Early education and childcare rights in England

Section 1 sets out the learning and development requirements for early years providers. It covers what providers must do to promote the learning and development of children in their care. This includes, working in partnership with parents and carers, to contribute positively to a child's brain development. While building readiness for more formal schooling as they grow and develop.

Deaf children need access to the same opportunities as their hearing peers to benefit from early years experiences. Providers have a responsibility to make arrangements for deaf children. They must share with you what arrangements they have, or will, put in place to support your child’s learning and development.

Early years providers must have arrangements in place to support children with Special Educational Needs and Disabilities (SEND). They must identify a special educational needs coordinator (SENCo) to support your child.

The role of a SENCo involves:

• sharing the setting’s approach to identifying SEN and meeting needs
• making sure all staff understands their responsibilities to children with SEND
• advising and supporting colleagues in how to meet your deaf child’s specific needs
• making sure parents are involved throughout
• including parent's and carer's insights to inform action taken by the setting
• liaising with professionals or agencies, such as Teachers of the Deaf (ToDs).

Section 2 sets out the assessment requirements for early years education. These are the two statutory assessments children are a part of during the early years - the Progress check at age 2 (GOV.UK) and the Early Years Foundation Stage Profile (EYFSP) at age 5.

Progress check at age 2

The progress check at age 2 aims to:

• review your child’s development
• celebrate areas where your child is making good progress
• identify any areas of concern or where progress is not as expected. This is so that parents, practitioners and other professionals, such as a ToD, can put support in place
• help you as parents to understand your child’s needs and enhance their development at home
• invite you as parents to share your unique knowledge about your child, family and culture.

Integrated review

You can ask for the setting to arrange a meeting with you to complete the progress check. This is an integrated review.

The review can take place in person or online and you can invite your child’s health visitor and ToD, if you have one. This meeting allows everyone to share their views of your child’s progress. You should get a summary of your child’s progress and any actions to be taken forward. All actions must be jointly agreed between you and the professionals involved.

The Early Years Foundation Stage (EYFS) Profile

The EYFS Profile is a statutory assessment of a child's development. The assessment takes place at the end of the academic year in which children turn 5. This is usually reception year.

Each child’s level of development is assessed against 17 early learning goals (ELGs) across all 7 areas of learning in the EYFS. For each ELG, practitioners must assess whether a child is:

• meeting the level of development expected at the end of the EYFS or
• if they're not yet reaching this level and should be assessed as ‘emerging’.

Two of the areas of learning are communication and language, and literacy. The EYFS Profile recognises and values diversity of language. It's inclusive of children whose first or home language is not English, such as British Sign Language (BSL). If your child uses BSL, their competency must be assessed in relation to BSL.

If your child uses BSL or another language, practitioners must observe them over time. To be confident about what your child understands and knows, they must seek input from parents or carers, and bilingual support assistants. Practitioners should use their professional judgement when making an assessment. They should consider whether accounts provided are consistent with their knowledge of your child.

Section 3 sets out the safeguarding and welfare requirements providers must meet. They aim to help providers create a high-quality, welcoming, and safe setting. It covers topics such as:

• safeguarding and employing suitable people
• training requirements of staff
• ratios of children to adults
• policies and procedures
• first aid requirements
• suitable premises.

When starting at a setting, you and your child must be offered a ‘key person’. It's a key person's responsibility to make sure that your deaf child’s care is tailored to meet their needs. They're responsible for helping your child to get used to the setting and offering a settled relationship for them. As well as building a relationship with you as a parent or carer.

Reasonable adjustments are simple or inexpensive changes an education setting can make. These changes help disabled children and young people access learning. By law, settings must make reasonable adjustments for children who meet the definition of disabled.

Reasonable adjustments can include:

• learning about daily management of hearing devices and assistive technology
• moving the reading corner to an area with good acoustics and lighting
• adding soft pads or covers to table and chair legs to avoid scraping sounds
• adding curtains or soft fabrics and cushions to open areas to reduce sound reverberation
• rearranging spaces to create small, cosy corners for effective communication
• whole setting training around deaf awareness and early communication for deaf children.

Early years providers must work in partnership with you. Sharing what you know about your child’s needs is important for the setting to make reasonable adjustments.

Working parents with children aged 9 months to 2 years old get free childcare entitlement. They currently get 15 hours of free childcare per week for 38 weeks of the year.

From September 2025 this will increase to 30 hours per week.

All 3 to 4-year-olds are entitled to 570 hours of free childcare a year. This works out as 15 hours of free childcare a week over 38 weeks of the year.

Find out how to apply for free childcare (GOV.UK).

Two year olds are entitled to 570 hours of free childcare a year (15 hours a week over 38 weeks), if they:

• have an Education, Health and Care Plan (EHCP)
• receive Disability Living Allowance (DLA).

If your child is 3 or 4 years old and you get income-related benefits, there is extra support. Childcare providers may be eligible for the Early Years Pupil Premium funding (GOV.UK). This money can be spent on training and resources for the setting while your child attends. If you move your child to a different setting, this funding should move with them.