The Early Years Foundation Stage (Learning and Development Requirements) Order 2007

Made: 20th June 2007

Laid before Parliament: 27th June 2007

Coming into force: 1st September 2008

In accordance with section 45(2) of the Childcare Act 2006 (“the Act”) the Secretary of State for Education and Skills has given notice of his proposal to make this Order.

And in accordance with section 45(3) of the Act the Secretary of State has considered the evidence and representations submitted to him in pursuance of section 45(2), and has published a draft of this Order and any associated documents and a summary of the views expressed to him.

Accordingly the Secretary of State, in exercise of the powers conferred by sections 39(1)(a), 42(1) to (5) and 44(1) to (4) of the Act, makes the following Order:

Citation and commencement

1

This Order may be cited as the Early Years Foundation Stage (Learning and Development Requirements) Order 2007 and comes into force on 1st September 2008.

Interpretation

2

In this Order—

• “the Act” means the Childcare Act 2006;

• “the childminder EYFS” means the document entitled “Early Years Foundation Stage statutory framework for childminders” dated 14th July 2025 and published by the Secretary of State on the gov.uk website;

• “the Document” means in the case of—a person who is registered under section 37(1) or (2A) or section 37A(1) or (1A) of the Act as an early years childminder, the childminder EYFS; a person who—is registered as an early years provider other than a childminder under section 37(2) or 37A(2) of the Act; orwould be required by section 34(1) or (1A) of the Act to be registered to provide early years provision but for section 34(2) of the Act, the group and school-based provider EYFS;

• “the group and school-based provider EYFS” means the document entitled “Early Years Foundation Stage statutory framework for group and school-based providers” dated 14th July 2025 and published by the Secretary of State on the gov.uk website;

• “reception baseline assessment” has the meaning given in Annex B to the group and school-based provider EYFS;

• “the relevant provisions of the Document” means the provisions in Sections 1 and 2 of the Document and in Annex B to the childminder EYFS that use the word “should”.

Specification of the learning and development requirements

3

• (1) It is directed that the provisions in Sections 1 and 2 of , and Annex B to, the Document that, by virtue of their use of the word “must”, express requirements, have effect for the purposes of specifying the learning and development requirements under section 39(1)(a) of the Act.

• (2) Early years providers to whom section 40 of the Act (duty to implement Early Years Foundation Stage) applies must have regard to the matters in Sections 1 and 2 of, and Annex B to, the Document that use the word “should” in securing that the early years provision they provide meets the learning and development requirements.

Further provisions about assessment arrangements

4

• (1) An English local authority must make provision to ensure the accuracy and consistency of the assessments made by early years providers in their area.

• (2) An English local authority must have regard to any guidance given by the Secretary of State in exercising their function under paragraph (1).

• (3) An early years provider must permit any person authorised by an English local authority for the purposes of exercising their function under paragraph (1)—

• (a) to enter the premises on which the early years provision is provided; and

• (b) to observe the implementation of the assessment arrangements; ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement on Chief Inspector

5

The Chief Inspector and early years childminder agencies must have regard to the learning and development requirements prescribed in Sections 1 and 2 of the Document and in Annex B to the childminder EYFS and matters in the relevant provisions of the Document in exercising ... functions under Part 3 of the Act.

Matters to be considered by the Chief Inspector

6

• (1) Any allegation that an early years provider has—

• (a) failed to meet the learning and development requirements prescribed in Sections 1 and 2 of the Document , or in Annex B to the childminder EYFS; or

• (b) failed to have regard to the matters in the relevant provisions of the Document

may be taken into account by the Chief Inspector in the exercise of ... functions under Part 3 of the Act.

• (2) Any allegation that an early years childminder agency has failed to meet the requirement in Article 5 may be taken into account by the Chief Inspector in the exercise of functions under Part 3 of the Act.

Proceedings under Part 3 of the Act

7

• (1) Any allegation that an early years provider has—

• (a) failed to meet the learning and development requirements prescribed in Sections 1 and 2 of the Document , or in Annex B to the childminder EYFS; or

• (b) failed to have regard to the matters in the relevant provisions of the Document

may be taken into account in any proceedings under Part 3 of the Act.

• (2) Any allegation that an early years childminder agency has failed to meet the requirement in Article 5 may be taken into account in any proceedings under Part 3 of the Act.

Signed

Beverley Hughes — Minister of State — 2007-06-20

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 2006 c.21.

[^f00002]: ISBN 978-1-84478-921-4.

[^f00003]: The learning and development requirements cover six areas of learning; the Statutory Framework for the Early Years Foundation Stage (“the Document”) specifies early learning goals and educational programmes in relation to each area and includes arrangements required for assessing children’s achievements in relation to the early learning goals (see section 41(1) to (3) of the Childcare Act 2006 (“the Act”)).

[^f00004]: For the definition of “early years provider” see section 96(3) of the Act.

[^f00005]: The arrangements required for assessing children’s achievements in relation to the early learning goals are set out in paragraphs 2.19 to 2.26 in Section 2 of the Document.

[^f00006]: The Qualifications and Curriculum Authority was established by section 21 of the Education Act 1997 (c. 44).

[^f00007]: See in particular paragraph 2.21 of Section 2 of the Document.

[^f00008]: For the definition of “the Chief Inspector” see section 98(1) of the Act, as amended by paragraph 117 of Schedule 14 to the Education and Inspections Act 2006 (c. 40).

Editorial notes

[^c18762871]: 2006 c.21.

[^c18762891]: The learning and development requirements cover six areas of learning; the Statutory Framework for the Early Years Foundation Stage (“the Document”) specifies early learning goals and educational programmes in relation to each area and includes arrangements required for assessing children's achievements in relation to the early learning goals (see section 41(1) to (3) of the Childcare Act 2006 (“the Act”)).

[^c18762901]: For the definition of “early years provider” see section 96(3) of the Act.

[^c18762941]: For the definition of “the Chief Inspector” see section 98(1) of the Act, as amended by paragraph 117 of Schedule 14 to the Education and Inspections Act 2006 (c. 40).

[^key-0173df2881bc98bad8014bcfa4b80083]: Word in art. 6(1) omitted (1.9.2014) by virtue of The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 5(2)

[^key-0fb03fb1f333bf54b4f02d60043d9791]: Art. 3C inserted (26.3.2021) by The Early Years Foundation Stage (Learning and Development Requirements) (Coronavirus) (Amendment) Order 2021 (S.I. 2021/234), arts. 1, 2(3) (which amendment falls (4.1.2024) (4.1.2024) by virtue of the revocation of the affecting provision by S.I. 2023/1338, regs. 1(2), 5(c))

[^key-270335744bd38ea2186a232d243073cd]: Words in art. 2 inserted (1.9.2021) by The Early Years Foundation Stage (Miscellaneous Amendments) and Childcare Fees (Amendment) Regulations 2021 (S.I. 2021/432), regs. 1, 2(2)(b)

[^key-28d9a06567869d2c05642df1a78eaa95]: Words in art. 3(1) inserted (1.9.2021) by The Early Years Foundation Stage (Miscellaneous Amendments) and Childcare Fees (Amendment) Regulations 2021 (S.I. 2021/432), regs. 1, 2(3)(a)

[^key-2c484d9fe3993519944b7b04318fea00]: Word in art. 4(3)(a) inserted (1.9.2021) by The Early Years Foundation Stage (Miscellaneous Amendments) and Childcare Fees (Amendment) Regulations 2021 (S.I. 2021/432), regs. 1, 2(5)(a)

[^key-2d65bc7dc92c88225346c9a65f01b267]: Words in art. 3(2) substituted (1.9.2012) by The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2012 (S.I. 2012/937), arts. 1, 5

[^key-37235837d226be62bf722c3cf9a7944d]: Words in art. 4 substituted (1.9.2012) by The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2012 (S.I. 2012/937), arts. 1, 6

[^key-407865d4198addbbbca2d0679dead876]: Art. 7(2) inserted (1.9.2014) by The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 7(2)

[^key-4acdbd5a27f1d46a8fa9d3bef122b834]: Art. 6A inserted (1.9.2014) by The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 6

[^key-60aebf1632869317243453e76c23715a]: Words in art. 3(1) inserted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 2(3)(a)

[^key-6673989e411bc599f62196d03b3e4fdc]: Art. 6C inserted (1.9.2021) by The Early Years Foundation Stage (Miscellaneous Amendments) and Childcare Fees (Amendment) Regulations 2021 (S.I. 2021/432), regs. 1, 2(6)

[^key-765fd551b83117d0e768797bc3d1b579]: Words in art. 3(2) substituted (1.9.2021) by The Early Years Foundation Stage (Miscellaneous Amendments) and Childcare Fees (Amendment) Regulations 2021 (S.I. 2021/432), regs. 1, 2(3)(b)

[^key-77ae59e237d859e767ac9e6a2899b4d2]: Words in art. 5 inserted (1.9.2014) by The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 4(a)

[^key-89407e9514ff519251b25e27c060ac5a]: Art. 3A inserted (24.4.2020) by The Early Years Foundation Stage (Learning and Development and Welfare Requirements) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/444), regs. 1, 5 (which amendment falls (4.1.2024) by virtue of the revocation of the affecting provision by S.I. 2023/1338, regs. 1(2), 5(a))

[^key-916140517e6497415d1f0b02085576f0]: Words in art. 6(a) substituted (1.9.2012) by The Early Years Foundation Stage (Learning and Development Requirements) (Amendment) Order 2012 (S.I. 2012/937), arts. 1, 4

[^key-9ca7760e356cb332d99c1f9c91b30596]: Words in art. 6(1)(b) substituted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 2(5)

[^key-9edec606b247f651f5950b0fd8f42543]: Words in art. 2 inserted (3.4.2017) by The Childcare (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/361), regs. 1, 2(2)(b)

[^key-9f05cd891e4035b853d324cb733884d8]: Art. 4(3)(c) omitted (1.9.2021) by virtue of The Early Years Foundation Stage (Miscellaneous Amendments) and Childcare Fees (Amendment) Regulations 2021 (S.I. 2021/432), regs. 1, 2(5)(c)

[^key-ae83bb800a7c56d1e227b6d95dc1027a]: Art. 3D inserted (1.9.2021) by The Early Years Foundation Stage (Miscellaneous Amendments) and Childcare Fees (Amendment) Regulations 2021 (S.I. 2021/432), regs. 1, 2(4)

[^key-aeb38d3ac972c5cf15615bae3bff8be6]: Word in art. 5 omitted (1.9.2014) by virtue of The Childcare (Learning and Development Requirements and Exemptions from Registration) (Amendment) Order 2014 (S.I. 2014/913), arts. 1, 4(b)