Question and answer: 30 hours and childminder ratios for children who attend school nursery

In a recent article in Nursery World magazine childminders were informed that we can organise a variation if a child attends full time SCHOOL nursery for their funded hours -

Ratios made more flexible for childminders with 30-hours children | Nursery World

Childminders had a number of follow-up questions which I have worked with Ofsted and Dept for Education to answer.

You might find it useful to read the article first and then look through the following Q & A for answers...

I hope you find it helpful


QUESTION: If the wrap around care is run by the school and works on the 1:30 ratio for reception and over and they are now taking the early years and their funding, do they have to follow the EYFS?

ANSWER: The requirements in the EYFS in footnote 5 on page 7 and paragraph 3.40 will continue to apply even where there is free entitlement funding. This means that for reception age children in before and after school and school holiday provision, providers don't need to deliver the learning and development requirements and there must be sufficient staff as for a class of 30 children.

For younger children providers, 'should continue to be guided by but do not have to meet the learning and development requirements.'

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QUESTION: A school local to us have a nursery, it's in a class room attached to the school but it is privately owned - not run by the school. Does it count as a school nursery?

ANSWER: This sounds like a private provider so no, it is not the same a school nursery.

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QUESTION: What about nursery or pre-school - why does this new rule only refer to school?

ANSWER: this rule refers to the 2 session issue that the DfE have stipulated. So if a child is doing mornings only or afternoons only at a preschool, it is not the same. They need to be doing sessions of (approximately depending on the school) 9am - 3pm.

Although paragraph 3.42 of the EYFS makes reference to four- and five-year-olds, the exceptions to the usual ratios could also apply to three-year-olds taking up their additional 15 hours funded childcare place in a school.

The examples of permitted exceptions included in para 3.42 are illustrative. This means that there may be other circumstances under which exceptions could be made. However, any exceptions to ratios adopted by the childminder (for whatever reason) are subject to the childminder demonstrating to parents and carers and to Ofsted on inspection that the individual needs of all children are being met consistently.

Where a childminder takes advantage of an exception to ratios but is unable to evidence that all children's needs continue to be met they must revert back to the standard ratios as described in paragraph 3.41.

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QUESTION: What does 'invoke the exception mean'?

ANSWER: It means that a childminder can use their discretion to apply an exception as long as s/he can demonstrate that the needs of all the children are met, without worrying that Ofsted inspectors will impose a penalty for not sticking exactly to the ratio terms. In all circumstances the total number of children under the age of 8 being care for at any one time, must not exceed 6.

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QUESTION: Does that mean we can call the children 'rising 5'?

ANSWER: No - they are not classed as rising 5s if they are actually 3 or just turned 4. However, any exceptions to ratios provided within the EYFS, adopted by the childminder (for whatever reason) are subject to the childminder demonstrating to parents and carers and to Ofsted on inspection that the individual needs of all children are being met consistently.

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QUESTION? Do we still have to do record keeping for the children? What about if they’re only with us for a couple of hours a day, for tea for example?

ANSWER: Childminders caring for children from ages 0 - 5 must follow the EYFS.

As stated in footnote 5 on page 7 the EYFS states that ‘providers offering care exclusively before and after school or during the school holidays for children younger than those in the Reception class age range, should continue to be guided by, but do not have to meet, the learning and development requirements.

All such providers should discuss with parents and/or carers (and other practitioners/providers as appropriate, including school staff/teachers) the support they intend to offer. All providers must maintain a daily record of attendance.

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QUESTION: Does this exception cover in the holidays too?

ANSWER: The exception that a childminder could apply when providing care for young children other-wise than at school could be used for before and after school and during any school holiday period. However, any exceptions to ratios adopted by the childminder (for whatever reason) are subject to the childminder demonstrating to parents and carers and to Ofsted on inspection that the individual needs of all children are being met consistently.

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QUESTION: How will Ofsted judge it during an inspection? Many CM are worried about being downgraded for being over ratio.

ANSWER: Ofsted will ask you to show how you are ensuring children are not adversely impacted by the exceptions made to the ratio. Show the inspector that you have thought (for instance) about situations such as taking them all out together, or if the weather is bad and you CAN'T go out.

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QUESTION: What about if a child has only 2 or 3 days at nursery and the rest of the time with a childminder? Or has mornings at nursery and afternoons with the childminder?

ANSWER: Yes this still is within this exception. Any exceptions to ratios provided within the EYFS, adopted by the childminder (for whatever reason) are subject to the childminder demonstrating to parents and carers and to Ofsted on inspection that the individual needs of all children are being met consistently.

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QUESTION: Will childminders be penalised for not liaising enough with the nursery? What evidence will Ofsted inspect? Often nurseries will NOT share information with childminders and then childminders are penalised.

ANSWER: Ofsted want childminders to do their best to liaise and be able to say what they have tried to do and what the reaction was, if any.

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QUESTION: Will Ofsted inspectors measure floor space if there are more children in the ratio?

ANSWER: You will need to ensure that floor space requirements are adhered to.

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QUESTION: When DfE say 'wrap around' do they mean 'pick up after nursery' as well?

ANSWER: Wrap around care is any care, however long or short, provided before and / or after other care provision. Any exceptions to ratios adopted by the childminder (for whatever reason) are subject to the childminder demonstrating to parents and carers and to Ofsted on inspection that the individual needs of all children are being met consistently.

I hope this helps! Sarah