Free childcare entitlements and model agreement guidance
Updated 1 January 2024
Applies to England
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This publication is available at https://www.gov.uk/government/publications/free-early-years-provision-and-childcare-model-agreement/free-childcare-entitlements-and-model-agreement-guidance
Free childcare entitlements
Free childcare entitlements can be claimed for:
- children aged 9 months of working parents and carers from September 2024 (15 hours)
- children aged 9 months of working parents and carers from September 2025 (30 hours)
- the most disadvantaged 2 year olds (15 hours)
- children aged 2 years old of eligible working parents and carers from April 2024 (15 hours)
- all children aged 3 and 4 years old (15 hours)
An ‘eligible child’ is a child who meets the description of a qualifying child as defined in section 1(2) of the Childcare Act 2016 and section 7 of the Childcare Act 2006.
Model agreement guidance
We have developed the model agreement for local authorities to use in their provider agreements to improve consistency.
It has been developed to be flexible and is not a ‘one size fits all’ contract. Local authorities should tailor their agreements to local processes as appropriate.
Provider agreement requirements
The expected headings and wording are set out in the ‘Model agreement template: free early years provision and childcare’ document and should be used in every provider agreement where possible.
The following provisions should be included in an agreement:
- a right to unilaterally vary the agreement to reflect changes in legislation and guidance from the Department for Education (DfE)
- a clause stating that references to legislation will apply to the legislation as amended, without significant changes to the agreement
- freedom of information (FOI) provisions
- termination and enforcement clauses that cover all stages
- an obligation to comply with all relevant legislation
- a clause regarding the use of personal and sensitive data in compliance with the Data Protection Act 2018
- an obligation for providers to take out and maintain adequate levels of insurance
- funding obligations, including how funding must be accounted and recorded for audit purposes
- a clear process for resolving any disputes
Local authority responsibilities
Local authorities must follow the model agreement when carrying out their duties. This is set in section 7(1) of the Childcare Act 2006 and regulation 49 of the Childcare (Free of Charge for Working Parents) (England) Regulations 2022.
Local authorities should ensure that every provider agreement is clear and transparent. They cannot demand:
- requirements that would affect the quality of the early years provision or services provided by the childminder agency
- that the provider attend any training or quality improvement programme, unless identified in an early years provision inspection report