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

[onceinabluemoon]

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

[miffy]

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

Miffy xx

[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!

[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...

[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]

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

I think we will all get new certificates from 1/9/12 which will state the maximum number of children we can care for.

Miffy xx

[Bridey]

I'm reading it as that most scenarios are ok except if you take on another child just for the money rather than a sibling or continuation of care issue and god help you if you have an incident or accident whilst over the normal recommended numbers ...

[butterfly]

Yep I'm reading it as if you think Ofsted would have granted it as a variation it will still be allowed. I will follow the current guidelines - siblings or continuity of care is ok, taking on a new child is not.

I think i'll make myself a RA type form which i'll fill out every time i grant myself a variation to show i've thought of all the risks and have decided it's ok.

[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.

[loocyloo]

[QUOTE=butterfly;1101758]Yep I'm reading it as if you think Ofsted would have granted it as a variation it will still be allowed. I will follow the current guidelines - siblings or continuity of care is ok, taking on a new child is not.

I think i'll make myself a RA type form which i'll fill out every time i grant myself a variation to show i've thought of all the risks and have decided it's ok.[/QUOTE]

thats a good idea, think i might make myself a form rather like the ofsted variation form as well

still think its VERY open to abuse though

[Andrea08]

may i ask then if one of my mindees goes to reception and for the first few weeks its only part time and i have his sibling or new mindee i could continue to care for both as long as i dont go over my 6 uner 8yr olds..

ive always said that once our mindees start reception in september they should move up to our over 5's as its unfair to have to turn down work because of the few wks they are only part time..

still i wouldnt want more than 6 under 8yr olds on my own ive got 5(5-9 yr olds) mindees ere atm and the screems and argueing is doing my head in lol

i can see ofsted getting lots of calls come sept making sure they understand this rule

[rickysmiths]

may i ask then if one of my mindees goes to reception and for the first few weeks its only part time and i have his sibling or new mindee i could continue to care for both as long as i dont go over my 6 uner 8yr olds..

ive always said that once our mindees start reception in september they should move up to our over 5's as its unfair to have to turn down work because of the few wks they are only part time..

still i wouldnt want more than 6 under 8yr olds on my own ive got 5(5-9 yr olds) mindees ere atm and the screems and argueing is doing my head in lol

i can see ofsted getting lots of calls come sept making sure they understand this rule

would read it as yes as long as we risk assess that we can do it. Which as you say is much or sensible. I have never understood how they change so much from Friday night to Monday morning.

[Mouse]

Thank you Miffy.

I'll wait for the ofsted guidance, but it does sound more hopeful than it did

[Penny1959]

Thanks Miffy

Taken literally then

I currently have 4 under 5 every day - one of the mums of a child currently named on a continuation of care variation has asked me to have her child extra days - meaning on 2 days I would have 5 under 5 as I don't have any older children in my care and would be within the 6 under 8 - I could have the child the extra days and be legal.

Interesting - however before I tell this mum it is ok and I can do it from September I would like to be sure.


Penny

[Nix]

Yes Penny, based on what I've read I would say that's right!