Exemptions from the Early Years Foundation Stage learning and development requirements

Exemptions may be granted for providers in one of two circumstances:  

1. When the provider is a registered independent school (but not an academy, including a free school) and meets the relevant conditions. This is referred to as the ‘independent schools route’ to EYFS exemptions.  
2. When the provision is governed by established principles which cannot be reconciled with an element or elements of the EYFS learning and development requirements and the other relevant conditions have been satisfied. This is referred to as the ‘established principles route’ to EYFS exemptions. 

Independent schools route 

Under the independent schools route, exemptions will be granted in full against all the learning and development requirements of the EYFS for children aged 3 and over. 

There are conditions which must be met which relate to: 

• Quality (this is determined by the schools most recent inspection report). 
• Seeking the views of parents/keeping parents informed.  
• Informing the local authority. 
• Notifying the Department for Education. 

Complete the independent schools form in full and email it to Exemptions.EYFS@education.gov.uk.  

If providers no longer meet the necessary conditions for an exemption, they are required to meet the EYFS learning and development requirements in full. This applies to the independent schools route and the established principles route.

Established principles route 

Under the established principles route, providers can seek exemptions or modifications to specific learning and development requirements that their established principles cannot be reconciled with but must continue to deliver the remaining EYFS framework in full. 

The conditions which must be met are: 

• The provider’s established principles cannot be reconciled with one or more of the learning and development requirements of the EYFS.  
• The application must specify how the schools established principles cannot be reconciled with the learning and development requirements they are seeking exemption from. 
• Seeking parents’ views and keeping parents informed of the exemption. 
• Informing the local authority that they are applying for an exemption. 
• Requesting a direction for exemption from the Department for Education.  

Complete the application form in full and email it to Exemptions.EYFS@education.gov.uk.

Where a family’s religious or philosophical beliefs cannot be reconciled with the EYFS learning and development and/or assessment requirements, early years providers can consider modifying or disapplying these where the family requests this. This is the only basis for an individual exemption. 

The following conditions must be met for an individual exemption to be granted:  

• the early years provider has received a written request for an exemption from a parent or guardian of the child;  
• the application specifies any educational programme, early learning goal or assessment arrangement that should be modified or disapplied, and the reason why.  
• the early years provider is satisfied that the parent of the child has religious or philosophical convictions which cannot be reconciled with the learning and development requirements; and  
• the early years provider has sought the views of the relevant local authority as to whether determination should be made. 

Individual exemptions cannot be granted for: children transitioning to or from another setting or country, children who have been ill or absent from a setting for whatever reason or, children with special educational needs or disabilities.

Individual exemptions can be granted in full and/or modifications can be made against the learning and development and assessment requirements in the EYFS: 

Table 1: A table showing whether EYFS requirements can be modified and/or disapplied

Ultimately, it is for providers to make the final decision on whether or not to grant an exemption in the light of all the information available, including views from parents and the local authority. The Department for Education is not involved in granting exemptions for individual children and providers do not need to submit an exemption application to the department. 

Diagram 1 below sets out the process which needs to be followed when granting individual exemptions. 

Diagram 1: A flow chart showing the process that needs to be followed in order for individual exemptions to be granted

The EYFS Profile 2024 handbook sets out that the EYFS Profile must be completed for all children registered at the school, unless:  

• An exemption has been granted for the setting (reserved for independent schools or schools with established principles in conflict with the EYFS).  
• An exemption has been granted for an individual child (reserved only for cases where a child’s family has religious or philosophical beliefs that cannot be reconciled  with the EYFS).  
• The child is continuing in EYFS provision beyond the year in which they turn 5.  

The EYFS Profile must be completed for all other children registered at the school, including children with SEND and those who have not spent a long time in the setting (for example due to illness, arriving from abroad or not starting at the setting until a substantial part of the year has gone by). In some cases, teachers may have a more limited knowledge and understanding of what a child knows, understands, and can do and it may be more difficult for an accurate EYFS Profile assessment to be made. However, if teachers judge that a child has not met an ELG, for whatever reason, it is important that they report the child as ‘emerging’ and then communicate to the year 1 teacher why the assessment has been made. This will ensure that all children are supported as much as possible in their transition to year 1. 

If an exemption is granted for an individual child, then this should be recorded as ‘A’ for every ELG which they have an exemption for. 

Table 2: A table showing the assessment ratings