Common use of Legislation and Statutory Guidance Clause in Contracts

Legislation and Statutory Guidance. This agreement is between Swindon Borough Council and Providers delivering early education and childcare for 0 to 14 year olds including funding for 2, 3 and 4 year olds based within the Borough of Swindon. It is not intended to replace, supersede or negate the requirements or expectations set out in legislation, statutory guidance and government advice. To the extent that they apply to this agreement and the provision of early year’s education and childcare, the Provider shall comply with the following legislation, codes, guidance and frameworks (the “Requirements”);  Early Education and childcare, Statutory guidance for Local Authorities 2017  Childcare Act 2006  Childcare Act 2016  Equality Act 2010  School admissions code 2014  Statutory framework for the early years foundation stage 2017  Local Authority, (Duty to Secure Early Years Provision Free of Charge) Regulations 2014  The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016  Special educational needs and disability code of practice: 0 to 25 years 2015  General Data Protection Regulations and the Data Protection Act 2018  The guidance found at: xxxxx://xxx.xxx.xx/government/publications/early-education-and- childcare--2  The guidance found at: xxxxx://xxx.xxx.xx/government/publications/early-years-national- funding-formula-allocations-and-guidance; and  Any other applicable law, statute, code of practice and guidance. The Provider shall not breach the Requirements nor through its acts and omissions shall it cause Swindon Borough Council to be in breach of the Requirements. The Provider confirms that this the Early Years Education and Childcare it will provide under this agreement will at all times meet the conditions of funding as set out in the Early Education and Childcare Statutory Guidance for Local Authorities, 2017 and as set out in this agreement.

Legislation and Statutory Guidance. This agreement is between Swindon Borough Council and Providers delivering early education and childcare for 0 to 14 year olds including funding for 2, 3 and 4 year olds old’s based within the Borough of Swindon. It is not intended to replace, supersede or negate the requirements or expectations set out in legislation, statutory guidance and government advice. To the extent that they apply to this agreement and the provision of early year’s education and childcare, the Provider shall comply with the following legislation, codes, guidance and frameworks (the “Requirements”);   Early Education and childcare, Childcare Statutory guidance for Local Authorities Authorities, April 2017   Childcare Act 2006  Xxx 0000;  Childcare Act 2016  Xxx 0000;  Equality Act 2010  Xxx 0000;  School admissions code 2014  2012;  EYFS Statutory framework for the early years foundation stage 2017  Framework 2017;  Local Authority, (Duty to Secure Early Years Provision Free of Charge) Regulations 2014  The Childcare 2014;  Special Educational Needs (Early Years Provision Free SEN) Code of Charge) (Extended Entitlement) Regulations 2016  Special educational needs and disability code of practice: 0 to 25 years 2015  General Practice;  Data Protection Regulations and the Data Protection Act 2018  Xxx 0000;  The guidance found at: xxxxx://xxx.xxx.xx/government/publications/early-education-and- xxxxx://xxx.xxx.xx/government/publications/early- education-and-childcare--2   The guidance found at: xxxxx://xxx.xxx.xx/government/publications/early-years-national- xxxxx://xxx.xxx.xx/government/publications/early-years- national-funding-formula-allocations-and-guidance; and  Any  any other applicable law, statute, code of practice and guidance. The Provider shall not breach the Requirements nor through its acts and omissions shall it cause Swindon Borough Council to be in breach of the Requirements. The Provider confirms that this the Early Years Education and Childcare it will provide under this agreement will at all times meet the conditions of funding as set out in the Early Education and Childcare Statutory Guidance for Local Authorities, 2017 and as set out in this agreement.

Legislation and Statutory Guidance. This agreement is between Swindon Borough Council The following frameworks and Providers delivering early education and childcare for 0 to 14 year olds including funding for 2, 3 and 4 year olds based within the Borough of Swindon. It is not intended to replace, supersede or negate the requirements or expectations set out in legislation, statutory guidance and government advice. To the extent that legislation underpin this Agreement where they apply to this agreement and the provision of early year’s education and childcare, the Provider shall comply with the following legislation, codes, guidance and frameworks (the “Requirements”);  Early Education and childcare, Childcare Statutory guidance Guidance for Local Authorities 2017  Authorities, April 2023 xxxxx://xxx.xxx.xx/government/publications/early-education-and-childcare--2 Childcare Act 2006  xxxx://xxx.xxxxxxxxxxx.xxx.xx/ukpga/2006/21 Childcare Act 2016  xxxx://xxx.xxxxxxxxxxx.xxx.xx/ukpga/2016/5/contents Equality Act 2010  xxxxx://xxx.xxx.xx/guidance/equality-act-2010-guidance School admissions code Admissions Code 2014  xxxxx://xxx.xxx.xx/government/publications/school-admissions-code--2 EYFS Statutory framework for the early years foundation stage 2017  Framework 2021 xxxxx://xxx.xxx.xx/government/publications/early-years-foundation-stage-framework--2 Local Authority, Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014  xxxx://xxx.xxxxxxxxxxx.xxx.xx/uksi/2014/2147/pdfs/uksi_20142147_en.pdf Special Educational Needs and Disability (SEND) Code of Practice 2015 xxxxx://xxx.xxx.xx/government/publications/send-code-of-practice-0-to-25 Data Protection Act 2018 xxxxx://xxx.xxx.xx/data-protection/the-data-protection-act Working Together 2018 xxxxx://xxx.xxx.xx/government/publications/working-together-to-safeguard-children--2 The Local Authority has the right to unilaterally vary this Agreement to reflect any changes in legislation and Departmental guidance issued within the term of this Agreement. Providers will be sent notification of any changes. • Continue to exercise its duties to have overarching responsibility for safeguarding and promoting the welfare of all children and young people in their area. These functions of the Local Authority are laid out in the 1989 and 2004 Children Act, along with the ‘Working together to safeguard children’ 2018 guidance. • Disseminate Xxxxxx’x Safeguarding Children’s Partnership policy, strategy and training to the childcare workforce • Work in partnership with the provider to complete an annual review to support safeguarding and promotion of the welfare of children for whom funded education is provided [Refer to Appendix Two]. • Take appropriate action as laid out in section 10.4 of the Merton Funded Early Education Guidance 2023-24 if a provider fails to meet the stated requirements. • Follow the EYFS and have clear safeguarding policies and procedures in place that link to the Local Authority’s guidance for recognising, responding, reporting and recording suspected or actual abuse and ensuring safe recruitment. • Identify a lead practitioner to take responsibility for safeguarding and ensure all staff have relevant training which includes identifying signs of abuse and neglect. • Have regard to the Working together to safeguard children - XXX.XX (2018), ‘Working Together to Safeguard Children’ 2018 guidance, Pan London Child Protection Procedures and Practice Guidance (xxx.xxxxxxxxx.xxx.xx) and other relevant policies/protocols as appropriate • Work in partnership with the provider to complete an annual review to support safeguarding and promotion of the welfare of children for whom funded education is provided [Refer to Appendix Two]. • Comply with all relevant legislation as listed on page 3 of this Agreement to ensure the safety and welfare of children. • Follow up on child absences, recording reasons for absence and following up if there are concerns. • Secure a funded place for every eligible child in their area. • Only make payments in respect of eligible children as set out in sections A1 of the Early Education and Childcare Statutory Guidance for Local Authorities (April 2023). • Provide a secure web enabled portal (Merton Early Years Provision Free Provider Hub) to allow providers to validate funding codes and submit their funding claims. • Notify the provider where a claim has been put on hold due to a code error or duplication of Chargesubmission (see 9.4 of the Funded Early Education Guidance 2023-24). • Ensure the data is handled and shared in line with Xxxxxx’x Privacy Notice Children’s Services and Education privacy notice • Encourage providers to be clear, transparent and consistent in the way they deliver funded entitlements, and make information easily available for parents. • Ensure that all children’s details returned on the periodic headcount meet the provision of eligibility as laid out in sections A1 of the Early Education and Childcare Statutory Guidance for Local Authorities (April 2023) and in line with your local privacy policy. • Ensure that parents have signed and dated the declaration on the Parent Funding Agreement Form to agree to the terms and conditions of funding and have signed and agreed the number of hours for each funding period. • Ensure that parents are issued with a Data Privacy Statement. • Validate parents’ 30 hour codes via Merton’s Early Years Provider Hub before a child takes up an extended entitlement place and before the start of each subsequent term they continue in that place, to ensure that the child remains eligible for 30 hours funding. • Continue providing the 30 hours extended entitlement for children during the Grace Period. • Continue to offer a child receiving the 30 hours extended entitlement access to their universal entitlement should the parent’s Grace Period end due to their circumstances having changed (Extended Entitlement) Regulations 2016  Special educational needs if the universal place is taken at the setting and disability if the parent wishes it to continue). • Obtain a Xxxxxx XX Voucher code and Merton two-year-funding eligibility confirmation letter from parents for every funded two-year-old, before they take up a place. • Continue to offer a funded two-year-old a place for the required period or until the child transitions onto the universal entitlement for three-year-olds, even if the eligibility of practice: 0 the child changes during this time. • Ensure any deposit paid to 25 years 2015  General Data Protection Regulations secure a child’s funded entitlement place is refunded to the parent in full within a reasonable timescale. • Retain paper or digital copies of documentation to enable the Local Authority to carry out financial audits. Where a provider retains a copy of a document it must be stored securely and deleted when there is no longer a good reason to keep the information, in accordance with the Data Protection Act 2018  The guidance found at: xxxxx://xxx.xxx.xx/government/publications/early-education-and- childcare--2  The guidance found at: xxxxx://xxx.xxx.xx/government/publications/early-years-national- funding-formula-allocations-and-guidance; 2018. • If required, register their business with the Information Commissioner’s Office. • Check original copies of documentation to confirm a child has reached the eligible age. • Encourage providers to offer flexible provision of places, such as at weekends, outside of school term times and  Any other applicable law, statute, code of practice and guidancestretched over more than 38 weeks where there is an identified need as assessed through the Childcare Sufficiency Assessment. The Provider shall not breach • Continue to fund a child who has ceased to meet the Requirements nor through its acts and omissions shall it cause Swindon Borough Council eligibly criteria as determined by HMRC but is within the Grace Period (refer to be in breach section 4.4 of the RequirementsMerton Funded Early Education Guidance 2023-24). The Provider confirms that this • Offer funded places within the Early Years Education and Childcare it will provide under this agreement will at all times meet the conditions of funding national parameters as set out in the Early Education and Childcare Statutory Guidance for Local AuthoritiesAuthorities (April 2023) in sections A2.4, 2017 A2.5 and A2.6 • Ensure parents are aware at the point of access how the Early Education entitlements are delivered. This should be available in a published document. This should include the days, times, if they stretch the entitlement over more than 38 weeks and any admissions criteria related to place management. • Share information about the times and periods at which they offer the funded entitlements to support the Local Authority to secure sufficient places and meet parental demand in the local area. • Work in partnership with other providers to ensure high quality transitional arrangements are in place to support a child’s learning if they change settings on a daily or weekly basis. This could include sharing learning records or it could involve regular discussions, which may be useful where multiple children move between the same providers. • Notify London Borough of Merton with immediate effect of any changes to the circumstances of their annual Agreement, such as offering a new entitlement, changing the pattern of delivery or number of weeks that they deliver funded places, closing the business or selling to new owners. • Only fund providers for children eligible for the funded place when the provider meets the quality conditions as set out in this agreementthe Early Education and Childcare Statutory Guidance for Local Authorities (April 2023) section A3 and/or any limiting conditions laid out in section A4.18 of the Early Education and Childcare Statutory guidance 2023. • Fund providers with exemptions from the Early Years Foundation Stage if a parent wants their child to take up their place at an exempt provider, or where a child has exemptions from the Early Years Foundation Stage. • Take the appropriate action as laid out in section 10.4 of the Merton Funded Early Education Guidance 2023-24, for any provider who fails to meet the required quality standards. • Provide and publish a universal package of support available to all providers, with additional advice, guidance and information for providers who offer funded early education entitlements. • Report any breeches of quality in relation to delivery of the Early Years Foundation Stage framework to relevant agencies, such as Ofsted. • Meet the quality conditions as set out in the Early Education and Childcare Statutory Guidance for Local Authorities (April 2023) section A3. • Deliver funded places within the requirements set out in section A4.18 of the Early Education and Childcare Statutory guidance. • Support parents in the transition of funded children should Ofsted confirm an inspection that does not meet the quality standard.