UK Statutory Instrument SI 2012 United Kingdom

Early Years Foundation Stage (Welfare Requirements) Regulations 2012

These Regulations, made under the Childcare Act 2006 (“the Act”), specify the welfare requirements that early years providers (“providers”) must meet. Together with the “learning and development requirements” specified under section 39(1)(a) of the Act, these form the “Early Years Foundation Stage”.

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
Ofsted
Status
In Force
Penalty ceiling
Prosecution 1 of 9 obligations carry an unlimited fine. 8 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Employer4 Any Person2 Self-Employed Person1

Plus 2 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Employer — also bound by 682 other Acts
TULRCA 1992 72 duties
Any Person — also bound by 2340 other Acts
Self-Employed Person — also bound by 80 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

sch. para. 11 sch. para. 11 Regulated
  • Notify Ofsted of changes to carers, household, or your detailsSelf-Employed Person
s.002 Review Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must review Early Years welfare regulations every 5 yearsCrown / Minister / Government department
s.003 Specification of the welfare requirements (opens in a new tab) Regulated
  • Comply with Early Years Foundation Stage welfare requirementsEmployer
s.004 Requirement on the Chief Inspector and early years childminder agencies (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofsted and childminder agencies must follow welfare requirementsStatutory regulator
s.007 Welfare of children: prohibition on corporal punishment (opens in a new tab) Prosecution
  • Prohibit corporal punishment in early years settingsEmployer

Unlimited fine

s.008 Approval of the suitability of additional premises Regulated
  • Get approval before providing childcare on additional premisesAny Person
s.008 Provision of information (opens in a new tab) Regulated
  • Notify Ofsted of significant changes or eventsAny Person
s.009 Provision of information relating to disqualification (opens in a new tab) Regulated
  • Report staff or household disqualifications to OfstedEmployer
s.010 Failure to comply with welfare requirements notice (opens in a new tab) Regulated
  • Comply with an Ofsted welfare requirements noticeEmployer
22 other provisions — procedural and definitional
sch. para. 1 sch. para. 1
sch. para. 10 sch. para. 10
sch. para. 12 sch. para. 12
sch. para. 3 sch. para. 3
sch. para. 4 sch. para. 4
sch. para. 5 sch. para. 5
sch. para. 6 sch. para. 6
sch. para. 7 sch. para. 7
sch. para. 8 sch. para. 8
sch. para. 9 sch. para. 9
s.001 Citation and commencement (opens in a new tab)
s.002 Interpretation (opens in a new tab)
s.005 Matters to be considered by early years childminder agencies
s.005 Matters to be considered by the Chief Inspector (opens in a new tab)
s.006 Proceedings under Part 3 of the Act (opens in a new tab)
s.011 Service of the welfare requirements notice (opens in a new tab)
s.012 Offence (opens in a new tab)
s.013 Revocations (opens in a new tab)
s.events to be notified to the chief inspector Events to be notified to the Chief Inspector
s.further temporary modification of the welfare requ Further temporary modification of the welfare requirements in the Document
s.matters to be considered by early years childminde Matters to be considered by early years childminder agencies: effect of temporary closure directions
s.temporary modification of the welfare requirements Temporary modification of the welfare requirements in the Document

Help complying

Guvnor’s practical routes through this instrument.

Childcare Ofsted compliance quick check

Rapid compliance audit for Ofsted-registered childcare providers

Handling a safeguarding concern in your childcare setting

Step-by-step guidance for childcare providers responding to a safeguarding concern about a child or staff member

Childcare funding entitlements quick reference

Quick reference for government childcare funding entitlements and claiming process

Responding to an Ofsted inspection concern or inadequate rating

What to do if your childcare setting receives Requires Improvement or Inadequate from Ofsted

Comply with the EYFS Statutory Framework

How to implement the Early Years Foundation Stage (EYFS) framework in your childcare setting. Covers safeguarding, staff ratios, qualifications, learning areas, assessment, …
5 more guides that reference this instrument
Premises and Fire Safety for Childcare Settings Prepare for an Ofsted Inspection Record-Keeping and Data Protection for Childcare Providers Register as a Childminder in England Start and Register a Childcare Business

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.