Funding for Early Learning Centres (ELC): FOI release

Information requested

1. Do Local Authorities receive funding for ELC (nursery place) has been applied for, whose 3rd birthdays falls prior to the term following?

2. Do Local Authorities have discretion in determining a cut off date prior to the start of term which may affect some children whose birthdays fall after the cut off date prior to term commencing?

3. If the answer to question 2 is that Local Authorities have discretion, are there parameters governing discretion?

4. Is funded ELC a statutory right for eligible children?

Response

The answer to each of your points in turn is as follows:

1. Do Local Authorities receive funding for ELC (nursery place) has been applied for, whose 3rd birthdays falls prior to the term following?

As a result of the priority that the Scottish Government has placed on investing in funded ELC, families across Scotland have been benefiting from the provision of 1140 hours of high quality funded ELC since 2021.

All three and four year olds, as well as eligible two year olds - those we believe will benefit most - have a statutory entitlement of up to 1140 hours per year of funded ELC. Local authorities are funded to deliver these services, and have a duty to make this service available to all ‘eligible children’ within their area. Three year olds are eligible to start funded ELC from the relevant start date, which is usually the term after their 3rd birthday.

The Scottish Government’s policy towards local authorities’ spending is to allow local authorities the financial freedom to operate independently. Therefore, the vast majority of that funding is provided to local government by means of a block grant. It is then the responsibility of individual local authorities to manage their own budgets and to allocate the total financial resources available to them, including on ELC, on the basis of local needs and priorities, having first fulfilled their statutory obligations and the jointly agreed set of national and local priorities.

2. Do Local Authorities have discretion in determining a cut off date prior to the start of term which may affect some children whose birthdays fall after the cut off date prior to term commencing?

Arrangements for when children become eligible for funded ELC are set out under the Provision of Early Learning and Childcare (Specified Children) (Scotland) Order 2014. Three year olds are eligible to start funded ELC from the relevant start date, which is usually the term after their 3rd birthday.

At the time the 2014 Order was drafted and considered by the Scottish Parliament, the stated reason for having three start dates was to enable small groups of children to start at phased points and help to keep the system manageable and sustainable.

Local authorities have powers to provide funded ELC from an earlier date, if they choose to do so. We encourage local authorities to use these powers through statutory guidance, however it remains at the discretion of each individual authority. We also encourage parents to engage with their local authority to help inform decisions around provision, settings and available hours.

3. If the answer to question 2 is that Local Authorities have discretion, are there parameters governing discretion?

As above Local Authorities do have powers to provide funded ELC at an earlier date but these decisions are made at a Local Authority level and the Scottish Government does not intervene on these decisions.

Should you wish further information from a specific Local Authority on its ELC provision, please contact their Early Years teams who may be able to assist you.

4. Is funded ELC a statutory right for eligible children?

Yes. Local authorities have a statutory duty, under the Children and Young People (Scotland) Act 2014 to provide the mandatory amount of funded early learning and childcare to eligible children (all three and four year olds and around a quarter of two year olds who are most likely to benefit).

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