Early education and childcare funding terms and conditions

These Early Education and Childcare Funding Terms and Conditions (“the Agreement”) govern the terms on which Oxfordshire County Council will provide funding to providers, who are accepted as Approved Providers for the provision of early years education and childcare for:

• The 15 hours free entitlement for three- and four-year-old children who are eligible (universal entitlement)
• The 30 hours free entitlement for children aged 9 months to four years old for eligible working parents (working parent entitlement)
• The 15 hours free entitlement for eligible disadvantaged two-year-old children (disadvantaged 2-year-olds entitlement)

An “Approved Provider” is one of the following:

• Private, voluntary, or independent childcare providers registered either on the Ofsted Early Years Register or with the Secretary of State as an academy, free school or independent school
• Childminders registered on the Ofsted Early Years Register: or childminders who are part of a childminding agency registered with Ofsted
• Nursery units of academy schools
• Schools taking children aged two and over which are exempt from registration with Ofsted as an early years provider

Funding will be provided in accordance with the council’s statutory duties under the Childcare Act 2006 and Early Education and Childcare Statutory Guidance for local authorities 1 April 2025, as amended from time to time. 

If any changes are made to legislation and guidance issued by the Department for Education relating to the provision of the free early education and childcare provision, the council may vary the Agreement to reflect the changes made. In the event of anyamendment or variation to this Agreement being necessary, the council will publish details of the changes and the date on which the revised terms are to take effect on its website. The revisions to the Agreement shall apply to Providers from the date stated.

If you have any queries regarding the Early Education Funding Agreement, please email earlyeducation@Oxfordshire.gov.uk   with ‘Early Education Funding Terms’ in the subject line.

Parties

1. Oxfordshire County Council of County Hall, New Road, Oxford, OX1 1ND (the “council”); and
2. The Approved Early Years Education Provider (the “Provider”)

Background

(A) The council, in accordance with the council’s statutory duties under the Childcare Act 2006 (as amended) and the Early Education and Childcare Statutory Guidance for local authorities, has agreed to pay the Early Years and Childcare Funding to the Provider, calculated in accordance with the National Early Years Funding Formula, in respect of eligible children.

(B) In return for such funding the Provider has agreed to deliver the early education and childcare entitlement for 9-23 months, two, three and four-year olds (as applicable) on the terms and conditions set out in this Agreement (“the Agreement”).  

Agreed Terms

The Provider agrees to comply with this Agreement and use any Early Education and Childcare funding received from the council in accordance with the terms and conditions set out below and for no other purpose.

1.  Early Education and Childcare

1.1  The Provider shall deliver and provide one or more of the following types of free early education and childcare entitlements (the "Services”):

• to three and four-year-olds ("Universal Entitlement") - a funded place of 570 hours per year ; and/or
• to eligible funded disadvantaged two-year-olds ("Disadvantaged 2-Year-old Entitlement") - a funded place of 570 hours per year; and/or
• for the entitlement for eligible working parents (including foster parents) ("Working Parent Entitlement") - funded places for up to 1140 hours per year

in accordance with the following conditions:

• No childcare session shall be longer than 10 hours
• There shall (subject to requirements of registration of the Provider's setting on the Ofsted Early Years Register) be no minimum childcare session length
• No childcare session shall commence before 6am nor continue after 8pm; and
• The childcare sessions shall be provided over no more than two sites per day
• The commitment to deliver the number of hours per year for each funded place as set out above are for Services delivered directly to each child and do not include bank holidays nor inset days.
• Start Dates for the Services 

No earlier than the start of the term immediately following:

1. the date the child becomes 9 months old for the Working Parent Entitlement;
2. the child's second birthday for the Disadvantaged 2-Year-old Entitlement; and
3. the child's third birthday for the Universal Entitlement. 

1.2    The Provider shall provide consistency and flexibility to parents of eligible children as to how they are able to access their entitlements and deliver it in a way that reflects parental demand as far as is possible. (For example, by enabling parents to take up patterns of fewer free hours a week over more weeks of the year, if there is sufficient capacity and in continuous blocks, without artificial breaks).

1.3     The Provider must comply with all relevant legislation and insurance   requirements in relation to the provision of the childcare at their setting. 

  2.  Safeguarding 

The Provider shall:

2.1  comply with the requirements of the Early Years Foundation Stage Statutory Framework (group and school-based providers) or Early Years Foundation Stage Statutory Framework for Childminders as may be amended from time to time; 

2.2  maintain and comply with accurate and up to date policies and procedures in line with statutory guidance and the Oxfordshire Safeguarding Children Partnership’s procedures;

2.3   ensure that a Designated Safeguarding Lead (DSL) is appointed by the Provider, who must attend a DSL child protection training course that enables them to identify, understand and respond appropriately to signs of possible abuse and neglect, taking account of any advice from local safeguarding partners via OSCP or the Local Authority Early Years Team on appropriate training courses;

2.4   ensure that all staff and volunteers understand safeguarding policy and procedures and have training to identify signs of abuse and neglect; 

2.5    comply with Working together to safeguard children - GOV.UK guidance and the Prevent duty guidance: England and Wales - GOV.UK;

2.6    annually complete an early years safeguarding self-assessment audit in line with the requirements of the Children Act 2004; addressing any arising actions and return when requested by the council without delay; and

2.7  always follow ‘safer recruitment’ procedures when recruiting staff.

3. Eligibility 

3.1  The Provider shall:

3.1.1   check original copies of documentation (birth certificate / passport) to confirm a child has reached the eligible age on initial registration for all free entitlements. A record of the date and the member of staff who has checked the documentation must be made on the parental declaration form;

3.1.2   procure the completion of a declaration (sample Parental Declaration Form) that the Parent/ Carer or Guardian consents to the processing of the documentation relating to their child for the purpose of confirming eligibility for the entitlements. An electronic form or own version may be used provided it includes the same level of detail as the sample;

3.1.3  ensure that parents are aware that they must apply for the Working Parent Entitlement through the Government's online Childcare Service. Eligibility for the Working Parent Entitlement is determined by HMRC through this online application. The only exception to this is children in foster care; 

3.1.4   ensure parents are aware that they must apply or renew their eligibility code before the deadline dates of 31 March, 31 August and 31 December. If a parent applies or renews their code after these deadline dates, they will not be able to use their funded hours until the following funded period unless they are in their grace period (as defined at Early education and childcare - GOV.UK) (“Grace Period”) and have used funded hours in the previous term. The council does not have the discretion to change validity dates linked to the eligibility codes and does not have additional funds available to parents who have not applied for or validated their code within the business rules determined by HMRC; Where the Provider has confirmed a funded place in advance of validating eligibility and/or not advised a parent of the need to apply for or renew their code, the Provider must not charge the parent fees in lieu of grant but can withdraw the free place until such time as eligibility is confirmed through a validated code. 

3.1.5   retain or make available at a site within Oxfordshire, paper or digital copies of any documentation reviewed under Conditions 3.1.1 to 3.1.2 to enable the council to carry out audits / fraud investigations and store documentation retained securely until it is no longer required in accordance with its responsibilities under the Data Protection Act 2018 and UK GDPR.                                       

3.1.6    confirm each family’s eligibility for the Disadvantaged 2-Year-old Entitlement prior to their child starting their funded place and assist parents in checking their eligibility for funding, through the Early Years Establishment Portal.

3.1.7   offer places under the Disadvantaged 2-Year-old Entitlement on the understanding that the child remains eligible until they qualify for the Universal Entitlement. 

3.1.8   For the Working Parent Entitlement verify working parent eligibility codes with the council through the Early Years Establishment Portal after obtaining parent consent by following processes on the OCC website at : Working-Parent-Entitlement-Checks

3.1.9   ensure that children do not start a new funded place during a Grace Period;  and

3.1.10 where the council sends notification of a Grace Period end date directly through the portal messaging system, notify parents within 5 working days that they will need to reconfirm their place through their Childcare Choices Government Gateway Account.  

3.2   Childminders

Childminders cannot claim funding for their own child or a related child, even if they are claiming for other children.

3.2.1  The council will:

3.2.1    in the case of foster children, generate an 11-digit code beginning with 400 and email this to the foster parents which will then be used by the foster parent to secure an available place with a provider. Foster carers must liaise with their social worker to fill out the initial application form and check eligibility before sending the form to the early education funding team;

3.2.2   in all other cases, promptly confirm the validity of the relevant working parent codes for eligibility to allow the Provider to proceed to offer eligible working parent places funder the Working Parent Entitlement (see processes described in Condition 3.1.8); and 

3.2.3   complete audit checks to review the validity of eligibility codes for children who qualify for the Working Parent Entitlement at six fixed points in the year, including at half-term and at the beginning of each term across the year and notify the Provider via a message through the establishment portal where a parent ceases to meet the eligibility criteria and inform them of their grace period end date. 

4.  Flexibility

The Provider shall:

4.1  provide the Family Information Service with accurate, comprehensive and up-to-date information on the Provider’s offer including without limitation the times and periods at which the Provider can offer free entitlements; and 

4.2   make information about the Provider's offer, admissions criteria, and chargeable optional services available to parents before the child accesses provision at their setting whether that be on a funded or fee-paying basis. Parents should be made aware of eligibility milestones in advance and of how this may affect the placement and funding entitlement. 

5.  Partnership working 

The Provider shall:

5.1  work in partnership with the council, other providers, childminders, schools and other organisations to support the offer of flexible provision to meet parents' needs; 

5.2  work in partnership with parents, carers and other providers, to enable a regular two-way flow of information sharing to improve provision and outcomes for children in their setting; and                           

5.3.   discuss and work closely with parents to agree how a child’s overall care will work in practice if their free entitlement is split across more than one provider to ensure a smooth transition for the provision for the child.

6.  Special educational needs and disabilities 

6.1  The Provider shall:

6.1.1   ensure that the Provider’s owner(s); those in a governance position within the Provider’s organisation and all staff members employed by the Provider are    aware of their duties in relation to the SEND Code of Practice and the Equality Act 2015, as amended from time to time;

6.1.2   be clear and transparent about their graduated approach to support children with special educational needs and/or disabilities (SEND). 

The Provider must have a robust and proactive approach to identifying and responding to SEND. The Provider must comply with the  SEND Code of Practice:0-25 Years to ensure that their ordinarily available provision is of a high quality.

The Provider should utilise the SEND Inclusion Fund and Disability Access Fund appropriately to deliver effective support, whilst making information available about their SEND offer to parents;

6.1.3   identify children eligible for SEND inclusion fund and disability access fund and encourage parents to apply for their entitlements; and 

6.1.4   use Disability Access Fund, SEND inclusion fund and any additional SEND top up funding which may be awarded to support individual children, to rapidly improve outcomes for this group. 

6.2  The council will:

6.2.1   fund the setting nominated by the parent/carer for children eligible for the Disability Access Fund; and 

6.2.2  fund schools and settings where they have identified children with low level SEN as noted with a SEND Support code as part of the termly headcount task.

7.   Social mobility and disadvantage 

7.1      The Provider shall: 

7.1.1   identify the disadvantaged children in their setting as part of the process for checking Early Years Pupil Premium (EYPP) eligibility; 

7.1.2   use the Early Years Pupil Premium, the deprivation supplement and support offered by the council to rapidly improve outcomes for this group;

7.1.3  provide free school meals for children who are registered pupils of a state funded school, including academies, who attend places both before and after lunch and whose parents are in receipt of specified benefits; and

7.1.4   in circumstances where a child qualifies under both the Disadvantaged 2-Year-old Entitlement and the Working Parent Entitlement, claim the first 15 hours under the Disadvantaged 2-Year-old Entitlement, and the remaining hours under the Working Parent Entitlement. The child will remain on the 15 hours Disadvantaged 2-Year-old Entitlement until they become eligible for the Universal Entitlement. Therefore, households will not lose eligibility for their 15 hours free early education.

7.2      The council will:

7.2.1   fund all children who have been identified as eligible for the EYPP through the online eligibility checker within the Establishment portal’s live register; and

7.2.2   fund a deprivation supplement for all children identified as eligible for the EYPP

8.  Quality

8.1  The Provider shall:

8.1.1   comply with the current Early Years Foundation Stage Statutory Framework and  Guidance from Ofsted. (Currently EYFS statutory framework for childminders (publishing.service.gov.uk), and EYFS statutory framework for group and school based providers (publishing.service.gov.uk); 

8.1.2   comply withall relevantstatutes, enactments, regulations and codesof practice or other similar instructions in the delivery of early year’s childcare including, but without limitation, the Children and Families Act (2014), the Special Educational Needs and Disabilities Code of Practice 0 to 25 (2015) and the Equality Act 2010 (including without limitation the “anticipatory duty” in relation to any disabled child who might attend the setting);     

8.1.3   actively promote and train staff to fully understand fundamental British values of democracy, the rule of law, individual liberty and mutual respect and tolerance of those with different faiths and beliefs and not promote views or theories as facts which are contrary to established scientific or historical evidence and explanations. In the case of an independent school, the Provider shall adhere to the independent school standards in relation to the spiritual, moral, social and cultural development of pupils; 

8.1.4   demonstrate a proactive approach to continuous quality improvement through       regular self-evaluation, action planning, training and peer to peer support;

8.1.5   positively engage with the council's designated officers as set out in the Oxfordshire Early Years Offer (as updated from time to time). The current version can befound on the early years pages of the council's website at “Early Years Offer (oxfordshireearlyyears.co.uk);

8.1.6  respond promptly to all recommendations arising from the council’s monitoring visits and integrate such recommendations within the Provider’s own quality improvement processes, including provision of appropriate evidence of continued professional development and participation in targeted training, appropriate for relevant age groups. This includes but is not limited to those in relevant governance positions within the setting.

8.1.7   be registered with the Secretary of State, Ofsted,  a childminder agency or the Independent Schools Inspectorate.

Ofsted Inspection and CMA Quality Assurance Visits and Outcomes 

8.2    The Provider shall inform the council (Oxfordshire Early Years Team) on the same day as an Ofsted (or Childminder Agency) visit or contact by emailing: early.years@oxfordshire.gov.uk  if:

8.2.1  A Provider or CMA (Childminder Agency) achieves an inadequate, ineffective or not met Ofsted grade or a grading which is broadly equivalent; and/or 

8.2.2  Ofsted or a Childminder Agency suspend a provider’s registration; and/or

8.2.3  A Provider or CMA (Childminder Agency) achieves a requires improvement Ofsted grade or a grading which is broadly equivalent; and/or 

8.2.4  Ofsted issues a Welfare Requirement Notice (WRN), Notice to Improve (NTI)

8.3  In the event that the provisions of clause 8.2 i-ii occur, the Provider shall immediately repay on request to the council any advance funding paid to the Provider in relation to the allocation and provision of early years’ education places.

8.4  Funding will be withdrawn by the council as soon as is practicable, once Ofsted publish the inspection judgement of 'inadequate' or when Ofsted publish a second consecutive inspection judgement of a childminder agency of 'ineffective'. If the council (in its absolute discretion) considers that the Provider’s setting is in an area where there is not sufficient alternative high quality provision and that capacity to improve is evidenced through the Ofsted inspection history and monitoring by the council then, without prejudice to the council’s rights under this Agreement, the council may agree to defer exercise of its rights of termination under Condition 13.2.1 provided the Provider adheres to its obligations as set out at Condition 8.5.

8.5  If the circumstances set out at Condition 8.4 apply then, within 3 months of the Ofsted inspection (or such longer period as the council may agree), the Provider shall:

8.5.1  develop, implement, and review an action plan for improvement, supported and monitored by the council in accordance with the Oxfordshire Early Years Offer 

8.5.2  work with the council’s designated officer and ‘Settings of Concern’ working group, to swiftly address concerns raised by Ofsted at inspection.

8.5.3 comply with any other remedial measures that Ofsted or the council may reasonably impose or require to address the inadequacies or deficiencies noted in the Ofsted report.

8.6    The Provider acknowledges that if it does not comply with Condition 8.5 or following re-inspection Ofsted considers that the improvement measures are still not sufficient and/or the Provider’s setting or CMA for early years education remains categorised by Ofsted/ISI as Inadequate, Unsatisfactory or Requires Improvement (or a grading which is broadly equivalent), the council may exercise its rights to terminate this Agreement under Condition 13.2. 

8.7    Where Ofsted categorises the setting or childminder as inadequate or requires improvement (or a grading which is broadly equivalent), the Provider acknowledges that the council will not place any further funded disadvantaged 2-year-old children with the Provider. The council reserves the right to review the continuing placement of any existing funded disadvantaged 2-year-old children attending the Provider’s setting. Where the council considers that the setting is in an area where there is not sufficient alternative high-quality provision and it is evidenced through monitoring by the council that the Provider has demonstrated the capacity to sustain improvements made to the quality of the setting, then the council may (at its absolute discretion) place funded disadvantaged 2-year-old children at a setting that Ofsted has categorized as requires improvement. 

 8.8    For the avoidance of doubt, if the council has exercised its discretion to waive its rights to terminate the Agreement under Condition 13.2.1 following an Ofsted inspection this shall be without prejudice to its right to terminate in respect of future Ofsted inspections.

 8.9     If the Provider is a childminder registered with a childminder agency, which   signals concerns to the council about the quality of the childminding provision at the Provider’s setting, (regardless as to whether like concerns are raised by Ofsted or the Ofsted rating given to the Provider’s setting or otherwise) the Provider agrees that the council shall be entitled to exercise its rights of termination under  Condition 13 to the same extent as if such concerns had been raised by Ofsted.

8.10     The council will:

8.10.1  make available appropriate information, advice and guidance for early years practitioners delivering the entitlement in accordance with Oxfordshire’s Early Years Offer;  

8.10.2  offer support and challenge to maintain and enhance quality in relation to best practice in the delivery of the Early Years Foundation Stage in accordance with Oxfordshire’s Early Years Offer; and

8.10.3 provide support to the Provider in their professional development through relevant and appropriate training in accordance with Oxfordshire’s Early years offer.

9.  Business planning

The Provider shall:

9.1  provide promptly to the council data (as it may reasonably require) relating to (but not limited to) the number of children receiving Services and the number of hours of Services delivered to each child at the Provider’s setting, and place data, including vacancies. Furthermore, the Provider agrees to provide the council with termly headcount data (at least three times a year),     census returns, Early Years Foundation Stage Profile returns (where applicable) and termly audit requests within the timescales set by the council and the Department for Education;

9.2 Procure and hold fully completed and up-to-date parental declaration forms, including all information as set out in the sample at Forms and Guidance notes, which relate to each child receiving Services and the term in which the Services are to be provided.  The Provider shall retain these forms for seven years for audit and data protection purposes. Parents should only be asked to re-sign their parental declaration if the information on the current form changes. For example, if:
•    they want to reduce the number of hours they take up
•    change the days their child attends
•    change which settings their child attends

Providers may create an electronic version of the parental declaration form provided the electronic form includes all the information on the template provided. Parental declaration forms will need to be downloadable for review during an audit;

9.3    for all Services keep accurate and up-to-date attendance registers,  follow up non-attendance and record the outcome and for Disadvantaged 2-Year-old Entitlement send promptly to the council non-attendance forms;

9.4    provide the council with accurate and appropriate contact details and other required information in the format requested (including online electronic returns where applicable) including updates to the Family Information Service and ensure that any changes are notified and kept up to date. This includes ensuring that their Family Information Directory entry is up to date with all relevant details including their free entitlement offer as set out in Section 1.1 of this Agreement;

9.5    provide (if a childminder agency) the council with information on the quality of  childminders within the agency;

9.6    provide the council with (and hereby gives the council the right to publish to the public):

9.6.1   the Provider's address and contact number (save for where a Provider is a childminder, it is agreed that the council will only publish limited address and contact details); and

9.6.2   from 1 January 2026 the Provider's schedule of chargeable extras and/or a link to the Provider's website where this schedule is published. The Provider must use the DfE template or a broadly similar format to show the amounts charged for all the chargeable extras, as well as the pattern of hours that parents can take the entitlements. Childminders and providers caring for 10 or fewer children at any one time are exempt from publishing charges but must publish the pattern of hours for their free offer, where these are limited.

9.7    comply with the Data Protection Act 2018 and the UK GDPR, when processing personal and/or sensitive data (as defined in the Data Protection Act 2018) in relation to this Agreement, including providing appropriate privacy information notices to Parents/Guardians of eligible children to explain how information and data collected in relation to the child may be processed, so that relevant informed consent may be procured. The Provider shall take all appropriate security measures to protect against any unauthorized or unlawful processing or accidental loss or destruction or damage to such personal / sensitive data. The parties acknowledge that the council and the Provider are each Data Controllers (as defined in the in the Data Protection Act 2018) in their own right;

9.8    provide (at the Provider’s expense) prompt assistance to the council in connection with any information disclosure requests received by the council under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 and, if the Provider is in receipt of an information disclosure request under the Acts, to pass such request within five working days to the council; and

9.9    ensure that all necessary and requisite consents are held to enter into and perform obligations under this Agreement, and that any claim for payment is made only by an individual or individuals with due authority to make such claims on behalf of the Provider.

10. Charging

10.1    The Provider shall ensure that the Services may be accessed by parents free of charge and must not impose conditions which restrict such accessibility. For the avoidance of doubt the Provider must not impose any mandatory charges on parents in relation to the Services (including without limitation top up or registration fees) nor require an up-front payment in respect of charges for Services for any initial period (even if returnable on receipt of funding from the council by the Service Provider) other than a returnable deposit on first application for a place.

10.2    The Provider may charge parents for the following extras in connection with the Services, but the purchase of such extras and the corresponding charges must be voluntary for the parents and not a condition for accessing a free place:

• consumables to be used by the child, such as nappies or sun cream;
• meals and snacks consumed by the child;
• extra optional activities such as events, celebrations, specialist tuition (for example music classes or foreign languages) or other activities that are not directly related or necessary for the effective delivery of the Early Years Foundation Stage (EYFS) statutory framework; and
• additional, private paid hours according to the Provider’s usual terms and conditions.

10.3    The Provider shall use all reasonable endeavours to ensure that as far as possible the pattern of accessible hours is convenient for parents’ working hours. The Provider shall publish, in hard media and make available to the public, its admissions’ criteria and ensure parents understand which hours/sessions can be taken as free provision before parents apply and accept a place.

10.4    If charging parents a deposit to secure their child’s free place, the Provider shall refund the deposit in full to parents by the headcount date in the term in which the place is taken up. (The Provider’s attention is drawn to the fact that the practice of charging deposits for disadvantaged funded 2-year-old places is discouraged). Headcount refers to the completion of a termly task on the council’s funding portal to confirm details of children for whom the setting is requesting grant funding for. Headcount dates and deadlines are as published in Forms and guidance notes

10.5 The Provider shall ensure its invoices and receipts are clear, transparent and itemised, allowing parents to see that they have received their free entitlement hours completely free of charge and understand that any fees paid are for additional hours or optional services. Under no circumstances should the funding be shown as a discount on an invoice. The Provider shall also ensure that invoices and receipts contain its full details so that it can be clearly identified. An example is to be found here sample template invoice 

10.6 The Provider shall ensure that all invoices issued on or after 1 January 2026 shall be broken down separately into: 

• The free entitlement hours
• Additional private paid hours
• Food charges
• Non-food consumables charges
• Activities charges

The council will:

10.7 Not intervene where parents choose to purchase additional hours, optional services, or optional consumables provided that this is not a condition of taking up a free place.

11.  Funding

11.1  The Provider shall:

11.1.2    accurately complete all Early Education Funding headcount and mid term change tasks and ensure that they are all completed and returned by the council’s required deadline date which is published on the council’s website termly. The Provider acknowledges that tasks cannot be re-opened after the deadline date has passed and if a task needs to be extended, an administration charge of £50 must be paid by the Provider to the council. The Provider agrees to pay an administration charge to the council of £50 for any incomplete returns. Any claims from a previous term will not be paid; 

11.1.3    repay any overpayment of funding made by the council, which the council shall be entitled to demand and request immediate repayment of or agree for the council to offset the repayment by way of deduction from future payments (if any) made under this Agreement;

11.1.4    only claim for Services delivered to children in actual attendance at the Provider’s premises (notwithstanding short-term absences as identified in Condition 12.9). When a child leaves for whom a claim has been submitted and paid beyond the final date of attendance, for example mid funding period, the Provider agrees that it shall enter the leaving date of the child and ensure the total hours claimed in the period for the child are correct by the mid term change deadline for the current term . The Provider shall not discount/or reduce in anyway the amount of remaining balance owing to the council in respect of Services not delivered irrespective of whether, or the degree to which, it has received advance notice of the final date of attendance;

11.1.5 enter an optional termly estimated submission via the Establishment Portal by the Early Education Funding Deadline provided and only add children to the termly estimate if a completed parental declaration indicating attendance has been received and the relevant eligibility checks have been performed showing eligible results for the specific term. The Provider shall keep live registers up to date at all times, ensuring leavers have end dates entered with a Friday end date and any future starters are added to the future starter area of your live register with a Monday start date. If the deadline is missed then the Provider will need to wait until the headcount for payment;

11.1.6   establish (from the parent or carer) the setting where a child may have previously attended to clarify the number of hours of Services which have been paid for but not delivered and are owed to the council by the previous provider in accordance with Condition 11.3. If a child starts after the Provider has submitted their headcount, the Provider must add the child to the live register as a Mid Term Change and only claim the entitlement for the term remaining after the child has been added to the live register.

Note: Where a child is accessing funded sessions at more than one provider, the Provider must check the parental declaration form for eligibility. Where necessary the Provider must follow up with the parent/carer or other provider, prior to completing the actual and any Mid Term Change submissions, to ensure that there is no overclaim;

11.1.7    inform the council if the Provider has been granted exemptions -  as detailed at https://www.gov.uk/government/publications/exemptions-from-the-eyfs-for-providers-and-individual-children - to any elements of the Early Years Foundation Stage or if any eligible child has been granted an exemption and the date upon which the exemption is to apply from. The council will only agree to fund exemptions if it is considered in the best interests of the child; and

11.1.8    if the Provider is a childminder agency which the council agrees to fund directly, not to retain any part of the funding but pass on the funding in full paid by the council to the childminders delivering the free early education places.

11.2  Disability Access Fund (DAF)

The Provider shall:

11.2.1   follow the process described in Establishment Portal user notes in Forms and Guidance. The current Disability Living Allowance (DLA) letter must be uploaded to the child’s record within the establishment portal and the section named Disability Access Fund must be filled out in order to make the claim. These forms will be kept by the council for auditing purposes; and

11.2.2   ensure that parents understand that by nominating the Provider’s setting, any subsequent settings that the child may attend within the financial year would not be eligible to receive the DAF payment. The funding cannot be transferred between providers. Any specialist resources / equipment bought by the first provider may be transferred to the new provider.

11.3  SEND Inclusion Fund 

11.3.1    The Provider shall follow the process described in the SEND section of the OCC information to providers to determine who is eligible for SEND inclusion funding.

11.3.2    The Provider shall complete the request for funding by indicating ‘SEND Support’ on the termly headcount task on the early years funding portal.

11.3.3    The Provider acknowledges that in respect of children becoming eligible for SEND inclusion funding after the headcount return has been submitted, they will be funded from the next term.

11.3.4  The Provider shall retain all evidence in relation to SEND inclusion funding for audit purposes.

12  Funding Payments

12.1    Subject to Condition 12.2 below the council shall make prompt payments in respect of children entitled to a place in line with procedures under the Early Years National Funding Formula, termly guidance notes and the termly payment timeline at Funding Timeline (as may be issued or published from time to time).

12.2    The Provider acknowledges that the council may reduce its payments to the  Provider for the Services to the extent (i) any funding received by the council from a third party for the purpose of funding the Services is reduced or withdrawn; and (ii) any funding already received from the council under this Agreement becomes re-payable by the Provider under this Agreement.

12.3    In the case of all funded children the council shall:

12.3.1    annually, issue an indicative budget to the Provider, based on the assumption that the number of eligible children for both the Universal Entitlement and Working Parent Entitlement at the Provider will continue to be the same as the previous year’s counts. This is for information purposes only; the council will not make any estimated payments based on these figures;

12.3.2    make a payment as per the funding timeline that will be issued to the Provider. The council reserves the right to adjust payments to include adjustments from the previous term. Where a childminder has opted into our monthly payment trial the council will make a monthly payment on the last working day of the month based on 100% of the estimated submission entered by the childminder. This monthly payment will be adjusted in line with the Provider’s headcount claim; and

12.3.3    pay for a child that becomes ineligible under the Working Parent Entitlement for the duration of the Grace Period if the child received working parent hours  in the previous term and the child is not moving to a new provider (except for extenuating circumstances). Note that the council will not pay where a child starts a new Working Parent Entitlement place during the Grace Period.

12.4    In the case of all funded children, the council shall:

12.4.1 continue to provide funding for an eligible child's early years education placement notwithstanding a child's short-term absences , but for continued absence, the council will withdraw funding from the end of the current term or if earlier, halfway through the current term;

12.4.2 pay early years pupil premium for all eligible children where parents have opted to share their details to the Provider on the parental declaration form in order to run the eligibility check as set out in the council’s  Early Years Pupil Premium guidance notes (Early Years Pupil Premium); and

12.4.3 pay additional deprivation funding to the Provider for children taking up the early years pupil premium.

12.5 Disability Access Fund (DAF)

The council shall fund all early years’ settings providing a place for each child eligible for the DAF within Oxfordshire at the current annual rate set out at Early Education Funding (EEF) for 9-23 months, 2, 3 and 4 year olds. The DAF will be as a lump sum once per year per eligible child as noted on the parent declaration form. If a child eligible for the DAF is splitting their free entitlement across two or more providers, the Council will only pay to the parents’ nominated provider as noted on the DAF request form. 
If a child receiving DAF moves from one setting to another within a year of claiming that payment, the new setting is not eligible to receive DAF funding for this child within the same 12 months of first DAF payment. DAF funding received by the original setting will not be recouped.

12.6  SEND Inclusion Fund

The council shall pay the Provider in accordance with any validly submitted headcount submission. The council reserves the right to audit claims to ensure each is submitted in accordance with the current scheme Early education funding for children with SEND

12.8 Quality Supplement for nursery classes in mainstream schools

The council shall pay the Quality Supplement relating to teachers' pay and pension grants –per hour per funded 3 and 4-year-old (Universal Entitlement and Working Parent Entitlement). This will be paid three times a  year at the end of the term, once all payments have been calculated and finalised

13. Compliance, termination, withdrawal and clawback of funding

13.1  The Provider shall permit the council to carry out on-site and remote checks and audits on the Provider to ensure compliance with the requirements of delivering the Services under  this Agreement.

13.2  The council may, terminate this Agreement by giving notice to the Provider’s email address as notified to the council under any of the following circumstances:

13.2.1  if Ofsted (or a childminder agency) raises concern, by publication of a report or otherwise, that the Provider’s setting or provision of early years education for eligible children is inadequate or requires improvement (or achieves a grading which is broadly equivalent) or the Provider’s necessary Ofsted registration is cancelled or suspended (or, in respect of a childminder agency, concerns as to the quality of the childminding provision of the Provider’s setting is raised) the effect of which might reasonably be considered by the council to have a material adverse effect on the continued provision of early years’ education;

13.2.2  where (i) the Provider has not yet received its first Ofsted inspection; (ii) Ofsted is not satisfied on its initial visit that the Provider’s setting is of sufficient quality; and (iii) the council has concerns over safeguarding or the welfare of children);

13.2.3  in the opinion of the council (acting reasonably), the Provider has breached any of its obligations under the Agreement and that breach materially and adversely affects the provision of the Services;

13.2.4  it becomes apparent to the council that the Provider has made or is making use of the funding for a purpose unconnected with the subject matter of this Agreement;

13.2.5  funding received by the council from a third party for the purpose of funding the Services is withdrawn;

13.2.6  the Provider ceases or threatens not to carry on business or is otherwise unable to meet the requirements set out in this Agreement;

13.2.7  the Provider is in repeated or persistent breach of its obligations under this Agreement;

13.2.8  the Provider has committed any of the following acts:

• offering (directly or indirectly), promising or giving any person     working for or engaged by the council a financial or other advantage to: (i) induce that person to perform improperly a relevant function or activity; or (ii) reward that person for improper performance of a relevant function or activity;
• requesting (directly or indirectly), agreeing to receive or accepting any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with this Agreement;
• committing any offence: (i) under the Bribery Act 2010; (ii) under any Enactment creating offences concerning fraudulent acts; (iii) at common law concerning fraudulent acts relating to this Agreement or any other  contract with the council; or
• defrauding, attempting to defraud, or conspiring to defraud the council;

13.2.9 the Provider does not adhere to the council's safeguarding requirements to ensure that children are kept safe from harm as laid out in the Early Years Foundation Stage Statutory Framework and Working Together to Safeguard Children with which the Provider must comply.

13.3 If notice is given by the council to terminate the Agreement in accordance with this  Condition 13 the Agreement shall terminate on the date specified in the notice

13.4 Service of a notice of termination shall result in an immediate suspension of any further funding, the immediate return to the council by the Provider of any Expansion Grant Funding where the grounds for such termination occur within 12 months of the receipt by the Provider of the Expansion Grant Funding and suspension of the Provider from being an Approved Provider. In Conditions 13.4 and 13.6 “Expansion Grant Funding” shall mean additional grant funding designated by the council as “Expansion Grant Funding” that has been paid to the Provider after 1 April 2025.

13.5 The notice of termination given by the council shall (as far as is possible) set out the council’s reasons for terminating the Agreement.

13.6 The Provider is entitled to terminate the Agreement on notice to the council provided that it has first given not less than one term’s prior notice (3-term year) both to the council and to the parents/ carers and guardians (as may be the case) of all eligible parents accessing a place funded under this Agreement. Service of a notice of termination shall result in the immediate return to the council by the Provider of any Expansion Grant Funding (as defined at paragraph 13.3) where the notice is served within 12 months of the receipt by the Provider of the Expansion Grant Funding.

13.7 On termination or expiry of this Agreement for whatever reason the Provider shall repay any funding paid in advance by the council within 28 days of formal demand. If the repayment of the required funding is not made, the Provider agrees it shall be a debt due to the council which shall carry interest on the overdue amount at the rate of 4% per annum above National Westminster Bank PLC’s base rate from time to time. Such interest shall accrue daily from the due date until actual payment of the overdue amount, whether before or after judgment. This clause shall survive termination of the Agreement.
    
13.8 Expiry or termination of this Agreement will not affect any rights or liabilities of  the parties that have accrued before the date of that expiry or termination or  which later accrue.

14. Parental Complaints Process 

14.1 The Provider should ensure they have a complaints procedure in place that is published and accessible for parents who are not satisfied their child has received their free entitlement in the correct way, as set out in this Agreement and in Early Education and Childcare Statutory guidance for Local Authorities.

14.2  The Provider acknowledges that a parent/carer/or foster parent may, if they are unable to resolve a complaint directly with a Provider as to their child's entitlement to receive a free place or with any aspect of the way they have received such entitlement, ask the council to raise the matter with the Provider.  

15. Dispute Resolution

15.1. A complaint raised by the Provider relating to the Agreement including where the Provider’s appointment as an “Approved Provider” has been terminated and whose funding has been withdrawn which cannot be resolved in the first instance between the Provider and the Service Manager (Early Years Sufficiency and Access) within a month should be made in writing to Customer Feedback Team, FREEPOST RRYR-XTBE-GBTZ County Hall New Road Oxford OX1 1ND or email commentsandcomplaints@oxfordshire.gov.uk  

15.2. For the avoidance of doubt, the use of the complaints procedure will not delay, or take precedence over, any use of the default or termination procedures.

16. Insurance

16.1  The Provider shall at all times maintain appropriate and adequate levels of public liability and employer’s liability insurance cover in respect of its setting(s).

16.2  The Provider shall supply to the council within 14 days of request, a copy of all insurance policies, cover notes, premium receipts or such other documents as may satisfy the council that such insurance is in place.

17. Law and jurisdiction

17.1 This Agreement shall be governed exclusively by the jurisdiction of England and Wales and interpreted in accordance with English law.

18. General

18.1 A reference to any act of Parliament, order, regulation, statutory guidance or instrument or similar, shall include a reference to any amendment or replacement of it. Reference to any act of Parliament shall also include any subsidiary legislation made under it.

18.2 This Agreement (together with any documents referred to in this Agreement) represents the entire understanding between the parties in relation to the subject matter of the agreement and supersedes any previous agreement between the parties relating to the subject matter of this Agreement. If any of these terms become or are declared by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way impair or affect any other terms all of which shall remain in full force and effect.

18.3 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.

18.4 The failure of either Party to exercise any right or remedy shall not constitute a waiver of that right or remedy and no waiver shall be effective unless communicated by the Party giving the waiver in writing.

18.5 The Provider shall not assign, transfer or sub-contract the burden or benefit of the Agreement in whole or in part.  

18.6 If a Provider transfers, sells or disposes of its interest (either wholly or in part) in the setting to a 3rd party or, if a Provider re-registers its setting with Ofsted on a change of name or otherwise, the provisions of Condition 17.5 apply. Accordingly, the acquiring or new entity (as the case may be) must itself complete and submit an application to become an approved provider. Only if the new application is approved by the council will the acquiring or new entity be eligible for funding under the Early Education and Funding Scheme. In no other circumstances will the council provide funding to the acquiring or new entity. 

18.7 The council accepts no liability for any consequences, whether direct or indirect, that may come about from the Provider providing the Services, the use of, or withdrawal of, the funded payments under this Agreement.
    
18.8 Subject to Condition 18.9, the council's liability under this Agreement is limited to the funding payable pursuant to Condition 11.

18.9 Nothing in this Agreement shall limit or exclude either party's liability for:

(a) Death or personal injury caused by its negligence, or the negligence of is employees, agents or subcontractors; and

(b) Fraud or fraudulent misrepresentation.

Note:

References throughout these terms to "Ofsted Inspection" shall mean, where the setting is an independent school and is inspected by the Independent Schools Inspectorate (“ISI"), to the outcome of the ISI inspection with an ISA "unsatisfactory outcome" being, for the purposes of these terms and conditions, the equivalent to an Ofsted "inadequate" assessment.