The Early Years Foundation Stage (Welfare Requirements) (Amendment) Regulations 2025: impact assessment - RPC opinion (green-rated)
Regulatory Policy Committee opinion on The Department for Education's impact assessment (IA) in respect of the regulations
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The Early Years Foundation Stage (EYFS) statutory framework for group and school-based providers sets out mandatory staff-to-child ratios, including how many staff at different qualification levels an ‘early years’ setting needs to meet children’s needs and ensure their safety. There are experienced individuals already working, or wanting to work, in early years but who do not hold a full and relevant level 3 qualification, which prevent them from being counted as qualified within staff-to-child ratios. Previously, the only way for these people to work as level 3 staff was to obtain a new full and relevant qualification.
The Government propose to introduce an Experience-Based Route (EBR) for ‘early years’ practitioners, to help address significant workforce challenges within the sector. The EBR represents a shift in how practitioners can qualify to work at Level 3 within statutory staff-to-child ratios. Currently, practitioners must complete a full and relevant Level 3 qualification, typically taking 18-24 months and potentially incurring significant personal cost. Under the EBR, experienced practitioners, who hold either a full and relevant Level 2 qualification, or a non-full and relevant Level 3 qualification in a related field, would be able to qualify through supervised practice, without undertaking a completely new qualification.
The IA quantifies the direct impacts on businesses, including wages, monitoring, and familiarisation costs, as well as revenue benefits. It estimates net benefits to business of £23 million. The calculations and methodology are transparent and evidenced using appropriate data sources. The IA provides a reasonable analysis of the proposal to introduce an EBR for early years practitioners. The assessment of direct impacts on business and the SaMBA are sufficient. While the IA is, overall, fit for purpose, there are some areas that could be strengthened, particularly around wider impacts and the monitoring and evaluation plan.