Regulatory changes are being made to the Early Years Foundation Stage from September 2023. Find out more here.

1. Early Years Foundation Stage (EYFS):
Childcare regulatory changes from
4 September 2023
August 2023

2. Introduction
• This is a Department for Education (DfE) presentation which
outlines the changes that have been made to the Statutory
Framework for the Early Years Foundation Stage (EYFS) which
will come into force from 4 September 2023.
• In this presentation, we set out the rationale for the changes, the
timeline, and what it will mean for settings. We have invited
Ofsted to join us to answer some of the questions about the
changes and Ofsted inspection.
• The changes being applied from 4 September 2023 are separate
from the EYFS consultation that closed on 26th July 2023. It is the
government’s intention that any changes resulting from the EYFS
consultation will come into force in early 2024, with the aim of
giving the sector some time to use the proposed flexibilities and
ensure they are ready for the new entitlements.
• We will not be discussing the 2023 EYFS consultation as part of
this presentation. We expect to publish the government response
to the 2023 EYFS consultation in due course.
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3. The changes being made from 4 September 2023
• Following an 11-week consultation that ran from July 2022 to September 2022, the government
announced in its response to the consultation published in March 2023, that it would be proceeding
with the following three changes to the EYFS:
1. Paragraph 3.33 amended to change the statutory minimum staff:child ratios for children
aged two from 1:4 to 1:5. This will bring English ratios in line with Scottish ratios.
2. Paragraph 3.43 amended to clarify that childminders can care for
more than the currently-specified maximum of three young children,
when caring for siblings of children they already care for, or when
caring for their own child; and
3. Paragraph 3.29 amended to clarify that “adequate supervision”
whilst children are eating means that children must be within
sight and hearing of an adult (rather than the current
wording of “sight or hearing”).
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4. Staff:child ratios for 2-year-olds
• The statutory minimum staff:child ratios for 2-year-olds is being
changed from 1:4 to 1:5. This will enable early years providers to
have the flexibility in how they utilise staff.
• The government trusts that setting managers know their children and their
staff best, and fully supports the judgement of setting managers and
practitioners to work at the ratios that are right for the individual needs of their
staff and children, including supporting the needs of children with Special
Educational Needs and Disabilities (SEND).
• This change will continue to be a statutory minimum requirement, and there
will be no obligation on providers to operate at the statutory minimums.
Rationale for the changes being introduced
(slide 1 of 3)
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5. Childminder ratio flexibilities
• The change to childminder ratio exceptions, will not alter the
usual childminder ratios, but will make it explicit that
childminders can make exceptions to these usual ratios, to
allow them to care for more than the specified maximum of
three young children, if they are caring for siblings of children
they already care for, or their own child.
• The aim of this change is to increase flexibilities for providers
and help reverse or slow the long-term decline in childminder
numbers that we have seen in recent years.
• The change will benefit parents as they will have access to
more childcare options, and the child may benefit from more
stability by being able to stay in the same setting with their
sibling. It will also make it easier for childminders to find families
to work with and retain over time.
Rationale for the changes being introduced
(2 of 3)
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6. Adequate supervision whilst children are eating
• Snack and mealtimes for babies and young children can be a
high-risk environment for choking incidents. Tragically, a child dies
in the UK every month from choking and hundreds more require
hospital treatment.
• A choking child can be completely silent therefore it is not
sufficient for a member of staff to be only within hearing distance
of children who are eating.
• This change aims to increase the safety of children within
settings, to make it explicit that ‘adequate supervision’ whilst
children are eating means that children must always be within
sight and hearing of a member of staff, not just within sight or
hearing.
• This is a mandatory requirement, and all settings will be required
to implement this change from 4 September 2023. However, it
will be for providers to decide how best to deploy their staff to
meet the needs of their children.
Rationale for the changes being introduced (3 of 3)
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7. How the changes will affect settings
• Adequate supervision whilst eating: This will be a mandatory
requirement, and all settings will be required to implement this
change from 4 September 2023. It will be for providers to decide
how best to deploy their staff to meet the needs of their children.
• Childminder ratio flexibilities: This change will not alter the usual
childminder ratios but will make it explicit that childminders can
make exceptions to them, to allow them to care for more than the
specified maximum of three young children, if they are caring for
siblings of children they already care for, or their own child.
• Staff:child ratio for 2-year-olds: This change will continue to be a
statutory minimum requirement, and there will be no obligation
on providers to operate at the statutory minimums. Therefore,
providers can continue to work to tighter ratios if they decide that
is best for their children and staff.
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8. • A new version of the EYFS, including the changes, is available on
Gov.uk and will apply from 4 September 2023. Until then, the
current version continues to apply.
• The changes being applied from 4 September 2023 are separate
from the EYFS consultation that closed on 26th July 2023. It is the
government’s intention that any changes resulting from the EYFS
consultation will come into force in early 2024, with the aim of
giving the sector some time to use the proposed flexibilities and
ensure they are ready for the new entitlements.
When the changes will apply
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9. Frequently Asked Questions
We will now answer some frequently asked questions
For wider information on the EYFS, you may find it helpful to look at
https://foundationyears.org.uk/ and
https://help-for-early-years-providers.education.gov.uk/
The current version of the EYFS, along with the new version that will apply
from 4 September 2023, can be accessed at:
https://www.gov.uk/government/publications/early-years-
foundation-stage-framework--2
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10. Department for Education
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