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2. Key responsibilities - early years' provider agreement

Early years' provider agreement effective from 1 January 2025. Key responsibilities.


Key local authority responsibilities

2.1 The local authority should secure an early years' entitlement place for every eligible child in the county.

Early years and childcare.

2.2 The local authority will work in partnership with providers to agree how to deliver early years entitlement places.

2.3 The local authority will be clear about its role and the support available locally to meet the needs of children with special educational needs and/or disabilities (SEND) as well as their expectations of early years' providers.

Local Offer Derbyshire

Special educational needs and disability.

2.4 The local authority will contribute to the safeguarding of and promote the welfare of children and young people in the county.

Derby and Derbyshire Safeguarding Children Partnership.

2.5 The local authority will withhold providers' information from publication, for example, where the provider has notified the local authority that they do not want certain information to be disclosed, such as their address.

2.6 The local authority will support providers in Derbyshire to meet the needs of Derbyshire children in care. A child living in Derbyshire, however, may not be in the care of Derbyshire County Council.

Key provider responsibilities

2.7 The provider must comply with all relevant legislation and insurance requirements specified.

2.8 The provider should deliver the early years' entitlement places consistently to all parents/carers regardless of whether they opt to pay for optional services or consumables. This means that the provider's policies and procedures must be clear and communicated to parents, with details about the days and times funded places are offered, along with any services and charges. Children accessing the funded entitlements should receive the same quality and access to provision.

2.9 The provider must have arrangements in place to support children with special educational needs and/or disabilities (SEND). These arrangements should include a clear approach to identifying and responding to SEND. Providers should utilise the early years SEN inclusion fund, Disability Access Fund and EYSEN specialist teacher and outreach team if appropriate to deliver effective support.

2.10 The provider must provide information for parents/carers on how they support children with SEN and disabilities and should regularly review and evaluate the quality and breadth of the support they offer or can access for children with SEN or disabilities.

2.11 The provider must co-operate with the local authority in reviewing the provision that is available locally and in developing the Local Offer. Providers should work in partnership with other local education providers to explore how different types of need can be met most effectively.

Special educational needs and disability.

SEND code of practice: 0 to 25 years.

2.12 The provider must issue a privacy notice in compliance with the data protection legislation to all parents/carers in relation to how they share children's details. A template which providers can adapt to create their own policy is attached as an appendix to this document.

2.13 The provider must update the details held by the Families Information Service (FIS) termly, via the 'Forms' section on the Provider Portal to ensure they are current and up to date.

2.14 The provider must seek the approval from Ofsted when taking children's details off-site and should retain the email as evidence for their Ofsted inspection.

2.15 The provider should make parents aware and promote that the Early Years Pupil Premium (EYPP) provides additional funding to providers to support eligible children and that the Disability Access Funding (DAF) supports eligible, disabled children's access to the entitlements.

2.16 The provider should identify children who qualify for EYPP and DAF, providing parent/carers have given their consent on their FE1 parent/carer declaration form.