Frequently Asked Questions about the EYFS
Does the EYFS require there to be a teacher present in nursery classes
in maintained schools?
Yes. The EYFS requires that, in provision for children aged three and over in maintained schools (except for children in reception classes) there must be at least one member of staff for every 13 children. At least one member of staff must a be a 'school teacher' as defined by Section 122 of the Education Act 2002 and the Education (School Teachers' Prescribed Qualifications, etc) Order 2003. One member of staff must hold a level 3 qualification. The requirement to have a teacher is not new. Since 2003, the School Teacher's Pay and Conditions Document has required head teachers to ensure that, save in exceptional circumstances, a teacher is assigned to each class or group of pupils in the foundation stage.
Does the EYFS require that there must be a teacher present with the children in a nursery class all of the time?
No. The EYFS requires that the teacher must be present except during non-contact time, breaks and short term absence. Examples of teachers' non-contact time include planning, preparation and assessment (PPA) time or because he or she is a Newly Qualified Teacher on a reduced timetable. For the purposes of the EYFS, examples of short-term absence include times when the teacher must leave the children briefly e.g. to take an urgent telephone call or to speak to a parent, or special occasions such as the children's Christmas party when the teacher's particular skills and expertise are not necessarily required. Headteachers should exercise their professional judgement in determining where cover from another teacher is required.
What should the staffing arrangements during
teachers' non-contact time or short term absence?
During teachers' non-contact time and wherever possible during
short-term teacher absence, one of the remaining members of staff should meet
the following conditions:
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they must be assisting or supporting the work of a teacher
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they must be subject to the direction and supervision of a qualified teacher in accordance with arrangements made by the headteacher
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the headteacher must be satisfied that they have the skills, expertise and experience necessary.
The EYFS does not require schools to change the way in which they currently manage PPA time. These are the conditions set out in the regulations made under Section 133 of the Education Act 2002 and which must be met by support staff carrying out 'specified work'. See also Time for Standards: Guidance accompanying the Section 133 Regulations under the Education Act 2002. This is available here.
Are maintained schools required to adjust their adult:child ratios at times when the teacher is not present with the children?
No. The requirement that there must be at least one member of staff for every thirteen children remains the same at all times during the school day regardless of whether the teacher is present.
What should the staffing arrangements be in maintained schools in before and after school provision and holiday provision?
The EYFS recommends that there should be a minimum of one member of staff for every eight children, that one member of staff should hold a level 3 qualification and that half all other staff should hold level 2 qualifications.
What should the staffing arrangements be in maintained schools during lunchtimes and breaktimes?
The EYFS does not include ratio and qualification requirements for maintained schools during lunchtimes. However, under the Health and Safety at Work etc Act 1974, the statutory responsibility for the health and safety of pupils within a school rests with the employer of staff at the school. As part of this duty, a risk assessment should be undertaken for all activities, including lunchtimes, to assess the level of supervision that is required. This risk assessment should take into account the particular needs and vulnerabilities of children in the EYFS.
What are the ratio and qualification requirements for reception classes in maintained schools?
The EYFS does not place ratio and qualification requirements on reception classes in maintained schools provided they fall within the legal definition of an infant class (i.e. a class containing pupils the majority of whom will reach the age of five, six, or seven during the course of the school year). Such classes are already subject to infant class size legislation which requires that an infant class must not contain more than 30 pupils while an ordinary teaching session is conducted by a single 'school teacher' (as defined by section 122 of the Education Act 2002 and the Education (School Teachers' Prescribed Qualifications, etc) Order 2003). However, children attending reception classes are still part of the EYFS and schools should take account of the particular needs and vulnerabilities of these children when making their staffing arrangements. Many schools already employ full time support staff to work alongside teachers in reception classes.
Who is included in the legal definition of a school teacher?
The term 'school teacher' is as defined by section 122 of the Education Act 2002 and the Education (School Teachers' Prescribed Qualifications, etc) Order 2003. 'School teachers' include:
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headteachers
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qualified teachers
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overseas trained teachers
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instructors with special qualifications or experience
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staff on an employment-based teacher training scheme
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graduate teachers
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registered teachers
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student teachers
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teacher trainees yet to pass the skills tests
'School teachers' do not include teaching assistants, higher-level teaching assistants or other support staff. However, support staff are able to carry out 'specified work', in certain circumstances. See Time for Standards: Guidance accompanying the Section 133 Regulations under the Education Act 2002 for further information. This is available here.
The EYFS ratio requirements vary according to the age of the children. In many settings children are not grouped in ways that directly reflect the way in which the requirements are set out. How should the requirements be applied in these circumstances?
Providers should use their professional judgement in deciding which staffing arrangements are most appropriate for their specific circumstances. In all circumstances, the provider is responsible for ensuring that the legal requirements are met. It may be helpful to think about how each of the constituent parts would be staffed if they operated separately for example, if a group is made up of children aged two and three, how many staff would be required for the two-year-olds if they were in a group of their own, and how many staff would be required for the three-year-olds.
How will Ofsted apply the ratios regarding the ages of the children who can be cared for? Currently a four-year-old who is attending school full time can be counted as over five years old for the purposes of the adult:child ratio. If this arrangement is not continued it will affect numbers and sustainability of childminding settings. What is the position on this likely to be?
The National Standards stipulate that four-year-old children who attend 10 early-education sessions a week may be classed as children over five for the purpose of adult:child ratio. The EYFS Statutory Framework document uses slightly different wording. It states that four— and five-year-old children who only attend the childminding setting before and/or after the school day may be counted as over five for the purposes of the adult:child ratio. The change in wording does not result in a change in the legal requirement. Reference is made to children attending the childminding setting before and after the school day only to specify which children may be counted as five. Therefore, the EYFS does not prevent four— and five-year-olds who attend school full time from being counted as over fives during the school holidays.
If a nursery class in a maintained school has more than 26 children, is an additional teacher required?
The EYFS recommends that, where the size of a group or class exceeds 26 children, it would be good practice to assign an additional teacher to it and that an additional teacher should always be assigned when the size of a class exceeds 30.
Does the requirement that there must be someone on the premises and on outings that has a paediatric first aid certificate apply to schools as well as registered providers?
Yes. This requirement applies to maintained and independent schools as well as to registered providers.
In a setting that only cares for older children, say four— and five-year-olds, does the paediatric first aid certificate need to cover first aid for babies?
No. We have amended the criteria for effective paediatric first aid training on page 21 of the Practice Guidance booklet. First-aid training should be appropriate to the age of the children being cared for.
May providers give children medicines which have not been prescribed for them e.g. pain and fever relief and teething gel?
Yes. We have amended the statutory guidance in the EYFS to reflect that providers may give children non-prescription medication when they have prior written consent from the parent and when there is a health need to do so. However, children should never be given medicine containing aspirin unless it has been prescribed by a doctor.
Does the EYFS require providers to keep medicines in a locked container?
No. We have amended the statutory guidance in the EYFS. Except in the case of controlled drugs (the supply, possession and administration of which is controlled by the Misuse of Drugs Act 1971) there is no requirement that medicines should be locked away. Medicines which may be needed quickly in an emergency should not be locked away. Medicines should be stored strictly in accordance with product instructions and in the original container.
Why have you changed the wording of the legal requirement about carrying out risk assessments for outings?
The original wording of this requirement required providers to carry out a risk assessment for each specific outing. We have amended this to require them carry out a risk assessment for each type of outing. The risk assessment should be reviewed before each outing. This change has been made in response to concerns that it would be disproportionate to carry out a risk assessment for each outing.
What is meant by the terms 'child-initiated' and 'adult-led'?
When a child engages in a self chosen pursuit, this is child initiated activity. For example, a child might elect to play with a fire engine — fitting the driver behind the steering wheel, extracting the driver, replacing the driver, throwing the driver back into a box and introducing a different driver. Another instance of a child-initiated choice may be where a child takes ownership of an activity and 'subverts' it to a different purpose than intended. For example, a child might prefer to pour water into a hole to make a puddle rather than watering the plants as the adult intended. Other child-initiated activities may be instigated when the child brings something to the setting — such as an experience of having been on a bus or visiting hospital. This might lead to the provision of resources, stories and pictures to support this interest. Small group times are a good example of an adult-led activity — the adult has selected the time to encourage a particular aspect of learning, or discuss a particular topic. The adult may introduce a particular material, skill or idea. Often when an adult initiates an activity, for example demonstrates the skill of weaving, the child's need for adult involvement will decrease over time as they master the skill.
Are all children expected to achieve the early learning goals?
No. The early learning goals establish expectations for children's learning and development by the end of the EYFS. Practitioners are expected to support all children in working towards these goals, but there is no expectation that all children should achieve them. Young children learn and develop at different rates and in different ways. The EYFS places a strong emphasis on meeting children's individual needs. Practitioners should provide a range of play-based activities which will support each child to take the next steps in their development at the pace that is right for them.
Will the EYFS will require the formal teaching of
literacy and numeracy in the early years?
No. Young children learn best through play and the EYFS expects
practitioners to provide a range of play-based activities to support
children's learning and development. Appendix 2 of the Practice Guidance
for the Early Years Foundation Stage provides examples of the types of
activities that practitioners might provide at each stage in a child's
development such as providing opportunities for babies to make marks in paint
or with thick crayons and including opportunities for writing in role play
activities for older children.
Does the EYFS require children to use
computers?
There is no requirement in the EYFS to use computers, televisions, or any other
specific form of technology. Rather, the EYFS says that children should have
the chance to find out about everyday technology through their play as part of
understanding the world around them. This might be through playing with
electronic or programmable toys, or through exploring how a light switch works.
One of the early learning goals is that children should find out about and
identify the uses of everyday technology and use information and communication
technology and programmable toys to support their learning. Practitioners are
expected to support children to work towards the early learning goals at a pace
that meets their individual needs. It is a matter of practitioners'
professional judgment how and at what pace any individual child should be
supported.
Will the EYFS require childminders to complete lots of extra paperwork?
No. The EYFS does not require childminders to keep written copies of their policies and procedures providing they are able to clearly explain them to parents and others when required. The EYFS expects practitioners to observe children's progress and respond appropriately to help them to take the next steps in their development and make progress towards the early-learning goals. This is something a good practitioner will already be doing as part of their everyday practice. For example, a practitioner may notice that a child currently has a particular interest in water — repeatedly pouring water from one container to another and back again. As a result, the practitioner may provide lots of opportunities for the child to continue exploring this area. Although it may sometimes be helpful to note down observations, it is not a requirement to do so. A certain amount of planning is required to ensure that children are provided with a varied range of activities which will engage their interest and foster their developing skills and abilities, but the EYFS does not prescribe what form that planning should take or how it should be recorded.
Will before and after school clubs, holiday play
schemes and childminders who provide wraparound care have to implement the
EYFS?
Yes, if they are registered on the Early Years Register, but it will
not require effective practitioners to make significant changes to their
practice. The EYFS places strong emphasis on meeting children's individual
needs. A child's needs will be very different after a busy day at school,
for example, than they will be during the school day. There is no expectation
that out of school provision should seek to replicate the type of experience a
child will receive in school. 4 Children have produced a leaflet which
provides further guidance on the application of the EYFS to out of school
settings. It is available to download here.
Will parents still be able to choose the type of
early-years provision which best suits their child?
All early years provision in Ofsted registered childcare settings and
maintained and independent schools will be required to implement the EYFS from
September 2008. However, parents will continue to have the choice about the
type of provision their child receives as the Government believes that
alternative approaches can work well alongside the flexible approach of the
EYFS. The EYFS sets the standards for the care, learning and development young
children should experience when they attend a setting outside the family home.
It will ensure they receive a high quality experience regardless of the type of
setting they attend. It expects practitioners to meet children's individual
needs and support them in taking the next steps in their development. However,
it does not prescribe the approach that practitioners should take — they
have complete flexibility in the way in which they do this.
Will before-and after-school clubs and holiday
play schemes have to offer the EYFS?
Yes they will, but this does not mean that play settings have to radically
change existing good practice. As long as play settings adhere to the Playwork
Principles1 they will be in a good position to meet the EYFS
requirements.
Will before-and after-school clubs and holiday
play schemes have to do the Early Years Foundation Stage Profile
(EYFSP)?
No. As with the Foundation Stage Profile now, the final observational
assessment — or Early Years Foundation Stage Profile — will be
recorded at the end of the reception year by the setting which offers the
majority of the child's EYFS provision — in almost all cases this
will be the reception teacher. The requirement for partnership between settings
means that teachers may ask other settings to feed in their observations on
children throughout the reception year. It is up to schools and settings to
make their own arrangements for doing this.
What about the requirement for ongoing
assessment?
All good practitioners observe children to see what support they need for their
play and development. Playworkers need to be aware of the children's
individual needs and preferences in order to provide the appropriate
environment and to ensure that children are engaged in play opportunities that
each child finds interesting and rewarding.
Do before-and after-school clubs and holiday play
schemes have to teach reading and writing?
The EYFS does not require settings to teach reading and writing to
children, nor should play schemes be seeking to replicate the experience that
children receive in school. However, there will be occasions where children
need support on specific issues (e.g. a child may have problems with speaking
and listening which mean that they need additional attention from the
playworkers and the opportunity for more conversation) or there may be play
opportunities that would support activities that are taking place in the
classroom. A close partnership with the school will enhance the children's
development.
1 The Playwork Principles can be found on the SkillsActive website.
Last updated: 02 June 2008
