25
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Estimated annual budget statement
How funding is calculated
Funding rates
Reconciliation of funding
Invoicing
7. Administrative Requirements
-
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19
31
31
32
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35
Attendance monitoring
Non-attendance [reason for absence unknown]
Reduced attendance
Evidence of monitoring attendance
Extended holidays
Illness
Unforeseen closures
Action to be taken by the Provider
Planned closures
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35
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Data Protection Act 1998: Privacy notice
Obtaining the Privacy Notice
Issuing the Privacy Notice
Audit
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38
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Appendices
A.
B.
C.
D.
E.
F.
G.
H.
I.
Parent Agreement
Ethnicity and special educational needs codes
Termly checklist
The Kirklees Agreement
Register requirements
Eligibility chart
Calendar [key dates; headcount, deadlines, payments, term dates]
Governance structure for free early education and care funding
Documents are available to download at: www.kirklees.gov.uk/childcareproviders
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Section 1
Introduction
The Childcare Act of 2006 [the “2006 Act”] placed a number of new duties on Local Authorities
and made the term ‘Childcare’ inclusive of education for Children under compulsory School age.
Section 7 of the 2006 Act requires Local Authorities [LAs] to secure sufficient free Early Years
provision for eligible two, three and four year olds.
On 8 September 2014 the Early Education and Childcare: Statutory guidance for Local Authorities
[“Statutory Guidance”] came into force.
The terms and conditions outlined in this Guide and the Kirklees Agreement are reviewed
annually in consultation with the Free Early Education and Care Working Group. Details of the
group’s membership and governance are shown in appendix I.
Two year old entitlement
The two year old entitlement to 15 hours became statutory on 1 September 2013. From 1
September 2014 the criteria extended to 40% of the two year old population nationally. In
Kirklees there are estimated to be 2,600 eligible two year olds which is nearly 50% of the Kirklees
two year old population.
Learning Service Officers have been working with high quality early learning and Childcare
Providers including some Schools, to ensure there are sufficient places for all eligible Children.
Requirements and guidance which only relates to the two year old entitlement is highlighted in
blue throughout the document.
Academies
This Guide shall apply to an Academy under the Academies Act 2010, if pupil data is not provided
to the Council’s School Data Quality Team in accordance with the FEEC Maintained Guide
[Section 5, paragraph 43].
Throughout this document references to Providers also apply to Academies; all references
relating to Academies only, are highlighted in red. [Note: Section 3 of this Guide does not apply to
Academies; Section 3 of the FEEC Maintained Guide applies instead].
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Section 2
The Kirklees List of Approved Early Education and
Care Providers
The free entitlement is delivered by Providers in the private, voluntary and independent sectors
as well as Providers maintained by the Local Authority. Private and voluntary Providers must be
registered with Ofsted; Academies, Free Schools, Independent and LA maintained Schools must
be registered with the Department for Education [DfE] and all Providers must be registered with
Kirklees Council to be included in the Kirklees list of Approved Providers.
Private, voluntary and independent Providers include:
• Private Day Nurseries
• Playgroups and Pre-Schools
• Nursery units of Independent Schools
• Nursery units of Free Schools
• Nursery units of Academies
• Childminders
Local authority Providers include:
• Nursery and early years units within a
maintained School
• Maintained Nursery Schools
• Day Nurseries
Note for Childminders: Early Years provision is defined in section 20 of the 2006 Act as the
provision of Childcare. “Childcare”, as defined in section 18 of the 2006 Act, specifically excludes
care provided for a Child by a parent, step-parent, foster parent [or other relative] or by a person
who fosters the Child privately or has parental responsibility for the Child.
Early Years provision by a Childminder [either independently registered with Ofsted or registered
with a Childminder agency] by the Childminder [for a related Child] does not count as Childcare
in legal terms. Early education funding cannot be claimed by, or spent on, Childminders providing
Childcare for their own Child or a related Child, even if they are claiming for other Children.
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Quality of provision
Local Authorities are required to fund early education and Childcare provision purely on the basis
of their Ofsted Judgement as follows:
Two year olds
•
•
Three and four year
olds
•
Providers judged Good and Outstanding by Ofsted.
Where there are not sufficient places Requires Improvement
Providers will be considered.
Providers judged Requires Improvement, Good and
Outstanding by Ofsted.
Over time, the government have indicated that they would like to move towards funding only Good
and Outstanding Providers for Free Early Education and Care.
Joining the Kirklees list of Approved Providers for two, three and four
year olds
1.
Once a Provider has registered with Ofsted they may join the Kirklees list of Approved
Providers for two, three and four year olds.
2.
Providers must agree to the terms and conditions outlined in this Guide, the Kirklees
Parent Agreement and the Kirklees Agreement.
The Council’s responsibilities for maintaining the Kirklees list of
Approved Providers
3.
In maintaining the Kirklees list of Approved Providers, the Council will;
•
provide details of Providers offering free early education and care places to
parents;
•
provide support and guidance to ensure Providers meet their responsibilities of the
conditions outlined in this Guide, the Parent Agreement and the Kirklees
Agreement;
•
provide support and guidance to Providers on delivering a more flexible free
entitlement;
•
keep Providers updated on changes to legislation, guidance, procedures and
processes.
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When Providers change their circumstances
4.
Providers must inform the Council whenever there is a change in circumstances, these
include:
•
a change of ownership, committee, manager or premises;
•
change to the name or address of the contact responsible for free early education
and care funding administration;
•
change of bank details.
5.
If a change means the Provider has become a new Provider they will need to reregister with Ofsted and the Council.
6.
If a change means the Provider is no longer eligible to receive funding, the Provider will
be removed from the Kirklees list of Approved Providers. Any funding already paid
during the term may have to be repaid if evidence confirms the Provider was not
eligible during that period.
Removal from the Kirklees list of Approved Providers
7.
The Council will, subject to paragraph 8, remove Providers from the Kirklees list of
Approved Providers if a Provider fails to meet the terms and conditions outlined in this
Guide and the Kirklees Agreement.
8.
The Council will first inform a Provider of any breach of their agreement capable of
remedy, allowing the Provider to rectify the breach within a specified timescale.
9.
If the Provider does not rectify the breach or breaches within a reasonable period
stipulated in writing by the Council the Provider will be given 10 Provider Working Days 1
written notice of removal from the Kirklees list of Approved Provider and thereafter
free early education and care funding to the Provider will cease.
10. Providers who receive an Inadequate Ofsted judgement are at risk of being removed
from the Kirklees list of Approved Provider for two, three and four year olds with
immediate effect. Consequently free early education and care funding will cease where
Children leave the provision as a result of the Inadequate judgement and funding for
new Children will not be provided.
11. Providers who receive a Requires Improvement Ofsted judgement are at risk of being
removed from the Kirklees list of Approved Providers for two year olds with immediate
effect. Consequently free early education and care funding for new two year old
Children will not be provided unless the Council considers there to be a sufficiency
need in the area.
12. The Council reserves the right to inform parents accessing their free early education
and care at the Provider of the removal from the Approved Provider list[s].
1
Provider Working Days is defined in the Kirklees Agreement and the Parent Agreement, and essentially means the days when the Provider is
usually open for business.
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13. The Council reserves the right to adjust or withhold any payments due to the Provider
following an Inadequate Ofsted judgement or where there is a risk of insolvency. If an
overpayment occurs the Council will issue an invoice.
Re-inclusion of Providers removed from the list
14. Any Provider which has been removed from the list may be re-admitted if the grounds
for removal are no longer applicable. It is the Provider’s responsibility to contact the
Council to request re-inclusion with the exception of paragraph 15 below.
15. Where the removal was due to a Requires Improvement Ofsted judgement which has
since improved to a Good or Outstanding Ofsted judgement the Council will
automatically re-admit the Provider onto the Kirklees list of Approved Providers for two
year olds.
Decisions
16. Decisions regarding removal from the Kirklees list of Approved Providers will be
considered by the Early Learning and Childcare Management Group. [Refer to the
Governance Structure for Free Early Education and Care Funding – Appendix I].
Appeals
17. Any Provider who has been given notice to remove them from the Kirklees list of
Approved Providers may appeal within 5 Provider Working Days by writing to:
Assistant Director for Learning and Skills, Directorate for Children and Young People’s
Service, Civic Centre 1, High Street, Huddersfield, HD1 2NF.
18. The appeal hearing will be convened to examine all the evidence in the appeal papers
supplied by the Council and the Provider. The Provider will be invited to attend if they
wish to do so and will be informed of the decision in writing within 5 Provider Working
Days of the appeal hearing.
19. In the event the Provider is not satisfied with their treatment under this appeals
procedure they are entitled to make a complaint to the Local Authority Ombudsman.
20. There can be no appeal if the removal is due to a change in Ofsted judgement.
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Section 3
Conditions of Funding
[Note: this Section does not apply to Academies; Section 3 of the FEEC Maintained Guide applies
instead]. Providers must meet all the conditions, in order to be included in the Kirklees List of
Approved Providers. These are set out below. Providers must;
1.
have a valid Ofsted registration certificate;
2.
meet the requirements of the Early Years Foundation Stage [EYFS] Framework;
3.
ensure continuous quality improvement of their provision in line with the Challenge
and Support Strategy;
4.
meet the needs of disabled Children and Children with special educational needs in
accordance with the Children and Families Act 2014;
5.
meet the independent School standard in relation to the spiritual, moral, social and
cultural development of pupils;
6.
actively promote fundamental British values of democracy, the rule of law, individual
liberty and mutual respect and tolerance of those with different faiths and beliefs;
7.
not promote as fact views or theories which are contrary to established scientific or
historical evidence and explanations;
8.
complete and submit all free early education and care funding claims and data
collection returns to the Council within the specified timescales, using the online
Provider Portal;
9.
inform the Council of any significant changes to the Provider details, such as change of
ownership, responsible contacts, opening hours and any other relevant information;
10.
complete and submit the annual Early Years Census to the Council in accordance with
the requirements set by the DfE 2;
11.
keep all free early education and care funding records for seven financial years 3 [the
current year and six previous years] with the exception of copies of Child identification
which must be kept for a minimum of two years;
12.
inform the Council of any permanent change to a funded Child’s attendance and
submit a ‘Notification of a Child Leaving a Funded Place form’ if a Child leaves during a
funded period.
2
Local Authorities receive funding for two, three and four year olds based on the number of Children included on the Early Years and School
Census returns. Failure to submit the return by the deadline will result in reduced funding to the Council and may limit the hourly funding
rate paid to Providers.
3 Financial year: April to March. Records include; attendance registers, Parent Agreements, copies of ID, copies of parents invoices.
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13.
inform the Council of any permanent change to a funded Child’s details e.g. a change
of address or legal name;
14.
upon request, provide financial information that shows income and expenditure for the
most recent accounting period4;
15.
supply to the Council evidence of the Provider’s current, and any change in, legal
status by providing copies of the organisation’s governing documents or if individuals
or partners, provide the current full names and addresses of each individual or partner
together with all business names used;
16.
not claim for a Child who is already accessing their entitlement at two other Providers;
17.
not encourage the movement of Children between Providers mid-term [to support
stability for Children];
18.
offer sessions to meet the needs of parents;
19.
provide clear information to identify which of the hours attended have been provided
free;
20.
ensure each eligible Child receives their entitlement free from the date they are
eligible and there must be no conditions of access. Therefore Providers must not;
a. charge top up fees in respect of the free entitlement;
b. charge registration, deposit or uniform fees to parents who are only accessing their
free entitlement;
c. charge for meals or snacks during the free entitlement period unless agreed with
the parent in advance, Providers can then make reasonable charges for
meals/snack. Parents must be given the option of providing a packed lunch if this
would be more affordable;
d. charge for the free place and reimburse the parent at a later date.
4 Data Protection Act: any information you provide will be held in confidence by the Council to check financial prudence and support
sustainability of provision.
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Section 4
Children’s Eligibility
The free entitlement
1. Every Child is entitled to 570 hours each year to be taken over no fewer than 38 weeks
from the relevant date following their third birthday until they reach compulsory School
age [the beginning of the term following their fifth birthday].
[Statutory Guidance paragraph A1.1].
When are Children eligible?
2. Children are eligible from the start of the term following their third birthday as per the
table below:
If the Child’s 3rd birthday falls
between:
1 January and
31 March
Their free place can begin from:
the start of the term beginning on or following
1st April after the Child’s 3rd birthday [summer
term]
1st September after the Child’s 3rd birthday
[autumn term]
1 April and
31 August
1 September and
31 December
1st January after the Child’s 3rd birthday
[spring term]
When can the free entitlement be accessed?
3. Providers are encouraged to offer flexible packages of free early education, subject to the
following standards on flexibility:
• no session longer than 10 hours;
• no session shorter than 2½ hours;
• not before 7am and after 7pm.
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4. Providers are expected to offer the following models to parents as a minimum;
•
3 hours a day over 5 days of the week;
•
5 hours a day over 3 days of the week.
5. There is no requirement for all early education places to be delivered only over 38 weeks
of the year or in line with maintained School term dates.
6. Providers are encouraged to offer greater flexible packages to enable parents to take up
patterns of hours which ‘stretch’ their Child’s entitlement by taking fewer free hours a
week over more weeks of the year.
Early Years Pupil Premium
7. All early education and care Providers can claim extra funding through the Early Years
Pupil Premium to support Children’s development, learning and care.
8. The Early Years Pupil Premium provides extra funding for three and four year old Children
whose parents are in receipt of certain benefits or who have been in care or adopted from
care.
9. Children who meet the following criterion are eligible:
•
Looked After by the Local Authority;
•
They have left care through a Special Guardianship or a Child Arrangements
Order or Adoption.
10. Families who receive one or more of the following benefits are also eligible:
•
Income Support;
•
Income based Job Seekers Allowance;
•
Income related Employment and Support Allowance;
•
Support under part VI of the Immigration and Asylum Act 1999;
•
The guarantee element of State Pension Credit;
•
Child Tax Credit provided not they are not eligible to Working Tax Credit and
their annual household income is less than £16,191 [as assessed by HM
Revenue & Customs];
•
Working Tax Credit 4 week run-on.
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Two Year Old Entitlement
When are two year old Children eligible?
11.
Children are eligible from the start of the term following their second birthday as per
the table below:
If the Child’s 2nd birthday falls
between:
1 January and 31 March
1 April and 31 August
1 September and 31 December
Their free place can begin from:
1st April after the Child’s 2nd birthday
[summer term]
1st September after the Child’s 2nd birthday
[autumn term]
1st January after the Child’s 2nd birthday [spring
term]
Which two year old Children are eligible?
12. Children who meet the following criterion are eligible:
•
Looked After by the Local Authority;
•
They have left care through Special Guardianship or Child Arrangements
Order or Adoption;
•
They have a Child Protection Plan*;
•
They have a Child in Need Plan*;
•
They have an Education, Health and Care plan ;
•
They receive Disability Living Allowance;
The criterion marked with an asterisk [*] are local criterion and are subject to
removal at any time. All other criterion are statutory.
13. Families with a two year old who receive one or more of the following benefits are also
eligible:
•
Income Support;
•
Income based Job Seekers Allowance;
•
Income related Employment and Support Allowance;
•
Support under part VI of the Immigration and Asylum Act 1999;
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•
The guarantee element of State Pension Credit;
•
Child Tax Credit and/or Working Tax Credit, provided their annual
household income is less than £16,191 [as assessed by HM Revenue &
Customs].
14. There will be links to Universal Credit in the future when the system is established.
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Section 5
Procedures for Claiming Funding
The Provider Portal
1.
All claims for funding should be submitted via the Provider Portal
https://earlyyears.kirklees.gov.uk/ProviderPortal.
2.
The Provider Portal Guide is available to download from the website5.
The annual Early Years Census
3.
All Providers included in the Kirklees list of Approved Providers must complete an
Early Years Census return with the exception of Academies 6 and those Providers who
have no funded Children at the time of the Census.
4.
The annual Census date is the third Thursday in January. The Census information
must relate to the number of staff and Children registered at each Provider during
the week of the Census.
5.
The deadline for submitting the Census is the same date as the three and four year
old claim deadline [refer to Appendix H: Free Early Education and Care Funding
Calendar: Claim Deadlines and Payments].
6.
Census information is collected online via the Provider Portal. There are two levels of
data collection:
i. Establishment data - details about the Provider are collected on the ‘Forms’
tab;
ii. Child data - details about individually funded two, three and four year olds
are collected on the ‘Funding’ tab.
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6
7.
Detailed guidance on completing the Census return is issued to Providers during the
second week of January.
8.
Note: The information provided on the Census is used to determine the Council’s
Early Years funding, therefore it is vital the information is received. Failure to submit
a Census will affect a Providers funding.
www.kirklees.gov.uk/childcareproviders
Academies submit their School Census [including nursery Children] directly to the DfE
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Estimate [interim] payments
9.
Estimate payments are based on the number of estimated weekly hours submitted
online via the Provider Portal.
10. An estimate claim should include the total number of weekly funded hours for all the
funded Children expected to be attending in the following term. For example, 10
Children each attending for 15 hours a week; the estimate would be 150 hours.
11. If Providers do not expect to have any funded Children they must submit an estimate
claim with zero [0] entered in the weekly funded hours.
12. The number of funded weeks can be amended if required, for example a Provider
may offer less than 38 weeks in the year or may be closed for a particular week.
13. Note: If the number of weeks in the School term is less than the number of funded
weeks Providers should not amend the weeks unless paragraph 12 above applies.
[Also see Section 6, paragraph 7].
14. Before including a new two year old on the estimate claim Providers should ensure
that the Child is eligible. If a parent/guardian cannot provide the confirmation
voucher code, Providers should contact the Childcare Sufficiency Team 7 to confirm
the Child is eligible.
15. For any Children that are stretching, include the maximum entitlement of 15 hours a
week in your estimate.
16. There are two optional deadline dates for receiving an estimate payment; the
deadlines for estimate claims are highlighted on the ‘Free Early Education and Care
Funding Calendar: Claim Deadlines and Payments’ [refer to Appendix H].
17. Providers who prefer not to receive an estimate payment should e-mail:
[email protected]
Starting new Children [staggered intakes]
18. All Children are entitled to receive 38 weeks of free early education and care and full
funding is provided for this purpose. Some parents will want their Children to start at
the beginning of term in line with their entitlement. Providers may wish to stagger
new intakes for practical reasons to meet the specific needs of new Children.
Providers should be prepared to listen to the needs of parents and balance the
interests of all parties. Generally it is recommended that staggered intakes do not
exceed two weeks with the exception of paragraph 19 below. [Note: the Council
reserves the right to adjust funding where Providers act unreasonably].
19. The transitional arrangements for Children with additional needs may need to
continue beyond the period of two weeks and the Council will consider the best use of
funding in these circumstances.
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Childcare Sufficiency Team E-mail: [email protected] Telephone: 01484 222039 or 225752
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Headcount Day
20. The Department for Education [DfE] requires all Schools to submit a Census return
each term, the same Census dates are also used as the Headcount to determine free
early education and care funding for all Providers. The Census dates are as follows:
Term
Headcount/Census Day
Summer
The third Thursday in May
Autumn
The first Thursday in October
Spring
The third Thursday in January
21. Subject to paragraph 23, Providers will be funded for all eligible Children who are
registered at their provision on the Headcount Day for the number of funded hours
the Children are accessing at that time, provided a Parent Agreement is in place.
New Children starting after the Headcount Day will be funded for the remaining
number of weeks in the term.
22. Subject to paragraph 23, two year old Children will be funded from the start of term if
they have applied and start their place on or before the Headcount Day. New two year
old Children applying and/or starting after the Headcount Day will be funded for the
remaining number of weeks in the term.
Children leaving during the term
23. If the parent gives notice to end the place, either before or after the Headcount Day,
the Provider will be funded for the period of attendance plus the required notice
period of 20 Provider Working Days 8 provided a Parent Agreement is in place. When
the child starts at a new Provider, the new Provider will be funded for the remaining
number of weeks in the term and cannot be funded during the notice period unless
there are very exceptional circumstances [refer to paragraph 27].
24. Providers should not impose unreasonable conditions and financial penalties on
parents in parental contracts which would create a barrier to their Child accessing
free early education and care.
25. Providers are required to notify the Childcare Sufficiency Team when a Child’s place
is ended during a funded period by completing the ‘Notification of Child Leaving a
Funded Place Form’ on the Provider Portal.
8
Provider Working Days is defined in the Kirklees Agreement and the Parent Agreement, and essentially means the days when the Provider is
usually open for business.
17
Duplicate claims
26. If a claim is received from two Providers in respect of the same Child and the actual
attendance exceeds 15 hours, provided a Parent Agreement is in place with both
Providers, funding will be pro-rated. [If the Child has only been attending one of the
Providers or there is only a Parent Agreement in place at one Provider; that Provider
will receive 100% funding; the other Provider will not be funded].
Very exceptional circumstances
27. Parents must give their Provider, 20 Provider Working Days notice, if they wish to end
their place and move to another Provider, however in very exceptional circumstances
the Council will fund a transfer with immediate effect. Such circumstances may
include;
•
Safeguarding concerns – based on recommendations from a Kirklees Council
social care professional;
•
Significant change of address – where the distance from a new home to the
current early education Provider is greater than at least 1 mile than the
distance from the old home to same Provider;
•
Multiple and significant changes placing a family in very challenging
circumstances – as assessed by a Kirklees Council officer;
•
Where current Free Early Education and Care arrangements prevent a parent
accepting a job offer – only where there are no practical options for linking
Childcare as assessed by a Kirklees Council officer;
•
Childs additional needs significantly not met – as assessed by a Kirklees
Council officer.
Application process for funding where very exceptional circumstances
apply
28. To apply for funding with immediate effect, Providers will need to submit an
‘Application to Transfer a FEEC Place Form’ via the online Provider Portal. The
Council will consider the application and notify the potential Provider within 5
Provider Working Days.
29. If approved, funding will be given from the date of the application or the date the
Child starts, up until the end of the funded period [term]; the Child’s place will
therefore be double funded for a maximum of 20 days [the required notice period].
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30. If the application is rejected, it is at the Provider’s discretion whether or not to
provide a free place during the required notice period of 20 Provider Working Days.
Claims for Children who do not have a place at any other provision [after
Headcount]
31. Providers can continue to submit Children via the Headcount on the Provider Portal
up until the final [actual] payment for the term has been processed [one week before
the final payment date] unless the final deadline for claims is prior to this date [refer
to paragraph 35].
32. Providers will need to complete the ‘Notes’ tab on the Child record, stating they have
no place at any other provision, and amend the ‘term start date’ to the date the Child
is expected to start and the weeks attended in term to the actual number of weeks to
be accessed. Refer to the ‘Funded Weeks’ document available to download from the
website.
33. To apply after the final [actual] payment for the term has been processed [one week
before the final payment date] Providers will need to submit a ‘Child Starting after
Headcount Form’ via the Provider Portal.
34. Note: if checks show the Child has been funded at another provision in the term,
funding will not be given unless there are very exceptional circumstances [refer to
paragraph 27].
Deadline for children starting after Headcount Day and applications to
transfer a FEEC place
35. The deadline for ‘Application to Transfer a FEEC Place Forms’ and ‘Child Starting
after Headcount Forms’ is 10 Provider Working Days before the end of the funded
period [term], Children must have started by this date. Refer to Appendix H – ‘Free
Early Education and Care Funding Calendar: Claim Deadlines and Payments’.
Stretching the entitlement
36. Some parents may wish to stretch their Child’s entitlement over the School holidays
by taking fewer hours each week over more weeks of the year.
37. The Council’s Early Years budget can provide a maximum of 570 hours within the
financial year [April to March] for each eligible Child; Children cannot receive more
than their entitlement.
38. Stretching offers flexibility so that Children can benefit from attending an early
education provision all year round without the need for parents to purchase
additional Childcare. For parents who do pay for additional Childcare, Providers can
19
offer flexible annual invoicing options to spread the cost evenly throughout the year.
The option of annual invoicing is simpler for parents, Providers and the Council.
Therefore in general stretching the free entitlement will mainly be of benefit to
Children who attend just for their free entitlement.
39. There may be exceptions to paragraph 38. For example: A Child attends one full day
all year round which the parent pays for, the Child also attends two days each week
for 15 hours in total for 38 weeks, the Child could reduce to 11 hours each week and
access two shorter days for 51 weeks so that the attendance is consistent all year
round. The additional Childcare invoice will not be affected.
40. The table below illustrates examples of how the entitlement can be stretched.
Weeks
39
40
41
42
43
44
45
46
Maximum
hours
14.50
14.25
13.75
13.50
13.25
13.00
12.50
12.25
Weeks
47
48
49
50
51
52
53
54
Maximum
hours
12.00
11.75
11.50
11.25
11.00
10.75
10.75
10.50
41. Providers have discretion in how they offer a stretched entitlement, the table at
paragraph 40 illustrates some stretched models; Providers can choose the period
they wish to stretch as well as the length of the sessions to be included in the
stretched offer.
42. A stretched entitlement can only be accessed at one Provider.
43. Providers will need to submit the days they are closed [and the days they do not offer
stretch] in each funding period [term] via the Provider Portal; this includes public
holidays, staff training days and any other closures.
44. The number of the stretched free hours attended each day will also need to be
entered on the Child’s record on the Headcount instead of the weekly free hours.
45. Providers will receive funding based on the number of funded hours in the period for
a Child who is stretching taking into account the Child’s pattern of attendance and
the closure days.
46. The Child’s attendance pattern and the Provider’s closure dates may affect whether
the Child receives their full entitlement throughout the year.
47. Parents will need to understand that the option of greater flexibility may result in not
being able to access their Child’s full entitlement. It is vital that Providers explain
this to parents interested in stretching.
20
48. The School holidays at the end of each term will be included in the number of weeks
for that term. In some years the number of weeks that it will be possible to stretch
over will be less than 52 and in some years the number of weeks will be greater than
52.
The table below illustrates the number of weeks in the financial year 2016/17.
Term
Summer 16
Autumn 16
Spring 17
Total
Period
11 April – 04 September
05 September – 01 January
02 January - 23 April
Weeks
21
17
16
54
Hours
220.5
178.5
168.0
567.0
49. The table below shows some examples of stretched models.
51 weeks [11 hours]
2 x 5.5 hour sessions
2 x 4 hour + 1 x 3 hour sessions
47 weeks [12 hours]
2 x 6 hour sessions
3 x 4 hour or 4 x 3 hour sessions
Stretching: Closure dates and validation
50. Providers will need to add and submit their closure dates on the Provider Portal for
each term [summer, autumn and spring] in the financial year [April to March/April],
guidance on how to do this is included in the Provider Portal Guide.
51. If Providers offer less weeks to Children stretching than they are open for, the dates
not offered will also need to be submitted as closure dates.
52. On the Provider Portal when viewing Actuals for a term, above the table of Child
records, an ‘expandable’ section explains how the weekly validation value is
calculated.
53. In some years some Children may be able to attend every week in the year depending
on their attendance pattern, which could take the hours over 570.
54. Although the system will prevent exceeding 570 hours this means the claim will have
to be adjusted in the spring term by reducing the hours each week. The ‘Stretched
Ready-Reckoner’ will help to calculate the entitlement in these situations. This issue
will only arise when a Child starts stretching from the summer term.
55. Providers will receive funding based on the number of funded hours in the period for
a Child who is stretching, taking into account the Child’s pattern of attendance and
the Provider’s closure days.
21
Stretching: Changes to attendance days or Children starting later in
term
56. If a Child changes their attendance days during the term the claim does not need to
be amended until the following term unless there is a significant difference between
the hours claimed and the actual hours which will be accessed.
57. Providers should contact the Childcare Sufficiency Team for advice when a Child
changes their days.
58. If a Child starts after the Headcount and wishes to stretch, Providers should amend
the Child’s Term Start Date on the Provider Portal to the actual date they started;
funding will be calculated accordingly.
59. Changes in circumstances for Children who have begun stretching their entitlement
will be inevitable; Providers should contact the Childcare Sufficiency Team for advice
on how to claim in the current and future terms.
Limitations of stretching
60. Children may not be able to access their full entitlement [570 hours]; the hours they
can access will depend on their attendance pattern and the Provider’s availability.
For example, if a Child just attends on a Monday for 10 hours, the maximum in a 52
week year would be 520 hours, but in reality the hours will be even less due to public
holidays.
61. The minimum and maximum session lengths still apply when the entitlement is
stretched. The minimum session length is 2½ hours and the maximum session
length is 10 hours.
Supporting parents to understand stretch
62. Providers must ensure parents fully understand how stretching works; the
‘Stretched Ready-Reckoner’ will support Providers with this and is available to
download 9
63. Providers must use the ‘Stretched Ready-Reckoner’ to calculate and validate the
Child’s entitlement. The attendance schedule should be completed and given to the
parent to sign.
64. Providers must also ensure that the information sheet for parents; ‘Stretching the
free entitlement - Information for Parents’ is given to the parent and that the
Checklist is completed and signed by the parent and Provider. A copy should be given
to the parent and kept by the Provider.
9
22
65. Parents should be informed that the option of greater flexibility may result in not
being able to access their Child’s full entitlement.
66. Important note: If a stretched claim exceeds the maximum entitlement of 570 hours
within the financial year and the Provider cannot evidence that stretch has been fully
explained to the parent then the amount of the over claim will be deducted from the
Provider. Evidence requested would include a copy each of the signed stretched
documents; the Parent Agreement, checklist and ready reckoner.
Stretching: Moving to another Provider or School
67. The Parent Agreement can be ended with 20 Provider Working Days notice and the
remaining balance of the entitlement can be used at another Provider.
68. However many Providers and Schools do not offer stretch therefore an adjustment
may be necessary.
69. If parents are aware that their Child will be moving to a non-stretched Provider,
School nursery or School reception class in the following autumn or spring term the
stretched hours should be limited to the maximum amount for the term[s].
70. For example, if a Child who is stretching in the summer term moves to a School
nursery in the autumn term the stretch hours in summer would need limiting to 180
hours. The number of hours to limit each week would depend on the number of
weeks in the summer period, for example; 180 ÷ 20 weeks = 9 hours per week or 180
÷ 18 weeks = 10 hours per week.
71. If the parent states their Child will be stretching for the whole year and then changes
their mind and chooses to move their Child to a Provider who does not offer stretch
or flexibility of less than 15 hours, they should notify the Provider so the claim can be
adjusted before the end of the summer.
72. If the parent fails to inform the Provider of the move, the parent will have to refund
the Council for the additional hours [e.g. hours exceeding 180] that their Child has
received in the summer.
It is vital that Providers explain this to parents interested in stretching.
73. For example, a Child could receive an additional 40.5 hours in summer 2016, the cost
to the parent will be £169.70 based on the basic hourly rate of £4.19 for a three/four
year old [a deprivation supplement may also apply] or £196.43 for a two year old. The
cost would be lower in a year where there are less weeks in the summer.
74. The table overleaf illustrates the difference between the termly hours for a standard
claim and a stretched claim.
23
2016/17
Term
Dates
Summer
11 April – 04 September
2016
Autumn
05 September – 01 January
2016
Spring
02 January - 23 April
2017
Total
Stretched [up to
10.5 hours a week]
Weeks
Hours
Standard [up to
15 hours a week]
Weeks Hours
Difference
in hours
21
220.5
12
180
+40.5
17
178.5
14
210
-31.5
16
168
12
180
-12
54
567
38
570
-3
75. If the parent moves to a non-stretching Provider who offers flexible sessions there
will be no need to reduce the weekly hours allowed in the summer term or for the
Council to invoice the parent for the additional hours, this is because the weekly
hours to be claimed in the autumn or spring terms can be less than 15.
Parent Agreement
76. A Parent Agreement must be completed and signed for all eligible Children before
commencement of the free place.
77. A copy of the Parent Agreement, Key Facts Statement and Early Years Pupil
Premium flyer must be given to the parent, where possible a term before their child
is eligible, but must be given before their child starts accessing their free place.
78. The Parent Agreement will be in force for the duration stated on the Parent
Agreement; this could be between one and nine terms unless the Child is stretching
their entitlement in which case the maximum would be three terms.
79. If a parent wishes to cancel the Parent Agreement and change their Provider they
can do so by giving written notice to their current Provider of at least 20 Provider
Working Days. A Provider may at its discretion, accept a shorter notice period or no
notice period at all.
80. The Parent Agreement must be completed by either the parent or the Child’s legal
guardian.
81. The Provider must request that the parent brings a form of identification such as the
Child’s birth certificate or passport to verify the Child’s full legal name and date of
birth [this process could be incorporated into the Provider’s registration process for
new Children; a copy must be kept for a minimum of 2 years, refer to Section 3,
Conditions of Funding].
82. A copy of the Parent Agreement must be kept by the Provider, this is an audit
requirement to substantiate the number of free entitlement hours the parent has
requested and to support the information submitted via the Provider Portal. Copies
will be checked during an audit visit.
24
83. A copy of the Parent Agreement should also be given to the parent.
84. It is the responsibility of each Provider to explain to parents how many free hours
their Child is entitled to and how their entitlement can be accessed.
85. Important note: It is the Provider’s responsibility to ensure that each parent has
completed and signed a Parent Agreement and that the Child’s details are entered
correctly via the Provider Portal.
Completing the Parent Agreement
86. Prior to completion, Providers should check with the parent whether the Child is
attending another early education and care Provider and accessing some free
entitlement hours there also. [Please note: the maximum number of Providers that
Children can access the free entitlement across is two unless the Child is stretching
in which case the maximum would be one].
87. The parent should first read the terms and conditions of the Parent Agreement and
then enter the following at the top of the agreement;
• the full name of the Provider;
• their full name;
• the period of the Parent Agreement [i.e. the date the place will commence and is
intended to end];
• The number of funding periods [terms] the Parent Agreement will be in force
[maximum is nine terms].
The parent must sign and date the Parent Agreement and enter their full name at the
bottom of page one.
88. Providers may pre-populate certain sections of the Parent Agreement which will be
common to most Children i.e. their Provider’s name.
89. The parent must complete all the details relating to their Child [section 1]. A copy of
the Ethnicity and Special Educational Needs [SEN] codes should be shown to the
parent to assist completing the relevant information.
90. Section 2 is optional for parents to complete. The Early Years Pupil Premium flyer
should have been given to the parent in advance of completing the Parent Agreement
so they can assess whether they may be eligible.
91. The parent must complete their Child’s attendance details for the whole period of the
Parent Agreement [section 3]. Where a Child attends two Providers the attendance
details must be completed for both Providers, the following details must be entered
for each Provider;
•
the name of the Provider[s], if there is only one Provider the parent should enter
‘none’ for the second Provider name;
25
•
the total number of hours their Child will attend each day and the total each
week;
•
the number of free early education and care hours their Child will access each
day and the total each week;
•
the number of additional Childcare hours their Child will access each day and
the total each week.
92. The authorised signatory of the Provider must enter the reference number from the
Child’s identification document and sign and date the Parent Agreement and enter
their full name at the bottom of page one.
93. A copy of the signed Parent Agreement must be given to the parent. In addition, as
part of the Parent Agreement, Providers are required to notify parents in writing and
in advance, of the days when they will not be open for business during the length of
the Parent Agreement [with the exception of weekends, Good Friday, Christmas Day,
bank holidays and any designated public holidays]. This could be done in a number of
ways, for example via email or posted on a website or notice board or included in an
induction pack.
Completing the Parent Agreement for Children stretching
94. The period of the Parent Agreement must be within the financial year [April to
March/April]. If the Child will be attending and stretching their entitlement in the
following financial year, a second Parent Agreement will need completing.
95. Using the ‘Stretched Ready-Reckoner’, calculate how many hours the Child will
receive each term. Please note this could be less than or more than the standard
hours for the term [refer to the table in paragraph 74].
96. Using a copy of the ‘Stretched Ready-Reckoner’, the parent should complete section
4 instead of section 3.
97. If the parent wishes to end their Parent Agreement they are required to provide 20
Provider Working Days written notice. The remaining balance of their entitlement
can be used at another Provider.
Changing the Parent Agreement
98. If the parent needs to change the number of free hours after the first term or
chooses to move to stretching, another Parent Agreement must be completed.
99. If a Provider makes significant changes to sessions outside of the required notice
period of 20 Provider Working Days, for example changing from afternoon sessions to
morning sessions, then parents have the choice to find alternative provision with
immediate effect and funding will be adjusted.
26
Ending the Parent Agreement
100. If either party [the parent or the Provider] wishes to end the Parent Agreement they
will need to give at least 20 Provider Working Days written notice. Funding will be
provided for the notice period.
101. If the Child has not attended for 10 Provider Working Days without the parent
confirming the reasons and the Provider has been unsuccessful in contacting the
parent the Provider must give the required notice, in writing to end the Parent
Agreement. Funding will be provided for the notice period. If such notice is given
within 20 Provider Working Days prior to the end of the Provider’s funding period
relating to any school term the notice shall be reduced to the remaining Provider
Working Days of that funding period.
102. If the parent does not give the required notice and decides to move to another
Provider with immediate effect, funding will be given to the first Provider for the 20
day notice period.
103. If the Provider ends the Parent Agreement in less than 20 Provider Working Days for
reasons outside the terms of the Kirklees Agreement or the Parent Agreement,
funding will be adjusted.
104. Funding may be adjusted where Providers act unreasonably, including as an example
but not limited to a] ending a non-funded sibling’s place outside the required notice
period for the funded sibling and b] not following professional advice in relation to
Children with additional needs.
Submitting the termly funding claim [Headcount]
105. Providers should use copies of the Parent Agreements and birth certificates to enter
and update Headcount information via the Provider Portal. For detailed instructions
refer to ‘The Provider Portal for Free Early Education and Care Funding – A Guide for
Private, Voluntary and Independent Providers and Local Authority Maintained
Schools’.
106. Note there are separate Headcount submissions [actual claims] for two year olds and
for three and four year olds.
Updating the termly funding claim [Headcount]
107. Your termly Headcount will show all the Children from your previous termly
Headcount who are still eligible for a free place according to their date of birth.
108. Deleting Children - Children who have left your provision will need deleting from your
Headcount. If you delete a Child by mistake you can select ‘cancel delete’.
27
109. Check and edit existing Children - view each Child individually, firstly to check their
core details 10 are correct, and secondly to check and edit their attendance details as
necessary, i.e. weeks, funded hours and non-funded hours.
110. Important: If any of the Child’s core details have changed, for example they have
moved house or their legal name has changed through adoption or their name or
date of birth has been entered incorrectly, Providers must update the Child’s details
and add a note on the ‘notes’ tab.
111. Important: Add new Children – enter all the core details and attendance information
from the Parent Agreement. Care must be taken when adding core details; the Child
records entered via the Provider Portal are imported into the Council’s integrated
pupil database and are available to officers/teams across the Council. Therefore
their details must be accurate, and spelt correctly using the full legal name as
witnessed from the form of Identification.
112. Claims can be submitted from the start of term up until the Friday after the
Headcount Day. Information can be entered on several separate occasions during
this period.
113. Two year old claims can be submitted from the start of term up until the deadline,
which is 2 weeks after the three and four year old claim deadline.
114. Providers can still claim funding if Children who do not have a funded place at any
other provision wish to start after the deadlines for two year old or three and four
year old claims, [refer to paragraphs 31-34].
115. All relevant dates are highlighted on the ‘Free Early Education and Care Funding
Calendar: Claim Deadlines and Payments’ [refer to Appendix H].
Termly funding confirmation form
116. Once you have completed your submission you must send confirmation that your
claim is complete by completing the online form ‘Termly Funding Confirmation Form’
[Note there are separate forms for two year olds and for three and four year olds].
You must include the following information;
• term;
• total number of Children;
• total number of termly hours [Children x hours x weeks].
117. To calculate the number of termly hours for the Children who are stretching use the
total number of hours for the relevant term which is shown on the ‘Stretched ReadyReckoner’, then add the number of termly hours for all the non-stretching Children.
10
Children’s core details: full legal name, date of birth, gender, address, ethnicity, SEN COP stage.
28
Changes to the termly funding claim [Headcount]
118. Where Providers have submitted a claim on time but omitted a Child or made an
error, changes may be accepted after the actual claim deadline up until the deadline
for children starting after Headcount Day and applications to transfer a FEEC place,
provided the Child was registered at Headcount Day.
Late claims
119. The Council will issue at least one email reminder each term and also a text
reminder where providers have requested to receive text reminders. It is the
providers responsibility to meet claim deadlines.
120. If a Provider misses an actual claim deadline, late claims will not be accepted; the
estimate [interim] payment will be recouped unless there are exceptional
circumstances. Providers must still provide the Children their free entitlement.
Neighbouring Local Authority arrangements
121. If a Child who is resident in Kirklees attends a Provider located in another Local
Authority [LA], the other LA will fund the place. Similarly, if a Child who lives out of
the Kirklees area attends a Provider located in Kirklees, the Council will fund the
place.
122. Note: Paragraph 121 above will only apply to two year olds who meet the statutory
eligibility criteria [refer to pages 13 and 14].
123. Lists of out of area Children are sent to each LA each term in order to check that
Children are not being funded for more than their free entitlement. If checks show
that more than 15 hours have been claimed funding will be recouped from the LA
where the Child does not reside.
Children with special educational needs [SEN] and disabilities
124. Children with special educational needs who have been advised by a professional to
attend less than 15 hours may still be funded for 15 hours [subject to application
process, refer to paragraph 126 below].
125. Children with special educational needs who attend less than 15 hours due to
parental choice can only be funded for the hours they attend.
126. To apply for additional funded hours, Providers will need to send the following
information to the Childcare Sufficiency Team in accordance with the needs of the
Child:
•
Report from the Early Years SEN or outside agency i.e. health visitor, speech
therapist;
29
•
Details of how the Child’s progress is being monitored in relation to the SEN
Code of Practice 2014, by adopting a graduated approach, action assess, plan,
do, review or does he/she have an education, health and care plan?
•
Evidence of how the additional funding will be used to support the Child’s
individual needs, for example;
o cover for staff training;
o cover for meeting with parents and/or external agencies;
o review meetings;
o purchase of resources;
o additional adult support from within the Provider.
Include date of meeting or training, cost of cover, invoice or receipt for resources.
127. If a Child with special educational needs attends two Providers the remaining
number of unattended hours should be negotiated so as to ensure that the needs of
the Child and family are most effectively met. It is our expectation that in this
instance, practitioners from both Providers will work together, share information and
where necessary will plan collaboratively, to meet the Child and family’s needs.
128. However, if agreement cannot be reached the remaining funding will be paid equally
to each Provider [assuming the above criterion is met by both Providers].
30
Section 6
Funding and Invoicing
1.
An estimated annual budget statement will be sent to all Providers during March
each year. Providers funded for two year olds will receive two statements.
2.
The statement is divided into two sections:
I.
funded Children in the previous financial year;
II.
estimated funding based for the forthcoming financial year based on the
number of funded children and hours claimed in the previous financial year.
3.
Children are counted as FTEs [full time equivalents]. 1 FTE = 25 hours, the maximum
number of hours a part time Child in early education and care is entitled to is 15.
Therefore a Child attending 15 hours = 0.6 FTE, a Child attending 12½ hours = 0.5
FTE.
4.
Section 1 includes the following information for each term in the previous financial
year:
• actual termly hours;
• actual weeks provided;
• actual average weekly hours [termly hours divided by weeks];
• number of weekly full-time equivalent [FTE] Children. This is calculated by
dividing the maximum number of hours for a particular term [i.e. 15 hours x 12
weeks = 180 hours] into the actual termly hours claimed.
5.
Section 2 includes the following information for each term in the forthcoming
financial year:
• estimated basic funding i.e. FTE x termly funded hours per place x £rate;
• estimated deprivation funding based on the previous financial year;
• estimated early years pupil premium [EYPP] funding based on the previous
financial year;
• total estimated funding.
How funding is calculated
6.
The funding will be calculated on a termly basis as shown in the table overleaf unless
a Child is stretching their entitlement.
31
Term
Summer
Autumn
Spring
Weeks
12
14
12
Termly hours per FTE
180
210
180
7.
Please note, the number of term time weeks in a financial year can vary, Providers
must ensure they provide 38 weeks in each academic year [i.e. September to July].
8.
It is the responsibility of the Provider to manage their finances appropriately;
consideration should be given to keeping a small amount of the funding in reserve
from shorter terms to support delivery in longer terms.
9.
The interim payment is calculated from the number of hours on the estimate claim
from the Provider.
•
Total weekly hours x number of weeks x basic hourly rate x %
10. Termly funding is based on the hours stated on the Parent Agreement and Provider
Portal; the final payment is calculated as follows;
•
Total termly hours x basic hourly rate [plus deprivation and EYPP where relevant]
– interim payment
11. If the interim payment has exceeded the funding due for the term, the balance owed
to the Council will usually be deducted from the next payment due. However the
Council may decide to issue an invoice.
12. Where an overpayment has occurred Providers who receive funding for two year olds
and three and four years will have their funding offset to balance their funding.
Funding rates
13. The rates of funding are subject to change on an annual basis. The current basic
hourly rate for two year olds is £4.85 and for three and four year olds is £4.19.
14. Some three and four year old Children will receive additional funding if they are
eligible for:
a. A deprivation supplement. Deprivation is measured using the Income
Deprivation Affecting Children Index [IDACI]. The rates are:
• Band 1: £0.06
• Band 2: £0.14
• Band 3: £0.18
• Band 4, 5 and 6: £0.26
b. Early Years Pupil Premium, refer to page 12 for details; the rate is £0.53 per
hour.
32
Reconciliation of funding
15. Providers should calculate the amount of funding they expect to receive each term
following submission of each claim.
16. When a claim has been processed the status of each Child will change back to
‘Unchanged’, Providers will then be able to check their expected funding and balance
to be paid via the Provider Portal; select ‘Funding’, then ‘Summary’, then ‘View’. If
Providers are unable to reconcile their funding they should email:
[email protected]
Invoicing [only applicable when additional hours or services are provided]
17. The Statutory Guidance states that parents should clearly see from the information
they receive from their Provider that they have received their Child’s entitlement
completely free.
[Statutory Guidance paragraph C.5].
18. There must be no additional charges made to parents who are only accessing their
Child’s free entitlement. For example, no charges for registration, deposit or
uniform.
19. Charges for additional services and hours outside of the free entitlement are to be
agreed between the parent and Provider. The Council will not intervene in private
business matters.
20. Charges should be made clear to parents in advance of taking up additional services
and hours. This includes charges for meals or snacks; parents must be given the
option of providing a packed lunch and snacks if this would be more affordable.
21. The important principle is to include on the invoice the wording ‘Free Early Education
and Care funded by Kirklees Council’, and the hours provided free in the invoice
period. This applies to both computerised and had written invoices.
22. Invoices should avoid including a monetary value against the FEEC hours. However,
it is recognised that Providers use different software to produce invoices and this
may not be possible; therefore where there is no other option a monetary value could
be included alongside the number of free hours.
23. Copies of invoices must be retained for inspection during an audit visit.
33
Examples
Statement to be included on an invoice: Free Early Education and Care [FEEC] hours funded
by Kirklees Council
Weekly
Date
1 - 7 September
Total
weekly
hours
50
FEEC Hours
15
Net hours
35
Rate
£4.00
Amount
£140.00
Monthly
Date
1 - 30 September
Total
monthly
hours
212.5
FEEC Hours
47.5
Net hours
165
Rate
£4.00
Amount
£660.00
Note 1: The number of hours in the monthly example could be the actual number of hours in
the Month or an average of the annual hours e.g. 47.5 hours which is 570 per year divided by
12 Months.
Note 2: If Providers use the average invoicing example they must ensure parents fully
understand how it works and that if their Child leaves mid-term/year there maybe the need
for a balancing calculation to be taken into account on the final invoice.
Flexible invoicing is offered at the discretion of the Provider and Kirklees Council will not
accept any associated liabilities.
34
Section 7
Administrative Requirements
Attendance monitoring
1.
Providers should promote good attendance and must record the attendance of all
funded Children in a register which meets the requirements of Ofsted and the Council; a
suggested format showing the minimum requirements can be found at Appendix F.
2.
Providers must have regard to the safeguarding of young, particularly vulnerable
Children and should act appropriately when no reasonable explanation can be obtained
from parents about a Child’s absence.
3.
Additional guidance on missing children and how to refer to the Children Missing in
Education [CME] Team can be found on the website 11.
Non-attendance [reason for absence unknown]
11
4.
Attendance records of funded Children should be monitored regularly. If the reason for a
Child’s absence is unknown for two consecutive days or more the Provider must contact
the parent and remind them their place is funded by the Council and should be accessed
as stated on the Parent Agreement.
5.
If the Child has not attended after 5 Provider Working Days, a letter should be sent to the
parent explaining that if their child does not attend within the next 5 Provider Working
Days or they do not make contact to explain why their child is absent, their place will be
ended. It is recommended that Providers include in the letter that a referral will be made
to the CME Team if no contact is received from the parents.
6.
If the Child has still not attended by the 10th Provider Working Day and the Provider has
been unsuccessful in contacting the parent, the Provider must give the required notice
of 20 Provider Working Days, in writing, to end the place.
7.
If the Child is absent for the final 20 Provider Working Days of term, reduced notice
periods will apply because the Provider must end the place at the end of term,
consequently funding cannot be claimed in the following term. It is the Providers
discretion whether to accept the Child if they return.
8.
When a place is ended the Provider must inform the Council immediately by completing
the ‘Notification of Child Leaving a Funded Place Form’ on the Provider Portal.
35
Reduced attendance
9.
If Children do not attend for the number of hours stated on the Parent Agreement this
should also be monitored. Parents should be contacted within a 10 Provider Working
Day period of reduced attendance and reminded their Child should be attending for the
number of weekly hours they have chosen.
10. If attendance does not improve, a letter should be sent to the parent after 10 Provider
Working Days explaining that if they do not return to using the number of hours they
have chosen their funded hours will be reviewed and possibly reduced the following
term.
11. Copies of all correspondence should be kept and a note should be made on the register.
12. If an audit highlights non-attendance or reduced attendance and no evidence is available
to suggest the parent has been contacted, funding may be recouped.
13. Exceptions will be made for Children with additional needs.
Evidence of monitoring attendance
14. A log should be kept to record the date and details of all contact made with parents [i.e.
phone calls and letters] and copies of all letters sent should be kept for evidence.
Extended holidays
15. Children may be absent due to extended family holidays, parents must inform the
Provider of the period their child will be absent. A maximum of 20 Provider Working Days
will be funded for an extended holiday. If a child does not return from holiday by the 20th
Provider Working Day, the Non-attendance guidance should be followed [paragraphs 48].
16. When a place is ended the Provider must inform the Council by completing the
‘Notification of Child Leaving a Funded Place Form’ on the Provider Portal.
Illness
17. Children may be absent due to illness which may be long term. Where possible parents
should inform the Provider of the anticipated period their Child will be absent. If the
period extends beyond 20 working days during a funded period the parent should provide
a doctors note and the Provider must inform the Council. The place should be kept open
if requested by the parent, and will continue to be funded in subsequent terms unless it
is anticipated that the Child will not return within 12 months.
36
Unforeseen closures
18. All eligible two, three and four year olds are entitled to free early education and care for
38 weeks a year.
19. It is accepted that Providers may have no choice but to close for an occasional day in
cases where it would be illegal to remain open; for example, if the heating breaks down
and the temperature falls below the legal minimum or it is not possible to meet staff
ratios due to illness.
20. In these cases funding will be given provided the number of days does not exceed 5
Provider Working Days in any one funded period/term [days may not be consecutive],
however Providers must put strategies in place to rectify the problem promptly.
21. Where possible, Providers should make every effort to provide the funded Children with
additional hours to replace those they have missed during the period of closure.
22. Providers will not be funded for longer periods of closure lasting for 5 Provider Working
Days or more; for example due to a fire or flood.
Action to be taken by the Provider
23. The period of closure must be notified to the Council as soon as possible so that funding
can be adjusted where relevant.
Planned closures
24. Any planned closures will not be funded; for example, training days,
building/redecoration work, public and bank holidays and religious observances.
Headcount submissions must be adjusted accordingly to reflect the actual weeks to be
provided in the funded period/term. Providers may be asked at any time to supply the
dates they are offering free early education and care sessions.
25. At the discretion of the authorised officer for the Council, funding may be provided if
circumstances are deemed to be exceptional for example if an additional public holiday
takes place or during periods of industrial action.
Data Protection Act 1998: Privacy Notice
26. Schools, Local Authorities [LAs], the Department for Education [DfE], and a number of
other organisations are all ‘data controllers’ under the Data Protection Act 1998 in that
they determine the purpose[s] for which ‘personal data’ [i.e. data about living individuals
from which they can be identified] is processed and the way in which that processing is
done.
27. Data controllers have to provide ‘data subjects’ [individuals who are the subject of
personal data] with details of who they are, the purposes for which they process the
personal data, and any other information that is necessary to make the processing of the
37
personal data fair, including any third parties to whom the data may be passed on. This
is done by what is referred to as a ‘Privacy Notice’.
28. Parents / Carers / Children do need to be made aware of the content of the Privacy
Notice but do not need to be given an individual copy [unless they request one or the data
controller decides it is necessary].
29. Notices can be made available in a number of ways, for example: as part of an induction
pack, on the Provider notice board, on the Provider website, or sent via email.
30. Whichever method is chosen, the data controller needs to be satisfied that they have met
their obligations under Principle 1 of the Data Protection Act 1998 [that personal data
must be processed fairly and lawfully].
31. To summarise, Providers do not need to issue the Privacy Notice to each parent but may
decide to do so. Providers must make parents aware of the content of the Privacy Notice,
how they do this is their choice, Providers must ensure they meet their obligations under
Principle 1 of the Data Protection Act 1998 [as mentioned above].
Obtaining the Privacy Notice
32. The Privacy Notice is available to download from:
33. Open a copy of the ‘Privacy Notice’ by clicking on the Microsoft Word document, and
select ‘Open’ when prompted.
34. Add your Provider name and contact details to the Privacy Notice [as indicated in the
document]
35. Save a copy of this document onto your local server or PC [select ‘File’ and ‘Save As’].
36. Also save a copy of the document: ‘Additional information regarding Privacy Notices’
onto your local server or PC [select ‘File’ and ‘Save As’].
Issuing the Privacy Notice
37. Display a copy of the Privacy Notice and additional information on your notice board for
visiting parents and carers.
38. Ensure that you have a process in place to make new Parents / Carers / Children aware
of the Privacy Notice. This can be done by including the Privacy Notice in an induction
pack, on the Provider website, or sending via email.
39. You do not have to make new Parents / Carers / Children aware of the additional
information document, as parents and carers can access this information for
themselves via the Council website [as the link for this is published in the Privacy
Notice]. Should parents be unable to access the Council website you should arrange for
a paper copy of the additional information document to be made available upon request.
38
Audit
40. The Council will audit a sample of Providers each year. This is to ensure that;
• funding is paid in accordance with the Kirklees Agreement and the procedures
outlined in this Guide;
• parents receive their Child’s entitlement completely free from the date their Child
becomes eligible as outlined in Section 4.
41. Providers will be contacted by telephone to arrange a convenient time.
42. During a routine audit, the most recent complete term will be checked. This will include
checking;
• the attendance of all funded Children who were on the Provider Headcount
submission;
• Parent Agreements are completed and signed;
• copies of Child identification are kept for all funded Children;
• invoices are issued and clearly identify the free entitlement hours funded by
Kirklees Council;
• financial controls are adequate i.e. production of annual accounts / income and
expenditure statements;
• evidence that FEEC income is reconciled.
43. The following documents must be available on the day of the audit;
• register of funded Children;
• Parent Agreements;
• copies of Child identification;
• copies of parents invoices;
• annual accounts / income and expenditure statements.
The audit may take up to a day, depending on the size of the provision. It may be
necessary for a return visit to be made to complete all the checks.
44. An audit report will be sent approximately 20 working days after the audit detailing any
action required by the Provider.
45. If a Provider receives an audit opinion of ‘Requires Improvement’ or ‘Inadequate’,
Providers will be required to submit an action plan to the Childcare Sufficiency Team to
demonstrate how they will implement the audit recommendations within the required
timescales.
39
46. If the audit identifies that false/incorrect information has been supplied to the Council,
funding will be recouped and the Provider may be removed from the Kirklees List of
Approved Early Education and Care Providers.
47. The Council may, from time to time, carry out ‘spot checks’ on Providers whereby they
will arrive unannounced.
48. Checks may also be made with parents to verify their Child’s details, to check they have
received their Child’s free entitlement from the date their Child became eligible.
40
Appendix A
ESTIMATED ANNUAL BUDGET STATEMENT FOR 3&4YR OLDS 2016-17
Provider Name
2015/16 Actual Funded Children / Hours
Actual Termly Hours
Actual Weeks
Actual Average Weekly Hours
Weekly Full-time Equivalent Places (FTE)
(Actual termly hours divided by termly hours per place)
2016/17 Funding
Estimated Basic Funding @ £4.19 per hour
(Based on 2015/16 actual hours)
Estimated Deprivation Supplement
(Based on 2015/16 actual funding)
Estimated Early Years Pupil Premium (EYPP)
(Based on 2015/16 actual funding)
Total Estimated Funding
FEEC Day Nursery
Summer
Autumn
Spring
Total
Appendix B
FREE EARLY EDUCATION AND CARE ENTITLEMENT – PARENT AGREEMENT
THIS AGREEMENT is made on the
day of
20
BETWEEN
……………………………………………………………………………………………..…………………….…………………………..…….. (“the Provider”)
and ……………………………………………………………………………………..…………...……………………….…………………..… (“the Parent”)
For the Period of the Agreement between ………………………..…….……. and ..………………….………………… ( ………Terms )
The Parent agrees as follows:
1. My Child [insert name] ………………………………………………………………………………..………, is entitled to Free Early
Education and Care for the above Period so long as my Child remains eligible in accordance with the terms
of this Agreement and the Statutory Entitlement, being a maximum of 15 hours each week for a minimum
of 38 weeks in the year (570 hours).
2. The details I have provided overleaf are accurate and true and which I will amend if necessary by informing
the Provider in writing by amending the details overleaf, and to be agreed by the Provider, before the
commencement of each relevant School term. I understand that any false information provided could lead
to my free entitlement funding being withdrawn.
3. My Child’s free entitlement can be provided only by a maximum of two Providers (which can include
nursery schools and primary schools with nursery classes).
4. I will ensure my Child attends the Provider for the number of free hours I have requested and will inform
the Provider of the reason for any absences. I understand the Provider is entitled to terminate this
Agreement if my Child does not attend for ten Provider Working Days and I fail to inform the Provider of
the reason for absence. If the termination occurs within twenty Provider Working Days prior to the end of
the Provider’s funding period of any school term, a reduced notice period will apply.
5. I have to pay the Provider direct in accordance with the Provider’s separate terms and conditions, a copy
of which I have seen;
a. for any additional Services I have requested or received from the Provider in excess of my Child’s
free Statutory Entitlement,
b. for any Services provided by them during any period where I am not entitled to receive funding
from Kirklees Council in accordance with the terms of this Agreement and the Statutory
Entitlement.
6. If I wish to cancel this Agreement I will give the Provider at least twenty Provider Working Days written
notice.
7. Where there is any conflict between the terms of this Agreement and those of the Provider’s separate
terms relating to the Statutory Entitlement, the terms of this Agreement shall prevail.
Signed by the Parent: ………………………………………………………………………….. Date: …………………..……………
Print Name: ……………………………………………………………………………………………………………………………………….
The Provider agrees as follows:
1. I shall provide the Early Education and Care Services to the Child as set out overleaf in accordance with the
FEEC Guide, the terms of this Agreement and the Kirklees Agreement and understand that failure to do so
could result in our receiving no payment, or refunding any payments made to us, and/or removal from the
Kirklees List of Approved Providers.
2. I have checked the Child’s original identification document (i.e. birth certificate) and kept a copy. The
reference number is:………………………………….………
3. I shall enter into the “Kirklees Agreement” with Kirklees Council regarding the provision of Services to the
Child as set out overleaf, except where the Provider is a local authority maintained school.
4. At all times, I will notify the parent in writing and in advance, of the days I am not open for business during
the length of this Agreement (with the exception of weekends, Good Friday, Christmas Day, bank holidays
and any designated public holidays).
Signed by the authorised signatory of the Provider: …………………………………………………………………………..
Date: ………………… Print Name: …………………………………….…… Capacity: …………………………………………………
DATA PROTECTION ACT 1998: Your Provider will issue a “Privacy Notice” to you which explains who your Childs details are shared with and how they are used
1. CHILDS DETAILS
Legal Forename
Legal Surname
Middle name (s)
Preferred Surname
Address including
Postcode
Date of Birth
Gender
Ethnicity
SEN Stage
2. PARENT / GUARDIAN DETAILS - EARLY YEARS PUPIL PREMIUM [optional]
It is important that Parent / Guardian 1 is the Claimant, for example the person named on the Tax Credit Award
Form or Letter from the Department of Work and Pensions.
Data Protection Statement: By providing your details in this section you are agreeing to Kirklees Council using your details to check if your child is eligible to the Early Years Pupil Premium
from age 3 and the Pupil Premium and/or the Free School Meal entitlement when he/she starts school. The Council will not use your details for any other purposes unless required to do so
by law. If you require more details call: 01484 221000 [ask for free early education] or email: [email protected]
Parent / Guardian 1 (Claimant)
Parent / Guardian 2
Forename
Surname
DD
Date of Birth
MM
YYYY
DD
MM
YYYY
Please complete either A, B or C below
A: National Insurance
Number
B: National Asylum Support
Service (NASS) Number
C: My child has left Local Authority Care through adoption, a special guardianship order
or a child arrangements order and I have attached a copy of the care order
Yes
3. ATTENDANCE DETAILS – FOR STANDARD ENTITLEMENT [complete either section 3 or 4]
Early Ed/Care Provider 1 (named overleaf)
Early Ed/Care Provider 2 (if applicable)
Name of Provider
M
Tu
W
Th
F
Total
M
Tu
W
Th
F
Total
Total hours attending
Free early education hrs
Additional childcare hrs
4. ATTENDANCE DETAILS - FOR STRETCHED ENTITLEMENT
Early Education and Care Provider (named overleaf)
Name of Provider
Term
Summer
M
Free early education hours
Tu
W
Th
F
Total
Total hours
in each term
Total weeks
in each term
Total weeks
in year
Autumn
Spring
Signed by the Parent: …………………………………………………………………………….. Date: …………………..……………
Signed by the Provider: ………………………………………………………………………….. Date: …………………..……………
Appendix C
Ethnicity Codes
Code
WROM
WPOR
WOTH
WEUR
WOTW
WIRT
WIRI
WOWB
WENG
WSCO
WBRI
REFU
OAFG
OOTH
OARA
OEGY
OIRQ
OKRD
OOEG
OVIE
NOBT
MWBC
MWBA
MWAS
MWAO
MWAP
MOTH
MAOE
MCOE
MOTM
MWOE
MABL
CHNE
BOTH
BCRB
BNGN
BAFR
BAOF
APKN
AKPA
AOPK
Description
Roma or Roma Gypsy
Portuguese
White Any Other Background
White European
White Other
White Traveller of Irish Heritage
White Irish
Other White British
White - English
White - Scottish
White British
Refused
Afghan
Any Other Ethnic Group
Arab Other
Egyptian
Iraqi
Kurdish
Other Ethnic Group
Vietnamese
Information not Obtained
Mixed White and Black Caribbean
Mixed White and Black African
Mixed White and Asian
White and Any Other Asian Background
White and Pakistani
Any Other Mixed Background
Asian and Any Other Ethnic Group
Chinese and Any Other Ethnic Group
Other Mixed Background
White and Any Other Ethnic Group
Mixed Asian and Black
Chinese
Black or Black British-Any Other Background
Black or Black British-Caribbean
Black - Nigerian
Black or Black British-African
Other Black African
Asian or Asian British-Pakistani
Kashmiri Pakistani
Other Pakistani
AOTH
AKAO
AOTA
AIND
ABAN
WEEU
Asian or Asian British-Any other Asian Background
Kashmiri Other
Other Asian
Asian or Asian British-Indian
Asian or Asian British-Bangladeshi
White Eastern European
Special Educational Needs Code of Practice Stages
Code
SEN Code of Practice Stage
N
K
E
S
No special educational need
SEN Support
Education, Health and Care Plan
Statement of SEN
Appendix D
Termly checklist
When
Action
Who
2
Previous term
1
2
3
Before child is
eligible
Issue information to parents;
• Parent Agreement and Key Facts Statement
• Early Years Pupil Premium Flyer
• Data Protection Act: Privacy Notice
• Request child identification document and take copy [i.e.
birth certificate]
Before the place
begins
Complete parent agreements
• Parents complete and sign the parent agreement
• Provider completes relevant sections, signs and gives a
copy to the parent
Parent
&
Provider
2 weeks before
new term begins
Submit estimate [first opportunity]
• Estimates are submitted via the provider portal
Provider
Provider
New term
4
5
6
7
8
9
10
Week 1
Week 1
Week 3
Interim payment [if estimate submitted 2 weeks before term begins]
A percentage of the termly funding is paid based on the estimate
claim from the provider
Submit actual claim
Providers can begin to submit their actual claim via the provider
portal
• Add, amend and delete children on the current termly
headcount
Submit estimate [final opportunity]
• Estimates are submitted via the provider portal
If an estimate claim is not submitted, an Interim payment will not be
made
Headcount day
[Varies from wk 3
to wk 5]
Date in term used to determine funding
Week 5
Interim payment [if estimate submitted after first deadline]
A percentage of the termly funding is paid based on the estimate
claim from the provider
Day after
headcount day for
3&4 year olds.
2 weeks after for
2 year olds
8 weeks after the
3&4 year old
claim deadline
[note: no submissions are required on headcount day]
The
Council
Provider
Provider
Set by DfE
The
Council
Claim deadline
• Provider must complete submitting details of their claim
• Send confirmation of claim via provider portal or email
Provider
Final payment
The balance of the termly funding is paid
The
Council
3/4
Appendix E
THE TERMS AND CONDITIONS OF THE KIRKLEES AGREEMENT BETWEEN A PROVIDER AND THE COUNCIL
1.
DEFINITIONS AND INTERPRETATION
1.1
In this Agreement, the following words and expressions shall have the following meanings:
“Administrative Charge”
means the administrative charge of £30 which is the sum
calculated as the assessment of the cost of administration time
and expenses to the Council in dealing with the defaults of the
Provider referred to at clause 4.4;
“Agreement”
means the Kirklees Agreement;
“Authorised Officer”
means the Council's Assistant Director for Learning and
Skills or his/her authorised representative;
"Child"
means the child intending to receive, or receiving, the Services;
"Council"
means the Council of the Borough of Kirklees of the Town Hall
Ramsden Street Huddersfield West Yorkshire HD1 2TA a party
to this agreement and providing EYP Funding to the Provider;
“DBS”
means Disclosure and Barring Service;
“Early Years Pupil Premium”
means addition funding for Providers where Children meet
certain criterion as set out in the FEEC Guide, additional
information is required in order to carry out eligibility checks;
“EYFS Statutory Framework”
means the Statutory Framework for the Early Years Foundation
Stage dated September 2014. This framework sets standards
for the learning, development and care of children from birth to
5 years old. All schools and Ofsted-registered early years
providers must follow the EYFS Framework;
"FEEC"
means Free Early Education and Care;
“FEEC Funding”
means the funding released to the Provider in consideration of
providing the Services pursuant to Clause 4.1;
"FEEC Guide"
means either the FEEC PVI Guide or the FEEC Maintained
Guide, which ever is the relevant guide for a particular Provider.
"FEEC Maintained Guide"
means the Council’s Guide entitled “Delivery of Free Early
Education and Care for Two, Three and Four year olds, a guide
for local authority maintained schools and dated March 2016 as
amended from time to time. This Guide shall also apply to an
Academy under the Academies Act 2010 provided that it
provides pupil data to the Council’s School Data Quality Team in
accordance with the FEEC Maintained Guide;
“FEEC PVI Guide”
means the Council’s Guide entitled “Delivery of Free Early
Education and Care for Two, Three and Four year olds, a guide
for private, voluntary and independent Providers and dated
March 2016 as amended from time to time. This guide shall also
apply to an Academy under the Academies Act 2010 where pupil
data is not provided to the Council’s School Data Quality Team
in accordance with the FEEC Maintained Guide;
1.2
“Funding Period”
means the period for which the Provider is provided with funds
for any school term in accordance with the FEEC Guides;
“Headcount (or Census) Day”
means the Headcount Day or the Census Day in each school
term used to determine FEEC funding as set out in the relevant
FEEC Guide;
“Intellectual Property
Rights”
means all copyright, patents or patent rights registers,
and unregistered design rights, trade marks, service marks,
database rights, inventions, know-how and all other intellectual
property rights whatsoever in the world enforceable;
“Kirklees Agreement”
means this Agreement between the Provider and the Council
“Kirklees List of Approved
Providers”
means the council’s List of Approved Early Education
and Care Providers eligible to provide the Services as governed
by Sections 2 and 3 of the relevant FEEC Guide;
"Parent Agreement"
the agreement to be entered into between the parent of the
Child and the Provider referred to in the relevant FEEC Guide;
“Provider”
means the party to this Agreement and a provider of the
Services and who is included in the Kirklees List of Approved
Providers;
“Provider Working Day”
means any day excluding weekends, Good Friday, Christmas
Day, bank holidays, days designated as public holidays or any
day specified by the Provider as not a usual working day for that
provider.
“PVI”
means private, voluntary & independent;
“Services”
means the provision of early education and care services for
eligible children for a period of up to 15 hours each week for a
minimum of 38 weeks in the year (570 hours) during the period
of this Agreement at all times in accordance with this
Agreement, the relevant FEEC Guide, the Statutory Guidance,
the EYFS Statutory Framework, the Parent Agreement and any
additional instructions from time to time given by the Council;
“Statutory Guidance”
means the Early Education and Childcare Statutory Guidance
for Local Authorities dated September 2014;
In this Agreement, unless the context or relevant clause otherwise requires:
1.2.1
the expressions "Council" and “Provider” shall include their respective successors, personal
representatives, employees and permitted sub-contractors and assigns;
1.2.2
reference to any Order, Regulation or Statute whether detailed expressly or incorporated by
general reference, shall be deemed to include a reference to any amendment, re-enactment or
replacement of it;
1.2.3
words importing any gender shall include all genders and the singular includes the plural and
vice versa;
2
1.2.4
reference to Schedules and Clauses shall be construed as reference to schedules and clauses of
this Agreement;
1.2.5
Clause headings are included for ease of reference and shall not affect the interpretation or
construction of this Agreement;
1.2.6
To the extent that there is a conflict between or ambiguity relating to, on the one hand any or all
of the terms in this Agreement and the relevant FEEC Guide or the Parent Agreement, the
wording of the terms and conditions of this Agreement shall prevail.
2.
AGREEMENT
2.1
The duration of this Agreement shall be for a period of 12 calendar Months from the 1st April in the year of
commencement unless terminated sooner or varied in accordance with this Agreement.
2.2
This Agreement constitutes the entire contract between the Council and the Provider in respect of the
Services and, except as may be expressly referred to or referenced in this Agreement, supersedes all
prior representations, submissions, negotiations or understandings with respect to the Services, save
that nothing in this Agreement purports to exclude liability for any fraudulent statement or act.
2.3
No variation or modification of this Agreement shall take effect unless it is in writing and signed by the
Authorised Officer and the Provider.
2.4
If any provision of this Agreement or part thereof should be found to be invalid, ineffective or
unenforceable under any applicable statute or regulation, the remainder of the provisions hereof shall
stay in full force and effect.
3.
THE SERVICES
3.1
The Council hereby engages the Provider to provide the Services and the Provider agrees to provide such
Services in accordance with the terms and conditions set out in this Agreement.
3.2
The Provider warrants that the Services will in all respects comply with this Agreement and that the
Provider shall exercise all due skill, care and diligence as would be expected of an experienced Provider
undertaking work of similar size, scope and complexity to the Services.
3.3
The Provider shall employ a sufficient number of suitably skilled experienced and competent qualified
persons to provide the Services in accordance with the EYFS Statutory Framework within the timescales
required under this Agreement and as evidence of that shall obtain for each of such persons who works
directly with children or who is likely to have unsupervised access to them an enhanced DBS check, or
other such check required by the Council, acting reasonably and shall keep sufficient records to
demonstrate to the satisfaction of the Council that such checks have been undertaken.
3.4
The Provider shall liaise with the Authorised Officer and shall comply with the reasonable request of the
Authorised Officer in connection with the Services and shall use his best endeavours to promote the
interests of the Council in connection with the Services and shall keep the Authorised Officer fully
informed of all changes to the Provider’s relevant circumstances during the period of this Agreement.
3.5
A senior member of the Provider's staff must be nominated promptly by the Provider to act as the
Provider's representative to liaise with the Authorised Officer as required in connection with the Services
and to attend any officer and other meetings to be convened within the Kirklees District in respect of
which the Provider has received prior notification whether under Clause 5 or otherwise.
3.6
Except as otherwise expressly specified in any Schedule to this Agreement:3.6.1
the Provider shall provide everything necessary for the proper performance of the Services;
3
3.6.2
all consents and permissions necessary in connection with the Services shall be the
responsibility of the Provider.
3.6.3
the Provider shall enter into a Parent Agreement with the parent of each Child to whom it
provides Services prior to commencement of the first school term and shall inform the Council
as soon as practicable of any withdrawal of the Services prior to the Headcount Day under the
Parent Agreement.
3.6.4
the Provider shall inform the council as soon as practicable of any amendments to the Parent
Agreement during the term of this Agreement.
3.7
The Authorised Officer shall be entitled (but not unreasonably or vexatiously) to require the Provider
forthwith upon issue of notice in writing (or upon expiry of 7 days’ notice in writing where it is practicable
to give 7 days’ notice) to remove from the provision of the Services any personnel specified in such notice
if the Authorised Officer has reasonable grounds for believing that such person’s conduct or ability is not
of a sufficient standard for the proper provision of the Services and the Provider shall forthwith remove
such person from the provision of the Services and immediately provide a replacement unless the
Council determines, in writing, otherwise.
4.
FINANCIAL AND REPORTING ARRANGEMENTS
4.1
In consideration of the performance by the Provider of its obligations in accordance with this Agreement,
the Council will pay the Provider the FEEC Funding in accordance with the terms and at the rates set out
in the relevant FEEC Guide for each Funding Period and so long as this Agreement and the Parent
Agreement subsists and the Provider is and remains eligible to be a included in the Kirklees List of
Approved Providers and at all times satisfies the conditions of eligibility to be a included in the Kirklees
List of Approved Providers as set out in the said relevant FEEC Guide.
4.2
The FEEC Funding referred to in Clause 4.1 shall be payable subject to the Provider providing the
information and documentation in accordance with the relevant FEEC Guide
4.3
Except as otherwise expressly set out in this Agreement the FEEC Funding shall be inclusive of all costs,
expenses and disbursements in connection with the Services including without limitation, all fees, labour,
equipment, goods, materials, transport, insurance, administration, operating costs, telephones, faxes,
profit and all general risks, taxation, duties, liabilities and obligations set out in or implied as necessary to
comply with this Agreement.
4.4
In default of the Provider filing with the Council Headcount information or other documentation which is
incomplete or not received within the deadlines required by the relevant FEEC Guide, the Council may
apply the Administrative Charge on each and every such occasion and which sums shall be deducted
from the FEEC Funding due to be paid to the Provider under Clause 4.1 or if applicable be recoverable by
the Council by the issue of separate invoices.
4.5
All sums payable under this Agreement are unless otherwise stated exclusive of Value Added Tax and at
all times are subject to and conditional upon funds having been first received by the Council from its
funders.
4.6
The Council shall not be liable in respect of any contractual or statutory claims in respect of late Funding
of debts unless the Council has received written notice of such claim from the Provider within 60 days of
the due date.
4.7
Save for Local Authority maintained schools, the Provider has no employee status with the Council and
shall be responsible for making or procuring appropriate PAYE deductions for tax and national insurance
or similar contributions in respect of the Provider’s fees and from the remuneration which it pays to its
personnel. The Provider agrees to indemnify the Council in respect of all claims or demands which may
be made in respect of income tax or national insurance or similar contributions in connection with the
provision of the Services.
4
4.8
The Council may at their discretion withhold and/or require repayment from the Provider any or all of the
FEEC Funding referred to at Clause 4.1, at any time during the period of this Agreement and within 6
years thereafter, if;
(a)
The Council’s funders recoup monies from the Council;
(b)
The Council has made Funding in excess of the FEEC Funding due to the Provider under Clause
4.1;
(c)
The Provider has failed to take sufficient measures to investigate and resolve any irregularity in
the course of its providing the Services;
(d)
This agreement is terminated pursuant to Clause 13 or any of the grounds reasonably exist under
clause 13;
(e)
The Provider has failed to employ any part of the said FEEC Funding in providing the Services in
accordance with this Agreement;
(f)
The Provider is in serious breach of the terms of this Agreement or the relevant FEEC Guide;
(g)
The Council has reasonable evidence that the Provider is in financial difficulties by its failing to
pay its debts when they fall due.
4.9
The Authorised Officer or the Council’s Director of Finance shall at all times have access to financial
information about the Provider and to the accounts records and all other documentation of the Provider
and be entitled to seek and receive explanations from officers of the Provider, or where applicable from
the Department of Education, regarding the Provider’s deployment of the FEEC Funding, within seven
Provider Working Days of making a request to the Provider in writing.
5.
REVIEWS
5.1
The Provider shall co-operate with any officers of the Council or any member of the Quality Improvement
Team and attend meetings requested by the Council with a view to reviewing and promoting improvement
in the Provider’s performance of the Services.
6.
ASSIGNMENT
6.1
The Provider shall not transfer, charge or assign directly or indirectly to any person or persons
whatsoever this Agreement or any part thereof, without the prior written consent of the Council.
7.
STATUTORY AND OTHER REQUIREMENTS
7.1
In the performance of this Agreement, the Provider shall comply with all statutory requirements,
regulations and other provisions to be observed and performed in connection with the Services.
7.2
The Provider shall not do anything to cause any infringement by the Council of its obligations under the
Human Rights Act 1998 or any other human rights law.
7.3
The Provider shall comply and shall procure that its employees, subcontractors and agents comply with
the Freedom of Information Act 2000 and the Environmental Information Regulations 2014 any Codes of
Practice in so far as these place obligations upon the Provider in the performance of its obligations under
this Agreement.
7.4
The Provider accepts that the Council may be required to disclose information relating to this Agreement
or Provider to a person in order to comply with its obligations under the Freedom of Information Act 2000
and/or other legislation. Such information may include, but shall not be limited to, the name of the
Provider, the overall contract price and details of the provisions of this Agreement.
5
7.5
The Provider shall not do anything to cause any infringement by the Council of its obligations under the
Freedom of Information Act 2000 and any Codes of Practice and shall facilitate the Council’s compliance
and comply with any reasonable request from the Council for that purpose.
8.
ASSISTANCE IN LEGAL PROCEEDINGS AND OTHER INVESTIGATIONS
8.1
If requested to do so by the Authorised Officer, the Provider shall provide, if applicable through the
Department of Education, to the Council any relevant information (including but not limited to
documentation and statements from its personnel) in connection with any legal inquiry, arbitration or
court proceedings in which the Council may become involved, or any relevant disciplinary hearing internal
to the Council, arising out of or in connection with the provision of the Services or any other of the
Provider’s obligations under this Agreement, and the Provider shall give evidence in such enquiries,
arbitrations, proceedings or hearings.
8.2
The Provider shall co-operate with any investigation of any complaint or other matter arising from actions
of the Provider (including but not limited to investigations by the Local Government Ombudsman or the
Council’s internal or external auditors) and will comply with the Council’s decisions relating to the
outcome of such investigation.
9.
INDEMNITY AND INSURANCE
9.1
The Provider shall hold the Council and its employees harmless and indemnified against all claims,
costs, charges, damages and expenses due to loss, damage or injury (including death) which arises out of
or in connection with any act, omission or neglect (including without limitation breach of this Agreement
or of any enactment or subordinate legislation) on the part of the Provider, its employees, subcontractors, agents or other persons for whom the Provider is responsible.
9.2
The Provider shall maintain the following comprehensive insurance(s);
9.2.1
Public liability insurance with a level of cover of not less that £5,000,000 in respect of any one
claim or series of claims arising out of any one incident and unlimited in any one year; and
9.2.2
Employers’ liability insurance, if applicable, to comply with statutory requirements;
9.3
The Provider shall promptly produce to the Council satisfactory evidence of such insurance, when
reasonably required.
10.
INTELLECTUAL PROPERTY RIGHTS
10.1
The Council agrees
10.1.1 that all Intellectual Property Rights owned at the date of this Agreement by the Provider and used
in the provision of the Services shall remain so owned;
10.1.2 to hereby grant to the Provider a non-exclusive non-transferable, royalty-free licence to use the
Council’s Intellectual Property Rights only to the extent that and for so long as such use is
necessary for the provision of the Services.
10.2
The Provider agrees:
10.2.1 that all Intellectual Property Rights owned at the date of this Agreement by the Council shall
remain so owned;
10.2.2 to hereby grant to the Council a non-exclusive, non-transferable, royalty-free licence to use the
Provider’s Intellectual Property Rights and generated Intellectual Property Rights in connection
with the exercise of the Council’s functions.
6
10.3
The Provider hereby agrees to indemnify the Council against all actions, claims, demands, proceedings,
damages and costs arising from or incurred by reason of any infringement or alleged infringement of
Intellectual Property Rights owned by the Provider.
11.
CONFIDENTIALITY
11.1.1 Except in any of the circumstances specified in Clause 11.2, all reports, data, designs, drawings and other
documents and information relating to the Services and all documents and information relating to the
Council’s or its client’s technology, business affairs or finances or those of its contractors or potential
contractors whether supplied by the Council or derived therefrom or obtained by the Provider or which
may come into its possession shall be treated in strict confidence and shall not be disclosed or made use
of by the Provider during the course of this Agreement or after its expiry or termination, without the prior
written consent of the Council and the Provider shall ensure that its employees, subcontractors and
agents are under an equivalent duty of confidentiality in respect of such documents and information.
11.2
The obligations of confidentiality set out in Clause 11.1 shall not apply to:
11.2.1 any use or disclosure authorised in writing by the Council;
11.2.2 any use or disclosure necessary for the proper performance of the Provider’s obligations under
this Agreement;
11.2.3 documents and information:
11.2.3.1
which is in, or has become part of, the public domain other than as a result of a
breach of the Provider’s obligations under this Agreement;
11.2.3.2
which was lawfully in the possession of the Provider at the date of commencement
of this Agreement;
11.2.3.3
independently disclosed to the Provider by a third party entitled to disclose the
same;
11.2.3.4
required to be disclosed by law.
11.3
The Provider shall return to the Council within seven days of a written request all confidential information
including all copies.
12.
CONFLICTS OF INTEREST
12.1
In the event that the Authorised Officer reasonably considers there is a risk of actual or potential conflicts
of interest in connection with or arising from this Agreement, a system for dealing with such conflicts of
interest must be agreed with the Authorised Officer. The Provider shall ensure that its system meets all
relevant professional Codes of Practice and if necessary shall amend it to ensure that it continues to do
so throughout the period during which the Provider is responsible for providing the Services. The
Provider shall also ensure its system is observed at all times during such period and that it prevents the
occurrence of situations, not only where a conflict has arisen, but where one is likely to arise.
12.2
The Provider shall ensure that, in accordance with the requirements of this Agreement and the agreed
system, it is loyal to the Council and avoids any situation which might be seen to put its loyalty in doubt.
12.3
All conflicts of interest must be declared promptly to the Authorised Officer.
13.
TERMINATION
13.1
The Council may forthwith terminate this Agreement upon giving prior written notice to the Provider if the
Provider:
7
13.1.1 has made any material misrepresentation prior to entering this Agreement;
13.1.2 is in remediable breach of this Agreement and such breach is not remedied within a reasonable
period stated in any notice issued by the Authorised Officer;
13.1.3 commits a breach of this Agreement which is not capable of remedy or is in persistent or
recurrent breach of its obligations thereunder;
13.1.4 shall commit any act of bankruptcy, or if (the Provider being a company) proceedings shall be
commenced for the winding up of the Provider or if the Provider shall make any arrangements or
composition with its creditors, or if a Receiver or Administrative Receiver or Manager on behalf of
a creditor is appointed, or if the Provider shall suffer any execution to be levied on its goods;
13.1.5 does anything improper to influence the Council to give the Provider any contract or commits an
offence under the Prevention of Corruption Acts 1889 to 1916 or under Section 117(2) of the Local
Government Act 1972 or under the Bribery Act 2010;
13.1.6 is guilty of any gross misconduct or guilty of any conduct which the Council reasonably considers
to be prejudicial to the Council’s interests.
13.2
The Agreement shall terminate automatically if the Council is no longer in receipt of funding to enable the
Provider to perform the Services.
13.3
Termination of this Agreement shall be without prejudice to the rights of the Council or liabilities of the
Provider accrued hereunder.
14.
EQUALITY
The Provider shall ensure that no recipient of the Services receives less favourable treatment on the grounds of
gender, sexual orientation, colour, race, nationality, ethnic or cultural origin, religious persuasion, disability or
age or any other grounds prohibited under the Equality Act 2010 or any other equality legislation and that the
recipient of the Services is not disadvantaged by conditions or requirements which cannot be justified, to the
satisfaction of the Council.
15.
WAIVER
The failure by either party to enforce at any time any of the provisions of this Agreement or to require at any time
performance by either party of any of the provision hereof, shall in no way be construed as a waiver of such rights
nor in any way affect the validity of this Agreement or any part thereof or the right of either party thereafter to
enforce each and every provision.
16.
AGENCY
16.1
Except to the extent otherwise expressly stated in this Agreement the Provider, or in respect of Local
Authority maintained schools, is not and shall in no circumstances hold itself out as being the servant or
agent of the Council.
16.2
The Provider is not and shall in no circumstances hold itself out as being authorised to enter into any
contract on behalf of the Council or in any other way bind the Council to the performance, variation,
release or discharge of any obligations.
16.3
The Provider has not and shall in no circumstances hold itself out as having the power to make, vary,
discharge or waive any by-law or regulation of any kind.
8
17.
RECORDS AND INFORMATION
17.1
The Provider must maintain correspondence, accurate records, the Parent Agreement and other
documents relating to the Services and retain these for at least seven years from the date of completion
of the Services, with the exception of copies of Children’s identification documents which must be
retained for two years from the date of completion of the Services, and shall allow at all reasonable times
access by the Authorised Officer or her agents to such records and documents, directly or where
applicable through the Department of Education, which must be kept separately from records not
relating to the Services and provide copies thereof.
17.2
The Provider shall promptly provide such information relating to the Services as is reasonably requested
by the Authorised Officer from time to time.
18.
EXCLUSION OF THIRD PARTY RIGHTS
This Agreement does not create any right enforceable by any party not a party to it, except that a person who is
the permitted successor or assignee of the rights of a party to the Agreement is deemed to be a party to the
Agreement.
19.
NOTICES
19.1
All notices required by or relating to this Agreement shall be in writing and shall be sent by prepaid first
class post, delivered by hand or by fax to the parties at their address specified in this Agreement or to
such other address as may be notified in writing.
19.2
All notices shall be deemed duly given on the second Provider Working Day following the date of posting
or if delivered by hand or sent by fax, immediately when the notice is transmitted.
20.
LAW
This Agreement shall be considered as a contract made in England and subject to English law.
9
Appendix F
REGISTER REQUIREMENTS
Providers need to supply their own registers which meet Ofsted and Kirklees Audit requirements.
The minimum requirements for Kirklees Audit are shown below.
Week commencing ………………………………….….…………..
Child’s Name
Date of
Birth
Monday
AM
In
Tuesday
PM
Out
In
AM
Out
In
Wednesday
PM
Out
In
AM
Out
In
Thursday
PM
Out
In
AM
Out
In
Friday
PM
Out
In
AM
Out
In
PM
Out
In
Out
1
2
3
Total funded children
Signature 1 ……………………………….……………………..…… Signature 2 ……………………………………………...….………………… Date ………………………………………………………………
Additional requirements /notes
 Registers must be completed in pen, tippex must not be used. If a mistake is made a note should be entered where possible and
initialled.
 If a computer system is used, pages must be securely filed in date order.
 Absence should be recorded as follows; H for holiday S for sickness U for unknown M for Medical appointment
Appendix G
Appendix H
Free Early Education & Care Funding Calendar 2016 - 17
Claim Deadlines and Payments
Summer Term: First estimate deadline - 24 March 2016
H
4
5
6
7
8
9
10
APRIL
1
2
11 18
12 19
13 20
14 21
15 22
16 23
17 24
M
T
W
T
F
S
S
H
1
2
3
4
5
6
7
AUGUST
H
H
8
15
9
16
10 17
11 18
12 19
13 20
14 21
Week no.
12
Week no.
M
T
W
T
F
S
S
Week no.
M
T
W
T
F
S
S
H
1
2
3
1
2
3
4
3
25
26
27
28
29
30
3
1
H
22
23
24
25
26
27
28
DECEMBER
13 14 H
12 19
5
6
13 20
7
14 21
8
15 22
9
16 23
10 17 24
11 18 25
H
29
30
31
4
2
3
4
5
6
7
8
H
1
2
3
4
H
26
27
28
29
30
31
H
1
1
2
3
4
5
6
7
8
MAY
5
6
9
16
10 17
11 18
12 19
13 20
14 21
15 22
7
23
24
25
26
27
28
29
SEPTEMBER
1
2
3
5
12 19
6
13 20
7
14 21
8
15 22
9
16 23
10 17 24
11 18 25
JANUARY
2
3
16
9
10 17
11 18
12 19
13 20
14 21
15 22
4
23
24
25
26
27
28
29
H
30
31
1
2
3
4
5
JUNE
8
9
6
13
7
14
8
15
9
16
10 17
11 18
12 19
10
20
21
22
23
24
25
26
11
27
28
29
30
5
3
4
5
6
7
8
9
OCTOBER
6
7
10 17
11 18
12 19
13 20
14 21
15 22
16 23
H
24
25
26
27
28
29
30
8
31
H
4
26
27
28
29
30
4
1
2
5
30
31
5
1
2
3
4
5
FEBRUARY
6
7
H
6
13 20
7
14 21
8
15 22
9
16 23
10 17 24
11 18 25
12 19 26
11
1
2
3
12
4
5
6
7
8
9
10
8
1
2
3
4
5
6
8
27
28
8
1
2
3
4
5
JULY
13 H
11 18
12 19
13 20
14 21
15 22
16 23
17 24
H
25
26
27
28
29
30
31
NOVEMBER
9
10 11
7
14 21
8
15 22
9
16 23
10 17 24
11 18 25
12 19 26
13 20 27
MARCH
9
10
6
13
7
14
8
15
9
16
10 17
11 18
12 19
11
20
21
22
23
24
25
26
12
28
29
30
12
27
28
29
30
31
The school term week numbers are shown along the top of each month. H stands for school holiday.
Provider Deadlines
Payments / Other Key Dates
Terms
Term Dates
Term Time Weeks
Funded Weeks
Estimate claim deadline
3 & 4 year old claim deadline (& Census)
2 year old claim deadline
Kirklees Agreement
New Child (after Headcount) claim deadline
Estimate (interim) payment
Final (Actual) payment
Headcount Day (& Spring Census)
Budget Statement
Summer 16
Autumn 16
Spring 17
11 April - 20 July
05 Sept - 16 Dec
03 Jan - 07 Apr
13.4
14.0
12.8
12
14
12
40.2
38
Total
Appendix I
Governance Structure for
Free Early Education and Care Funding
Cabinet
Portfolio Holders
Schools Forum
Learning Board
Early Learning and Childcare
Management Group
Representation:
- TQI Senior Manager Early Learning &
Childcare
- TQI Early Learning Improvement Manager
- Childcare Improvement Manager
- Childcare Sufficiency Manager
Early Learning and Childcare Strategic
Group
Representation:
- Local Authority Officers
- School Improvement Advisors
- Kirklees Primary Headteachers
- Independent Schools
- Out of School and Holiday Clubs
- Research and Information
- Childrens Centres
- Pre-school Learning Alliance
- National Day Nurseries Association
- Professional Association for Childcare and
Education
Free Early Education and Care Working
Group
Representation:
- Local Authority Early Learning and Childcare
Officers
- Local Authority Finance Officers
- Kirklees Primary and Nursery Headteachers
- Pre-school Learning Alliance
- National Day Nurseries Association
- Professional Association for Childcare and
Education
Correct at time of publication, may be subject to change.

Delivery of Free Early Education and Care for two

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