VARIATIONS UNDER REVISED EYFS - REPLY FROM DfE

[miffy]

I have just received this reply from DfE about variations for continuity of care under revised eyfs.

Thank you for your email dated 25 April 2012 about the Early Years Foundation Stage.

The safeguarding and welfare requirements, in the revised EYFS, 'are designed to help providers create high quality settings which are welcoming, safe and stimulating, and where children are able to enjoy learning and grow in confidence'. Within that context the revised EYFS has been designed to provide a greater degree of flexibility for providers than the current EYFS where practicable, so as to ensure that the needs of both parents and children can be met. Provided that children are safe it is not intended to place unnecessary restrictions on who may be cared for.
The revised EYFS makes clear that childminders should not care for more than 6 children under the age of 8. Of these six children, a maximum of three may be young children (under 5), and there should only be one child under the age of one. Although this is the usual requirement the EYFS recognises that there may be circumstances where the ratios can be altered so that the particular needs of children and their families may be met. Providing that there are no more than 6 children being cared for at any one time paragraph 3.29 makes clear that ‘exceptionally, and where the quality of care and safety and security of children is maintained, exceptions to the ratios may be made’. When changing the ratio and/or the ages of the children being cared for in exceptional circumstances providers will not be required to notify Ofsted and seek a variation of their registration.


In particular the revised EYFS says exceptions to the usual ratios can be made when childminders are caring for sibling babies, or when caring for their own baby. If children aged four and five only attend the childminding setting before and/or after a normal school day, and/or during school holidays, they may be cared for at the same time as three other young children. However, these exceptions are not meant to be exhaustive and do not exclude other adjustments to ratios being made in exceptional circumstances, such as other cases where there are continuity of care concerns.

Miffy xx

[butterfly]

So....IF it's continuity of care (ie baby of mindee starts making me have 4 under 5) that would be OK and I don't have to inform Ofsted.

and...

IF a parent asks me to have a usual mindee on a different day than normal taking me to 4 under 5 on the day as a one off, that would be OK.

am I understanding this correctly?

[Rubybubbles]

clear as mud then

[loocyloo]

anybody any clearer? !!! whats wrong with english?

so ... i have a current variation for 4 2 days a week ... that still stands?

another mum then needs to change her work day, meaning i have 4 3 days a week, or even 5 one day and 4 another?


However, these exceptions are not meant to be exhaustive and do not exclude other adjustments to ratios being made in exceptional circumstances, such as other cases where there are continuity of care concerns.

so i'm thinking my scenario above would be ok ? still very confused!

[miffy]

anybody any clearer? !!! whats wrong with english?

so ... i have a current variation for 4 2 days a week ... that still stands?

another mum then needs to change her work day, meaning i have 4 3 days a week, or even 5 one day and 4 another?


However, these exceptions are not meant to be exhaustive and do not exclude other adjustments to ratios being made in exceptional circumstances, such as other cases where there are continuity of care concerns.

so i'm thinking my scenario above would be ok ? still very confused!

I think so, that is the way I'm reading it but I suppose we'll have to wait for Ofsted to produce their guidance before it's crystal clear

Miffy xx

[nipper]

Does this mean we are going to have to have new certificates issued to us then?

[miffy]

I think so, that is the way I am reading it too.

Miffy xx

[onceinabluemoon]

So if a parent whose child comes mon, tues, thurs and fri, suddenly wants regular weds too but you already have three that day you can't have the extra day but if it's for a one off you can?

Theoretically then you could have six under five one day and two under five the next?

I was wrong, I don't think I understand this at all, lol...

[rickysmiths]

So if a parent whose child comes mon, tues, thurs and fri, suddenly wants regular weds too but you already have three that day you can't have the extra day but if it's for a one off you can?

Theoretically then you could have six under five one day and two under five the next?

I was wrong, I don't think I understand this at all, lol...

I'm reading that you can. That as long as you risk assess and do not exceed 6 under eights or whatever your total number of children is on your certificate. I think the 2 under ones may only be allowed if one is your own or the second is the baby brother or sister of a current mindee.

What I want to know is if like me you have two under ones for any two under ones on your cert now does that mean I can still do this?

[mama2three]

I currently have blanket 2 under ones also, from when I first registered. i would justify this through RAs and quote the exceptional circumastance being previous inspector gave permission for 2 under 1s due to ..x, y, z.

[onceinabluemoon]

Thanks miffy, I think I understand that. I think....

[jackie 7]

now i am really confused. ofsted told a friend of a friend that in september all will change, our new certificates will not say how many children we can have and we can risk assess ourselves then decide how many children we can care for. has anyone else heard this?

[AMcCoy]

The key words here are 'exceptional' circumstances. Exceptional meaning not ordinary / normal situations.

So in my mind the altering of ratios will be for a specific child, for a specific reason for a determined period of time.

When considering whether to alter the ratios the normal considerations apply: can I accommodate the request, will it alter my normal practice and impact on the other children present. How safe will my setting remain can I do my usual activities travel safely etc be it in the car or walking. This type of thinking is the start of a risk assessment.

My concerns are that it might become a bit like the speed limit, we know it is 70 on the motorway but not many keep to the speed. The maximum numbers/ratio's exist but how many will stick to three under five in the future?

[Linda Mc]

I had to ring OFSTED today about an enquiry for twins, who are 1 years old, starting in October.

I already look after two children under 3 & that would take me over my numbers by one & it would be 'new business' so I didn't think I could do it.

The guy put me on hold & went to check. He came back & said after September as long as we were within our numbers overall we wouldn't need to apply for a variation.

He said as long as we used our common sense & could show that we'd be able to look after the children safely all we'd have to do is follow the EYFS!

I did make a note of his name & will check again in September just in case

[Chatterbox Childcare]

I am waiting for the guidance to come from Ofsted

[childcareexpo]

I have just received this reply from DfE about variations for continuity of care under revised eyfs.

Thank you for your email dated 25 April 2012 about the Early Years Foundation Stage.

The safeguarding and welfare requirements, in the revised EYFS, 'are designed to help providers create high quality settings which are welcoming, safe and stimulating, and where children are able to enjoy learning and grow in confidence'. Within that context the revised EYFS has been designed to provide a greater degree of flexibility for providers than the current EYFS where practicable, so as to ensure that the needs of both parents and children can be met. Provided that children are safe it is not intended to place unnecessary restrictions on who may be cared for.
The revised EYFS makes clear that childminders should not care for more than 6 children under the age of 8. Of these six children, a maximum of three may be young children (under 5), and there should only be one child under the age of one. Although this is the usual requirement the EYFS recognises that there may be circumstances where the ratios can be altered so that the particular needs of children and their families may be met. Providing that there are no more than 6 children being cared for at any one time paragraph 3.29 makes clear that ‘exceptionally, and where the quality of care and safety and security of children is maintained, exceptions to the ratios may be made’. When changing the ratio and/or the ages of the children being cared for in exceptional circumstances providers will not be required to notify Ofsted and seek a variation of their registration.


In particular the revised EYFS says exceptions to the usual ratios can be made when childminders are caring for sibling babies, or when caring for their own baby. If children aged four and five only attend the childminding setting before and/or after a normal school day, and/or during school holidays, they may be cared for at the same time as three other young children. However, these exceptions are not meant to be exhaustive and do not exclude other adjustments to ratios being made in exceptional circumstances, such as other cases where there are continuity of care concerns.

Miffy xx

If you need greater clarity, Chris Barnham from the Early Years area of the Department of Education will be at Childcare Expo talking about the revised EYFS and I'm sure he'd be able to answer your questions if this would be helpful for you?