Establishing school-based nursery provision (2024)

Summary

This publication provides non-statutory guidance from the Department for Education (DfE). It has been produced to help schools, governing bodies and childcare providers to establish nursery provision on school sites, in collaboration with local authorities and responsible bodies.

Who this publication is for

This guidance is for:

• head teachers
• local authorities
• multi-academy trust leaders
• school governors or trustees
• private, voluntary, or independent childcare providers
• childminders
• faith-based education authorities

This guidance is orientated toward the establishment of new school-based nurseries, though many aspects are applicable to schools seeking to expand existing provision.

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Introduction

What is a school-based nursery (SBN)?

A school-based nursery (SBN) is nursery provision located on a school site (or satellite site). SBNs can operate under different delivery models. The delivery model used can impact on many factors, including but not limited to:

• registration requirements
• the age of children able to enrol
• the qualification make-up of staff needed
• Ofsted registration and inspection arrangements
• the regulatory and compliance standards that must be met
• funding sources
• operational flexibility
• the integration of nursery activities with the school’s curriculum and resources

Delivery models:

• nursery classes which are an embedded part of a school where the nursery children are enrolled as pupils and included in the school age range
• nursery units which are governor run as a community facility in a maintained school
• provision run by a private, voluntary, and independent (PVI) nursery leasing space on a school premises or operating on the school’s behalf
• provision run by a childminder, or group of childminders, leasing space on a school premises
• maintained nursery schools which are schools that only offer early education provision

Some models may require separate registration with Ofsted or a childminder agency from the school (and associated fees and registration requirements). Schools are encouraged to consider this when deciding the most appropriate delivery model for the new provision.

Benefits of an SBN

High-quality early education is essential for giving every child the best start in life and transforming their life chances. It is especially effective for children from disadvantaged families.

SBNs play a crucial role in this, making up 20% of registered early education places in 2023. School-based providers make up a greater share of places in the most deprived areas and have a greater proportion of children with special educational needs and disabilities (SEND) compared to private group-based providers.

SBNs could help establish and build relationships between families and schools ahead of formal education and offer convenience for parents and carers with other children already attending the primary school. Additionally, opening or expanding SBN provision can be an effective use of surplus space in school buildings or on a school site, where this space is not needed in the immediate future for other provision.

Establishing an SBN

This guidance details what you need to consider if you wish to open nursery provision at your school. It distinguishes between ‘must have’ statutory requirements covered in the Early years foundation stage (EYFS) statutory framework, DfE technical standards for buildings and grounds, Ofsted or other school premises legislation, and suggests additional amenities for consideration based on best practice or sector expectations. This guidance provides an overview of key considerations and directs you to other guidance. It is not an exhaustive list and discretion should be used.

Schools suitable for an SBN

Need for additional childcare places

You should be confident there is, or will be, a need for additional early education places in the local area. While you may receive direct requests from families, it is essential to confirm this with the local authority. Local authorities actively collaborate with schools and other providers to encourage expansion where necessary to meet forecasted demand. Local authorities also receive data from the DfE on households that may be eligible for the 15 hour early education entitlement for disadvantaged 2-year-olds. This is an additional source of information that may help to identify demand from families with children that stand to benefit the most from early education.

Local authorities have a legal duty to secure sufficient early education places for working parents and carers, as far as reasonably practicable (section 6-7 of the Childcare Act 2006), and to secure the provision of the free early education entitlements in accordance with regulations (section 2 of the Childcare Act 2016). Early education and childcare statutory guidance places an expectation on local authorities to “identify and remove barriers that prevent existing providers from expanding their provision and new providers from entering the local childcare market if needed”. They play an important role in assessing overall market stability and determining suitability of SBN provision. For instance, they could advise on whether opening an SBN for 3 and 4-year-olds could lead to unintended consequences which could create a sufficiency issue. Your local authority early years lead and pupil place planning lead can provide further support.

School leaders or responsible bodies should also be aware of the early years funding entitlements available to families, which may lead to increased demand in your local area. These could act as a source of income to your new provision. Parents and carers may also be eligible for childcare support through Tax-Free Childcare or Universal Credit Childcare. Parents and carers can check what childcare support they are entitled to at Childcare Choices.

Suitable space for SBN provision

To identify a suitable space on the school premises for an SBN, the following elements should be considered.

Site planning recommendations

It is recommended that an SBN should:

• be located at ground floor level with direct level access to a dedicated enclosed outdoor play area and near to other learning opportunities offered by the whole school (for example horticulture and habitat area) to support the delivery of the EYFS curriculum
• be adjacent to or near reception classroom(s) if possible, offering good visibility for parents and carers and clear sightlines to enable staff to observe activity both indoors and outdoors, without actively supervising (for example, being able to see when a visitor arrives, if a child or family member needs assistance or if an unknown person is loitering)
• have independent access from the main school building to facilitate drop-off and pick up
• if possible, be near to the school’s main reception area to enable use of shared visitor, administrative and support facilities (for nurseries located some distance away from the main reception or delivered by a PVI or childminders, a dedicated nursery entrance with a secure route to the nursery may be needed)
• be near to school facilities

High quality learning environments

Nursery arrivals and entrance

SBNs should have a safe and welcoming arrival route. Pedestrian routes should be well lit and kept separate from vehicles. Access to the nursery should align with wider school site security arrangements to consider arrivals and departures throughout the school day for parents and carers, children and visitors.

The entrance area of the SBN, as the first place of contact for children, parents and carers, should be welcoming and well-presented with clear signage. Consider the following practical aspects to ensure accessibility, safety, and efficiency. The following are options for consideration, not an exhaustive list of essential criteria.

Indoor learning environment

You must adhere to the indoor space requirements outlined in the EYFS statutory framework.

‘Base space requirement’ is the minimum usable room area used by children for play and learning excluding support spaces.

For example:

• 26 pre-school children (3-4 years) would need a minimum usable area of 60m²
• 26 toddlers (2-3 years) would need a minimum usable area of 65m²
• 26 toddlers or babies (under 2 years) would need a minimum usable area of 91m²

It is recommended that class sizes do not exceed 18 children per class for children under 2 years.

The nursery classroom and its associated spaces should be inclusive for all users. Separate rooms should be provided for each age group, whilst permitting some cross-age group integration where appropriate. There should be a separate baby room for children under the age of two. Providers must ensure that children in a baby room have contact with older children and are moved into the older age group when appropriate.

When separate rooms are provided, ensure staffing levels and supervision meet the legal minimum requirements as outlined in the EYFS statutory framework. Good visibility between spaces for supervision is recommended and can be achieved through open-plan arrangements, low level furniture and the use of glazed screens in partitions and doors.

Nursery playroom or classroom

The main area should permit a range of layout options and age-appropriate activities which facilitate the delivery of the early education curriculum. Examples include:

• reading corner
• cosy area
• storytelling area (sized for whole or part class)
• role play area (for example play kitchen, shop, dressing up)
• music area
• creative area (for example arts and craft stations, painting, messy play, clay work)
• sand and water play with access to a sink
• construction area
• small world area (farm, zoo animals, dinosaurs)

For children under three years, you should consider suitable safe sleeping provision for example a dedicated quiet area, dimmable lighting and anti-ligature blinds. For children wearing nappies you should also provide direct access to nappy changing facilities.

Classrooms should also include high and low-level sinks with drinking water and a variety of storage solutions for example trays, under bench, wall mounted and moveable units for toys and learning resources. Fixed solutions can offer higher levels of storage whilst non-fixed solutions provide flexibility.

You will also need to consider where children will eat and how they will be served. You could provide a dining area with low-level tables and chairs for all children taking nursery meals in the nursery area or consider sharing facilities elsewhere in the school.

Where possible, designate a separate room for individual and small group activities. Consider the provision of glazed screens for cross supervision and direct access from the playroom. This space can also serve as a quiet room or sensory room.

Provide direct access from the play space to a dedicated, covered outdoor area to facilitate seamless indoor-outdoor learning experiences.

Supplementary spaces

To create a more supportive, inclusive and versatile learning environment for all children, consider a space for children to relax and collect their thoughts away from others to support emotional regulation and undertake individual or small group activities. You could also equip a special room for light and sound play and therapy, which can be used with all children and may be especially supportive for children with SEND.

Toilets and changing areas

Children’s toilets and changing areas are important for a child’s development and early education experience. They should be welcoming, hygienic, and easily supervised. Children’s privacy must be considered and balanced with safeguarding and support needs. Standards on school premises guidance and the EYFS statutory framework detail requirements and considerations, including:

• easily supervised toilets located directly off the nursery playroom(s) or baby room(s) with easy access from outdoor play areas (safeguarding requirements must be maintained at all times)
• age-appropriate low-level toilet seats and wash hand basins with a ratio of 1 per 10 pupils or part thereof (low-level cubicles should provide pupil privacy and be easily accessible)
• hand drying options such as paper towels or automatic hand dryers (noting that some young children may dislike the noise of automatic hand dryers)
• mixer taps which are easy to use, with low-temperature fittings and with concealed pipework which is easily accessible for maintenance
• hygienic changing facilities directly accessible from the nursery playroom or baby room (this could be a dedicated space with privacy screening located off another space, such as pupil toilets)
• dedicated staff handwash sink and child sink, changing table with steps, storage, and nappy waste bins
• if potty training is undertaken, a hygienic means of waste disposal and potty cleaning (a hand wash sink must not be used)

To ensure that the nursery environment is safe, hygienic, and supportive of both children’s and staff’s needs, the following elements should be considered.

Additional spaces

Suitable places for coats and bags, food, and materials storage are essential for the everyday life of the nursery. From personalised pegs to the preparation of nutritious snacks and the safe storage of specific food or medical requirements, these spaces play an important role. The location and arrangement of these ancillary spaces are important for the smooth operation of the nursery, the sequence of activities, and the ease of transition between inside and outside space.

The following areas should be considered.

For nursery provision run by a school, there is an opportunity to share existing facilities, subject to safeguarding, staffing levels, capacity, and ease of access from the nursery. This approach can maximise the use of existing assets, reduce operation and maintenance costs, and enhance interaction between the nursery and the rest of the school. However, nurseries operated by PVIs or childminders should have separate facilities to maintain school security and safeguarding.

The following key facilities should be considered for sharing.

For nurseries operated by PVIs or childminders, the following separate facilities may be needed to maintain school security and safeguarding requirements.

Finishes, furniture and technology

Finishes, furniture, and technology, as well as fittings and equipment (FF&E), are essential for supporting a range of learning activities and providing a high-quality environment in the nursery. These elements should be robust, durable, and safe for young children and adults, contributing to the overall ‘look and feel’ of the nursery, and they should be easy to use, clean and maintain.

The DfE Construction Framework 2021 outlines the FF&E and technology that should feature in the design and construction of school premises. Whether a school, PVIs or childminder is operating the nursery, if the space is on a school site, it is recommended that technical professionals involved in the design and construction consult the relevant technical standards.

The following elements should be considered.

Outdoor learning environment

The EYFS statutory framework requires SBNs to provide access to an outdoor play area. If this is not possible, outdoor activities must be planned and taken daily, ensuring non-discriminatory provision under the Equality Act 2010 to enable participation for all.

The following table sets out non-statutory outdoor area guidelines that the Department for Education has established for nursery children (age 3 or 4) in mainstream schools in Building Bulletin 103 (BB103). This accounts for possible dedicated outdoor space for early years (nursery and reception children) including some sheltered space. BB103 acknowledges that “some schools will be on restricted sites and will not have enough outdoor space to meet requirements on site. In these situations, pupils will need to be provided with access to suitable off-site provision. On restricted sites, where space will be at a premium, a flexible approach to the site area and the management of the use of that area will be needed.” (BB103 Area Guidelines for Mainstream Schools, 2014, page 36, viewed on 2 October 2024).

For example, for a nursery with a capacity of 26 full time equivalent places, the recommended minimum net outdoor play area is 130m² of which a minimum 26m² is hard play area and a minimum 52m² is soft play area.

The remaining 52m² can be made up of a combination of these or other usable play space. Areas such as footpaths, roads, parking, refuse and storage are excluded from this area.

The following elements should be considered when designing the outdoor learning environment .

Technical requirements

All works undertaken must comply with statutory and regulatory requirements, including but not limited to:

• building regulations
• workplace (health, safety and welfare) regulations
• The School Premises (England) Regulations 2012 (SPRs)
• The Education (Independent School Standards) (England) Regulations 2010 (ISS)

You should conduct your own condition and compliance checks as part of your estate management responsibilities and should consider updating your insurance policies accordingly. The following are key elements for consideration.

Procurement and technical advice

You could consider contracting a technical advisor to provide specialised expertise and support. When doing so, it’s crucial to ensure that the fees charged represent good value for money. Fees at or below 10%, or any ‘no-win-no-fee’ arrangements do not necessarily offer good value. You should thoroughly evaluate the advisor’s qualifications, experience, and the scope of services provided to ensure they meet your needs effectively and efficiently.

The Department for Education’s Buying for schools: get free help from procurement specialists service offers free support to all state-funded schools in England. These specialists provide advice and guidance to ensure compliant purchasing, review procurement documents, and assist with framework agreements. For complex or high-value procurements, they offer additional help, including running the procurement process. Schools can request support through the service, which aims to save time and money while ensuring compliance.

Permissions needed to open or expand SBN provision

Securing the necessary permissions, including significant change and land transactions processes, are essential steps for schools planning to open or expand an SBN. Below are some key points to consider. This is not an exhaustive list.

Local authorities

Local authorities are responsible for ensuring there is sufficient nursery provision in their area to meet the needs of families. It is crucial to have the local authority’s agreement in opening or expanding an SBN to ensure a balanced and sustainable approach to nursery provision, and to consider whether surplus space may be required for other longer-term priorities. For example, you should consult with your local authority early years lead and pupil place planning lead.

Published Admissions Number (PAN)

As part of determining their admission arrangements, all admission authorities must set a Published Admission Number (PAN) for each relevant age group. This is the number of pupils a school plans to admit to their normal year of admission (the reception year in a primary school). Subject to very limited exceptions, a school may not refuse to admit a pupil if they have not reached their PAN. Schools applying for the SBN Capital Grant should consider whether they need to reduce their PAN, for example, if they have not already reduced the PAN to reflect falling pupil numbers in their reception year.

In order to reduce their PAN, schools must ordinarily consult in accordance with paragraphs 1.45 to 1.48 of the School admissions code. Where this is not possible, they may be able to request a variation (from the schools adjudicator in the case of maintained schools and from the Secretary of State in the case of academies). See paragraphs 3.6 and 3.7 of the code for further information about variations. Information on how to apply for a variation is available at School admission arrangements.

Making a significant change

Schools must apply for significant changes, such as expanding physical capacity and changing the age range. This involves submitting plans and justifications to the relevant authorities, which depends on the school type. The submitted applications are assessed by the relevant authorities, which may include local authorities, dioceses (for faith schools), and the Department for Education. For more information, refer to:

• making significant changes (‘prescribed alterations’) to maintained schools
• making significant changes to an academy

For academies applying for the School-Based Nursery Capital Grant 2024 to 2025, we have consolidated the requirement to apply to the department for approval to make a significant change with the capital bidding process. This means that academy schools will only need to follow a single process if they are:

• adding a new nursery (changing the age range of the school)
• expanding existing nursery provision by more than 30 places
• reducing the capacity of the school by more than 30 places to accommodate the new or expanded nursery

Maintained schools applying for the School-Based Nursery Capital Grant 2024 to 2025 should refer to the ‘Making significant changes’ guidance to determine whether it is necessary to follow the prescribed alteration (PA) process. The department’s intention, subject to Parliamentary procedure, is to remove the requirement to follow the statutory process to add a nursery as soon as possible. We will update this guidance once this change has been confirmed.

Land transactions

Schools will need to review the terms on which they occupy land, including the requirements of any lease or other land agreement to understand their rights and the obligations required to carry out works, make alterations, change the use or dispose of part of their premises.

Where necessary, schools must engage with their direct landlord or freehold landowner to obtain consents for any changes in land use, disposal of land or property, or proposed alterations. This is crucial for ensuring compliance with legal, contractual and regulatory requirements. In faith schools, roles such as the landowner might overlap with diocesan responsibilities, making it essential to engage with both the diocese and the trustees.

Schools should also be aware of the need to engage the Secretary of State for Education when making changes to land. To streamline land transactions that require consent from the Secretary of State, the department will shortly be publishing a new general consent order. This will provide blanket consent for many land transactions that relate to early education. The updated guidance will be foundat Submit a school land transaction proposal.

For land transactions that are not covered by the general consent order, engagement with the Secretary of State for Education will still be required. However, the department will also put in place new internal measures to streamline these decisions where they relate to early education, meaning that all land transactions decisions should be made more quickly than previously. Guidance on these procedures will be published at Submit a school land transaction proposal.

Planning permission and regulations

Schools may need to obtain planning permission from the local planning authority or Historic England for significant building works, intensification or changes to the use of land, or if a different provider will operate the nursery. This ensures that the proposed changes comply with local planning policies and regulations.

Compliance with the building regulations such as fire and electrical safety, ventilation, and sanitation is essential for any construction or alteration work. Building inspectors control activities to ensure that buildings are safe, accessible, and energy efficient.

Schools must also ensure that all capital works comply with environmental and safety regulations. This may involve obtaining specific consents or approvals related to environmental impact, building safety, and accessibility. For example, schools may need to obtain permissions from the local planning authority, especially if the capital works involve protected areas, such as trees under a Tree Preservation Order (TPO).

Public authorities have a duty to conserve and enhance biodiversity. Opportunities should be undertaken to enhance and conserve wildlife habitats and biodiversity, promote environmental sustainability and integrate these into the nursery curriculum and provision. Local authorities can provide guidance and permissions related to these aspects.

Faith schools

Faith schools require additional permissions from the diocese or religious authority, which often represent the charitable trustees holding the freehold. The diocese or authority coordinates with trustees to ensure compliance with trust deeds and charity law.

Multi-academy trusts

A multi-academy trust’s (MAT) board of trustees must approve plans for opening or expanding an SBN. This includes ensuring that the proposed changes align with the trust’s strategic objectives and comply with legal and regulatory requirements. MATs need to work closely with local authorities to ensure that the new or expanded nursery provision meets local needs and does not destabilise the local childcare market.

Ofsted or childminder agency registration

Depending on the chosen delivery model for the new nursery provision, this might need to be registered separately with Ofsted which would mean it is inspected as a registered early years provider, not as part of the school inspections. For example, SBNs that provide care for children under two years old must register with Ofsted separately and be inspected independently of school provision. This registration is necessary because these nurseries are not covered under the school’s regular inspection framework.

Similarly, PVI nurseries operating on school premises must also register with Ofsted, as they are inspected separately from the school. This ensures that all early education settings, regardless of their delivery model, maintain high-quality care and education for young children.

Full information about the requirements for compulsory registration can be found in Ofsted’s Registering school-based childcare provision and childcare registration exemptions guidance documents.

Schools which successfully apply for funding through the School-Based Nurseries Capital Grant 2024 to 2025 must note that they are not automatically guaranteed approval for Ofsted registration.

Childminders must register their provision with either Ofsted or a childminder agency.

Co-location with other providers

Leasing surplus space to PVIs or childminders can be beneficial, providing early education places and additional income for schools. However, you should be mindful of how long you lease surplus space for and whether you will need this space for other purposes in the future. For example, PVIs may require long leases (for example 5+ years).

The act of granting a lease will create a new registrable interest in the land and will give the tenant a right of exclusive possession for a fixed term of years. Schools will not be able to reoccupy this space until the lease expires, other than by negotiation of an early surrender or if landlord break options are negotiated and agreed at the outset.

Alternatively, a licence of occupation could be granted. This is a more flexible agreement which does not create an interest in the land and can be more easily terminated. A licence grants a licensee a non-exclusive right to use space for specific hours or days and can be used to allow occupation for period of up to 12 months. This may be more suitable for temporary users of the space, for example external wraparound providers or childminders. Be aware that if a licence permits exclusive use of the space and extends for a longer period than 12 months, it may be construed as a lease and could grant the occupier additional rights over the property.

In both cases, consult a solicitor to create the legal documentation before formalising any agreement and understand if consents are needed from third parties before entering into a leasing arrangement (for example, academies may need ESFA consent. You should agree on the main terms with the other party before hiring a solicitor, this can help to avoid failed agreements and extra legal costs. A heads of terms document will provide summary of the agreed terms for the proposed occupation by a third party. The leasehold and licencing templates in Annex A and Annex B can be used as a basis for negotiation. Once an agreement is reached, the heads of terms should be issued to a solicitor to draft a new lease or licence.

Be aware that any negotiation by email or written correspondence should always be marked “subject to contract” to ensure that any provisional acceptance of terms does not grant the proposed occupier any rights until the lease or licence is formally agreed, prepared and signed.

Private, voluntary or independent providers (PVIs)

Schools that identify suitable space for new or expanded nursery provision may choose to lease land for a PVI to operate. There are many circumstances where schools leasing surplus space to the PVI sector have been effective. It has resulted in mutual benefits to both parties, providing onsite early education places whilst delivering an additional income stream for the school. However, these opportunities are heavily reliant on suitable accommodation being in the correct location.

Childminders

From 1 November 2024, the government is introducing new flexibilities for childminders so that they can work more, or exclusively, from non-domestic premises, as well as with more childminders or assistants (up to a maximum of 4 in total).

Childminders may be able to offer more flexibility than other types of childcare provision. It could be mutually beneficial for a childminder or group of childminders to operate from a school site. Childminders will still need to comply with the requirements of the Early years foundation stage (EYFS) statutory framework for childminders or the childminder requirements of the General Childcare Register depending on the age of the children that they look after.

Financial planning

The governing body should consider a holistic approach to deliver an operational space ready for teaching children and satisfy itself that the project is affordable and viable in the long term. The governing body should undertake a stress test of the business case, demand, budget and timelines, assessing affordability if risks should materialise and apply optimism bias to critically analyse the investment proposed.

School leaders, governors and trustees should regularly review the business case in the early start-up phase and at regular intervals, to satisfy themselves that the financial objectives are still met as a standalone offering, and risk mitigation is still valid, adjusting where needed.

Consider such areas as:

• the higher initial start-up costs
• the certainty of demand in the local area
• short- and longer-term cash flow management
• revenue generation
• fluctuations in staffing costs
• staff continuous professional development
• on-going marketing and communications
• maintenance costs and life cycle replacement costs

The ‘Early years pupil premium (EYPP)’ and ‘Disability access fund’ are two potential sources of support for providers where they have, or could have, eligible children benefiting from early education entitlements.

More information and resources can be found at School and academy financial management and assurance. Additionally, Childcare Works also offer resources and training at HUB Early Years.

Workforce

When planning your workforce needs, it’s essential to determine whether your SBN will operate term time only or year-round. Additionally, decide on the type of sessions you will offer - fixed hours or flexible, one or two sessions a day, and whether these will be days of fixed or variable length - as this will impact staffing needs, scheduling, and contracts.

If your SBN is part of a maintained school or academy, you will need to follow the terms and conditions set out in School teachers’ pay and conditions for school leaders and school teachers. Maintained schools will need to follow the National Joint Council for Local Government Services for other staff. If your SBN is a PVI, you are not bound by national pay and conditions and can set your own.

You should also establish your rates and whether you will offer additional hours outside of entitlements, as this can influence staffing levels and financial planning. A nursery should not put conditions on funded hours (for example, allowing parents and carers to access their entitlement only if they agree to take additional paid hours or pay for lunches), but parents and carers should have the opportunity to pay for additional hours or consumables, if this is something your SBN offers. For more information about entitlements, see Early education and childcare.

Recruitment is another critical aspect. You should consider when to start recruiting and what additional staff are needed, including roles such as early educators, support staff, and administrative personnel. The dedicated website Early Years Careers: Be part of something big provides valuable information on gaining qualifications and hosts job vacancies. It also provides additional recruitment resources to enhance your recruitment efforts.

Safeguarding

The EYFS statutory framework sets out the requirements for providers regarding staff suitability, relevant qualifications and training, including the requirement for an enhanced DBS check.

Every setting must have a lead practitioner responsible for providing support, advice, and guidance to other staff on specific safeguarding issues. This lead practitioner must attend a child protection training course that enables them to identify, understand, and respond appropriately to signs of possible abuse and neglect.

Providers may consider additional safeguarding training, such as safer recruitment practices, building a safer organisational culture, and collaborating with other practitioners to safeguard children.

Providers must ensure that all staff are trained to understand their safeguarding policy and procedures and that they have up-to-date knowledge of safeguarding issues.

Leadership

Strong leadership dedicated to the nursery is essential. Under some delivery models, such as PVI settings, having a dedicated nursery manager is a requirement. This manager focuses on the operational needs of the nursery, such as curriculum development, staff training, and regulatory compliance. They should be adept at strategic planning and resource management to ensure the sustainability and growth of the nursery. For more information on nursery manager requirements, see the EYFS statutory framework.

For nursery classes embedded as part of a school, and for maintained nursery schools, the headteacher can fulfil this leadership role. However, it is still beneficial to consider providing a dedicated senior leader to focus on the SBN. They can help ensure the nursery maintains high standards of care and education, adapt quickly to any changes or challenges, and ensure that the specific needs of the youngest children are met effectively. This helps create a cohesive and well-managed nursery that supports the overall goals of the school.

Leadership training programmes, such as the Early years leadership national professional qualification can help equip leaders with the necessary expertise. There are also a range of resources available to leaders and governors provision offered by local authorities. For example, Dudley Council have developed governor training for SBN and wraparound provision (see School or Governor-Led Childcare: Resources from Dudley Council).

Teaching staff

Early years (EY) qualifications differ significantly from primary school staffing requirements. Different types of SBNs have varying staffing requirements. For instance, maintained nursery classes must be led by a staff member with Qualified Teacher Status (QTS), while PVIs on a school-site might have different criteria for their lead educators.

TheEYFS statutory framework outlines the qualification and ratio requirements for group and school-based providers in England. Approved or “full and relevant” qualificationsare listed on the early years qualifications list. These qualifications enable the holder to be counted within the staff-to-child ratios specified in the EYFS statutory framework at different qualification levels (2, 3, and 6).

Staff:child ratio requirements

Staff:child ratios are the statutory minimum requirements for early education settings, outlining the number of staff at different qualification levels needed to meet children’s needs and ensure their safety. Settings may need to deploy additional staff if other needs are identified.

The EYFS statutory framework outlines the staff:child ratio requirements that early years settings are required to meet. If the provision is registered with Ofsted the requirements for children in schools depend on the type of school, the qualifications of the staff working directly with the children, and the age of the majority of the children in the school year.

Level 6 staff:child ratios

An individual must have Early Years Teacher Status (EYTS), Early Years Professional Status (EYPS, a legacy version of EYTS), or Qualified Teacher Status (QTS). Staff with EYTS are specialist teachers trained to teach the early years foundation stage (EYFS) to children from birth to age five.

QTS can be obtained through various routes, including Initial Teacher Training, assessment-only QTS for experienced teachers, or international QTS (iQTS).

Staff with EYTS or EYPS can be employed as early education teachers within academy and PVI settings. To teach children aged over 2 in maintained nursery schools or school-based nurseries, the lead teacher must have QTS.

Additional requirements may also apply, see the EYFS statutory framework for details.

Level 3 staff:child ratios

To work within level 3 staff:child ratios, as an Early Years Educator or Setting Manager, individuals must hold a ‘full and relevant’ level 3, 4, 5, 6, 7, or 8 qualification that appears on the early years qualifications list (EYQL). Additional requirements may also apply, see the EYFS statutory framework for details.

Level 2 staff:child ratios

To work within level 2 staff:child ratios, as an early years practitioner, individuals must hold a ‘full and relevant’ level 2 qualification listed on the EYQL.

Working as an unqualified member of staff

No formal qualifications are required to work as an unqualified staff member in an early education setting. However, staffing arrangements must meet the needs of children and ensure their safety. Additional requirements may also apply, see the EYFS statutory framework for more details.

Paediatric first aid

Schools with early education places must adhere to the paediatric first aid (PFA) requirements outlined in the EYFS statutory framework. This mandates that at least one person with a current PFA certificate must always be on the premises and available when children are present. Providers should consider the number of children, staff, and the layout of the premises to ensure that a paediatric first aider can respond to emergencies quickly.

Having more staff trained in PFA can enhance the speed of response to medical incidents. The Department for Education encourages having more than one PFA-trained member of staff always present with young children.

Training and continuing professional development (CPD)

The DfE offers a dedicated platform to support early education providers, featuring a range of resources, including targeted support for early educators, areas of learning, and children’s health and wellbeing. You can access these resources at Help for early years providers.

Additionally, the DfE provides a free online early education child development training programme suitable for staff. This programme combines theory with practical tips and ideas for use in early education settings, along with opportunities to reflect on your learning and practice. It offers a thorough understanding of the most important aspects of child development in the early years, with links to additional reading and training resources. You can find this programme at Early years child development training.

The DfE has also appointed 18 Early Years Stronger Practice Hubs which are partnerships of up to 5 early education providers with the lead being a group based PVI or school-based setting. These hubs help settings adopt evidence-based practice improvements through established local networks and act as a point of contact for bespoke support. Schools can find more information and locate their nearest hub at Stronger Practice Hubs.

Managing an SBN

Managing an SBN involves strategic planning and diligent management to ensure a high-quality, nurturing, and efficient learning environment for young children. It’s essential to consider these aspects during the planning stages of opening or expanding an SBN.The following outlines some of these aspects. It is not an exhaustive list.

Create or update policies

Draft or update policies to ensure they comply with current regulations and best practices. Key policies include safeguarding, child protection, health and safety, equality and diversity, behaviour management, and data protection. Ensure all staff and governors are trained on relevant policies and understand their roles and responsibilities. Regularly review and update policies to reflect any changes in legislation or practice.

Implement comprehensive health and safety protocols, including regular risk assessments, emergency procedures, and hygiene practices. Maintain accurate records of attendance, staff qualifications, health and safety checks, and other essential documentation.

Develop a curriculum

Create a comprehensive curriculum that aligns with the EYFS statutory framework. Ensure it covers all areas of learning and development, including communication, physical development, personal, social, and emotional development, literacy, mathematics, understanding the world, and expressive arts.

Implement a system for ongoing assessment and evaluation of the curriculum. Be flexible and ready to adapt the curriculum to meet the evolving needs of the children and the community. Regularly update resources and teaching methods to ensure they remain relevant and effective.

Purchase resources

Purchase age-appropriate educational materials and resources that support the curriculum. This includes books, toys, art supplies, outdoor play equipment, and digital tools. Ensure resources are inclusive and cater to children with diverse needs, including children with SEND.

Advertise places to families

Develop a marketing strategy to promote the nursery to local families. Use a mix of online and offline channels, such as social media, local newspapers, community boards, and open days. Consider engaging with the community through events, workshops, and partnerships with local organisations. Highlight the unique features of your nursery, such as specialised programmes, experienced staff, and excellent facilities. You can find more information and resources at Childcare Choices. Your local authority may be able to help you to identify places where there may be a higher prevalence of families that may be eligible for early education using information that the DfE provides on potentially eligible households with a 2-year-old.

Parental engagement

Establish clear and effective communication channels with parents and carers, using existing communication channels within the school. This can include regular newsletters, parent-teacher meetings, and digital platforms for updates and feedback. Encourage parental involvement in the nursery through events, workshops, and volunteer opportunities. Your local authority may be able to help you to identify parents and carers that might be eligible for the 15-hour early education entitlement for 2-year-olds.

Plan ongoing maintenance

Regularly maintain and inspect the premises to ensure they are clean, safe, efficient and meet statutory requirements. Schedule regular servicing and repairs of essential systems, such as heating, ventilation, air conditioning (HVAC), plumbing, and electrical systems. This helps prevent breakdowns and ensures they operate efficiently and safely. Maintain detailed logs to track issues, plan future maintenance, and demonstrate compliance with statutory regulations and best practice. Further information can be found in Good estate management for schools.

Financial management

Develop a detailed budget that covers all operational costs, including salaries, resources, maintenance, and training. Monitor expenses and adjust the budget as needed. Explore funding opportunities to support the nursery’s operations and development. Early years pupil premium is a potential additional source of financial support.