Welfare requirements

All early years providers must meet the Welfare Requirements. These legal requirements are set out in the Statutory Framework for the Early Years Foundation Stage (EYFS).

The welfare requirements fall under the following five headings:

• Safeguarding and promoting children’s welfare
• Suitable person
• Suitable premises, environment and equipment
• Organisation
• Documentation

The requirements are designed to support early years providers in creating settings which are welcoming, safe and stimulating, and where children are able to enjoy learning through play, to grow in confidence and to fulfil their potential.

The welfare requirements are set out in three sections:

• overarching general legal requirements
• specific legal requirements
• statutory guidance

Providers who are on the early years register must comply with all the legal requirements. Ofsted will base its regulatory and inspection judgements on whether a provider has met the general and specific legal requirements and has had regard to the statutory guidance.

This guidance gives examples of action providers are likely to have to take in order to meet the general and specific legal requirements.

Where Ofsted considers that a provider has failed to comply with any of the welfare requirements, they may give notice to the provider setting out:

• what the provider has failed to comply with
• what action the provider should take to comply
• the period within which the provider should take that action.

It is an offence for a provider to fail to comply with such a notice.

Early years group providers must have written copies of any policies and procedures which are required, for example, to safeguard children or promote equality of opportunity. Providers should ensure that all members of staff have been given copies of these policies and procedures as part of their induction, and that they are explained to, and accessible to all parents.

Schools are not required to have separate policies for the EYFS provided the requirements are met through their policies which cover children of statutory school age.

Childminders will be expected to ensure that any assistants are aware of all policies and procedures, and that they are able to clearly define them for parents and others as and when requested. However, it will not be necessary for childminders to have written copies of all of these policies and procedures.

Further information about the welfare requirements can be found in the documents table below.

[Back to top]