The Department for Education (DfE) has published the new draft Early Years Foundation Stage (EYFS) statutory framework and draft statutory instrument (SI) for comment by 18 March 2021, in line with legislative consultation requirements under the Childcare Act 2006. This is the revised EYFS that is due to come into force from September 2021.

Please note this webpage will be available until the deadline for comments on 18 March 2021.

New draft EYFS framework for comment

As part of the legislative process needed to enact the reforms to the EYFS, DfE recently sought views from local authority representatives, sector bodies and a number of early years providers on proposed minor changes to the safeguarding and welfare section of the revised EYFS statutory framework.

These changes are intended to ensure the EYFS requirements are clear and to help keep children safe. The changes were not included as part of the public consultation in October 2019 as they are updates to clarify common questions on existing policy or to reflect updates in the law since the last revision of the EYFS framework was published in 2017. A number of responses were received and considered individually before finalising the draft.

The draft framework has now been published and will be available for one month from the date of publication for comment (as required by the Childcare Act 2006).

Changes to the current EYFS statutory framework are in red to highlight where DfE are seeking views. The new educational programmes and early learning goals (ELGs) are not in red as these are final government policy as confirmed following the full 12 week public consultation conducted in 2019.

Please note that DfE are not seeking further views on the changes to the EYFS framework that were confirmed in the government’s official response to the 2019 EYFS reforms consultation. The response confirmed:

  • Final educational programmes;
  • Final early learning goals (ELGs);
  • Removal of the statutory duty for local authorities to externally moderate EYFS profile judgements;
  • Removal of the ‘exceeding’ judgement criteria from the EYFS profile;
  • Change to the safeguarding and welfare requirements to promote good oral health.

Read the draft framework

Draft statutory instrument for comment

The DfE has also sought views from local authority representatives on amendments to The Early Years Foundation Stage (Learning and Development Requirements) Order 2007 (EYFS L&D Order 2007) in respect of local authorities obligations, to reflect the removal of statutory local authority moderation. Feedback has been carefully considered and the revised proposals have been reflected in the draft SI.

The draft SI has now been published and will be available for one month from the date of publication for comment (as required by the Childcare Act 2006).

Please note that the draft SI also covers the Reception Baseline Assessment (RBA). However, DfE are only seeking views on the EYFS aspects of the SI as the RBA aspects have been subject to a separate consultation process.

Read the draft SI

Have your say!

The draft EYFS framework and draft SI will be available for comment until 18 March 2021. Please send your comments to