The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016

Requirement on local authority when discharging its duty under regulation 33

36.—(1) A local authority must discharge its duty under regulation 33 by making arrangements which secure that an early years provider chosen by a parent of the child provides the early years provision in cases where—

(a)the early years provider is willing to provide it, and

(b)the early years provider is willing to accept—

(i)any terms as to the payments which would be made to the provider in respect of the provision, and

(ii)any requirements which would be imposed by the local authority in accordance with regulation 38.

(2) In the case of early years provision other than by an early years childminder registered with an early years childminder agency, the requirement in paragraph (1) applies only if the provider is not the governing body of a maintained school, and—

(a)the overall effectiveness of the provision by the provider was awarded a grade of “satisfactory”, or “requires improvement”, or better, in the most recent early years provision inspection report published in respect of the provision; or

(b)an early years provision inspection report has not yet been published in respect of the provision.

(3) In the case of early years provision by an early years childminder registered with an early years childminder agency, the requirement in paragraph (1) applies only if—

(a)the childminder is registered with an agency which was awarded a grade of “effective” in the most recent early years childminder agency inspection report published in respect of the agency; or

(b)an early years childminder agency inspection report has not yet been published in respect of the agency.

(4) The requirement in paragraph (1) does not apply where—

(a)the local authority has reasonable grounds to believe that the person with whom the arrangements referred to in paragraph (1) are intended to be made is not able to satisfy a requirement imposed in respect of the early years provision; or

(b)in the case of early years provision by an early years childminder registered with an early years childminder agency, the early years childminder agency has notified the local authority that, in the reasonable opinion of the agency, the provision by the early years childminder registered with the agency is not of satisfactory quality.

(5) In this regulation “early years childminder agency inspection report” means a report under section 51E of the Childcare Act 2006(1).