Changes to the Department for Education (DfE) Free Early Education Entitlements Statutory Guidance from 1 April 2025

There have been recent changes to the Department for Education’s (DfE) Early Years and Childcare Statutory Guidance, which will come into effect from 1 April 2025.

The statutory guidance sets out in legislation the duties English Local Authorities must adhere to when securing sufficient free early education childcare places in their areas.

Background

In the autumn 2024, Education Ministers announced their intention to review the matter of ‘charging’ (sections (A1.32 – A1.44 of the statutory guidance), to ensure funded hours remain accessible and affordable for families who need them.  This review coincided with a recent High Court Judgement, published on 7 February 2025, which confirmed that whilst providers can charge for some extras (consumables and additional services), these charges must not be mandatory.  The publication of the High Court Judgment can be found here: Bournemouth, Poole and Christchurch Council, R (on the application of) v Local Government and Social Care Ombudsman - Find Case Law - The National Archives

What are the changes?

The DfE have re-emphasised putting ‘transparency’ at the heart of how the entitlements are passed on to parents, including that all costs should be clear to parents upfront and a greater clarification of what are considered 'consumables’. 

This means the new guidance now provides clear itemisation of what early years providers cannot charge as part of a free entitlement place, including putting mandatory requirements on providers to publish fees for chargeable extras and invoices to parents are structured in a clear prescribed format.  The Early Years and Childcare Statutory Guidance (effective from 1 April 2025) can be found at the following link: Early education and childcare (effective from 1 April 2025) - GOV.UK

These changes aim to protect parents from reported instances of very high additional charges or ‘top-up fees’ on top of their entitlement, particularly those from disadvantaged backgrounds where it makes the biggest difference. The updates should also help ensure greater clarity and consistency for parents, providers, and local authorities.

Attached to this email is an FAQ document, which sets out the key changes, and what this means for participating FEEE early year providers.

All local authorities are required to ensure participating FEEE providers pay due regard to the relevant changes and that they have listed additional charges clearly and upfront on websites and invoices by January 2026.

The Free Early Learning Team, in consultation with the Council’s Legal department are currently working through the new guidance to fully understand the content and any implications this may have on participating early years providers and future sufficiency of childcare places in the borough.  

We are hosting a series of provider meetings to discuss the changes and support settings to ensure compliance with the guidance. All providers must attend at least one event, so please sign up as soon as possible. Please contact us at feeeadmin@southwark.gov.uk for further details