Model Agreement: Early years provision free of charge and free childcare

Bolton Provider Agreement July 2017

Agreement for the

funding of:

Early years provision free of charge and

free childcare for 2, 3 and 4 year olds

Valid from September 2017

Bolton Provider Agreement July 2017

Contents

Section 1: Overview ........................................................................................................... 3

Legal framework and statutory guidance ........................................................................ 6

Section 2: Key Responsibilities .......................................................................................... 6

Key Bolton Council responsibilities ................................................................................. 6

Key Provider responsibilities ........................................................................................... 7

Safeguarding .................................................................................................................. 7

Eligibility ......................................................................................................................... 8

The Grace Period ......................................................................................................... 10

Flexibility ....................................................................................................................... 10

Partnership working ...................................................................................................... 11

Special educational needs and disabilities .................................................................... 12

Social mobility and disadvantage .................................................................................. 12

Quality .......................................................................................................................... 13

Business planning ........................................................................................................ 14

Charges to parents ....................................................................................................... 15

Funding – Please see notes from Finance .................................................................... 16

Compliance .................................................................................................................. 18

Termination and withdrawal of funding ......................................................................... 18

Appeals process ........................................................................................................... 19

Complaints process ...................................................................................................... 19

Bolton Provider Agreement July 2017

This Bolton Provider Agreement is made the day of 2017

Between

(1) The Borough Council of Bolton (“Bolton Council”) and

(2) the Early Years Provider (“Provider”) so named in Schedule 1 to this Agreement.

Section 1: Overview

1.1 This Agreement is based on Model Agreement and refers to early years’ provision

free of

charge (sections 7 and 7A of the Childcare Act 2006) and free childcare

(section 2 of

the Childcare Act 2016) as the ‘free entitlement(s)’ or ‘free hours’ or a

‘free place’.

1.2 Whilst the statutory duty remains with the Local Authority, this Agreement details

the requirements and expectations that early years’ providers must meet in order

to be eligible to deliver the various free entitlements under this Agreement and

draw down the subsequent funding.

1.3 Although parents may choose where to send their child, funded places are only

available in settings where the Provider has entered into this Agreement.

1.4 This Agreement applies to the 15 hour entitlement for eligible two year olds, the 15

hour entitlement for parents of three and four year olds (the “ Universal

Entitlement”) and the 30 hours entitlement for working parents of three and four

year olds (the “Extended Entitlement”).

1.5 This Agreement does not provide guidance on how a provider shall operate their

private businesses, including charges for provision over and above a child’s free

hours.

Bolton Council shall not intervene where parents choose to purchase

additional hours of provision or additional services providing that this does not

affect the parent’s ability to take up their child’s free place.

1.6 This Agreement will be kept under review and updated as necessary to reflect any

changes to national guidance and legislation. Any references to legislation will be

to that legislation as amended from time to time, without express change in this

agreement.

1.7 The Provider must sign and date this Agreement and return the signed copy of

this Agreement to Bolton Council in order for the Provider to be registered on

Bolton Council’s list of eligible providers. Failure to return a signed copy of this

Agreement will result in the Provider being unable to offer free entitlement places

and draw the subsequent funding as detailed in this Agreement.

1.8 This Agreement is for:

Early years’ providers (who are each referred to in this Agreement as the

“Provider”) and include:

 Early years Providers and childminders registered on the Ofsted Early Years

Bolton Provider Agreement July 2017

 Childminders registered with a childminder agency that is registered with

Ofsted;

 Independent Schools and Academies taking children age two and over and

which are exempt from registration with Ofsted as an early years provider.

1.9 Definitions in this Agreement

 “Agreement” shall means the terms and conditions herein (including the

Schedules and Annex A) together with any guidance referred to herein and

any documentation agreed in accordance with the said terms and conditions.

 "Bolton Council” shall mean the The Borough Council of Bolton of Town Hall

Bolton BL1 1RU.

 “Bolton Guidance” shall mean the Bolton Funded Early Years and Childcare

Entitlement: Operational Guidance (which is available at

(http://eye.boltonlea.org.uk/)

 “DfE” shall mean the Department for Education

 “DfE Operational Guidance” shall mean Early years entitlements: operational

guidance for local authorities and Providers July 2017, which is available via

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/

629544/Early_years_entitlements-operational_guidance.pdf

 “DfE Statutory Guidance “shall mean Early education and childcare Statutory

guidance for local authorities, which is available via

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/

596460/early_education_and_childcare_statutory_guidance_2017.pdf

 “EYFS” shall mean the Statutory framework for the early years foundation

(http://www.foundationyears.org.uk/files/2017/03/EYFS_STATUTORY_FRAM

EWORK_2017.pdf)

 “Model Agreement” shall mean the Model Agreement for Early years provision

free of charge and free childcare, which is available via

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/

604417/Model_Agreement_FINAL_20170302.pdf

 “Operational Guidance “ shall mean Start Well Service: Early Years Foundation

Stage Offer for Providers Delivering Funded Early Education and Childcare

Guidance which is available via http://eye.boltonlea.org.uk/

 "Provider" shall mean the person, organisation providing early learning

services these would include childminders, pre-school playgroups, private day

nurseries, independent schools, maintained nursery classes and maintained

nursery schools, as specified in Schedule 1 to this Agreement.

 “Provider Portal” shall mean the Capita One Early Years Provider Portal,

which shall be used by the Provider to carry out the following:

o Submit headcount information in respect of children attending the

Bolton Provider Agreement July 2017

Provider’s setting;

o Eligibility checks for two year old funding places on behalf of parents;

and

o Validate eligibility codes for 30 hours funding.

 “Provider Portal Guidance” shall mean the guidance which is available via

http://eye.boltonlea.org.uk/)

 “Safeguarding Guidance” shall mean all the safeguarding guidance available

via http://boltonsafeguardingchildren.org.uk/

 “Service” shall mean the delivery by the Provider of the early years funding

entitlement (including the Universal Entitlement and the Extended Entitlement,

as detailed in paragraph 1.4 above) in accordance with this Agreement.

 “Start Well” shall mean the Start Well Service: Early Years Foundation Stage

Offer for Providers Delivering Funded Early Education and Childcare which

can be accessed via http://eye.boltonlea.org.uk/

 “Start Well Offer” shall mean the fully funded (no cost to providers) EYFS core

of support from Start Well Service. which can be accessed at offer

http://eye.boltonlea.org.uk/

1.10 The Service

1.9.1 The Provider hereby agrees to provide a Service as specified in this

Agreement and the Appendix attached to this Agreement.

1.9.2 This Agreement shall commence on 1

September 2017 and continue

until terminated in accordance with 2.98 below.

1.9.3 The Service will be provided in accordance with the terms and

conditions contained herein.

1.9.4 In delivering the Service, the Provider shall comply with the Bolton

Guidance, the DfE Operational Guidance, the DfE Statutory Guidance,

the Operational Guidance, the Safeguarding Guidance and any other

such guidance relating to this Agreement which the Provider is made

aware of.

1.11 Statutory and other regulations

1.10.1 The Provider will operate in accordance with all Acts of Parliament,

amendment or re-enactment of any Act, Statutory Regulation, or other

such laws, recommendations, guidance or practices as may affect the

provision of the Service(s) specified under the Agreement.

1.10.2 The Provider guarantees that the Service provided will comply with the

requirements of the Health and Safety at Work Act 1974, of the relevant

statutory provisions as defined in the Act and of any regulations made

by virtue of the provisions of the Act or the relevant statutory provisions

and C.O.S.H.H regulations and undertakes to take all necessary steps

Bolton Provider Agreement July 2017

to secure the health and safety of employees and third parties.

1.12 Local Guidance

The Provider shall have due regard to the Operational Guidance when delivering

the Service. The operational guidance is intended to assist the Provider in

understanding in more detail the local processes for registration and delivery of

funded early education and childcare entitlements in Bolton. The operational

guidance also includes guidance from Bolton Council which has been aligned

with Department for Education advice and statutory guidance.

1.13 Annex A: Agreement to be signed by Provider

The Provider shall sign Annex A of this Agreement to confirm the Provider’s

acceptance of the terms and conditions of this Agreement.

Legal framework and statutory guidance

1.14 The following frameworks and legislation underpin this Agreement:

 Early Education and Childcare, Statutory Guidance for Local Authorities 2017

 Childcare Act 2006

 Childcare Act 2016

 Equality Act 2010

 School admissions code 2014

 Statutory Framework for the Early Years Foundation Stage 2017

 Local Authority, (Duty to Secure Early Years Provision Free of Charge)

Regulations 2014

 The Childcare (Early Years Provision Free of Charge) (Extended Entitlement)

Regulations 2016

 Special educational needs and disability code of practice: 0 to 25 years 2015

 Data Protection Act 1998

Section 2: Key Responsibilities

Key Bolton Council responsibilities

2.1 Bolton Council shall secure a free entitlement place for every eligible child in their

area.

2.2 Bolton Council shall work in partnership with providers to agree how to deliver

free entitlement places.

2.3 Bolton Council shall be clear about its role and the support on offer locally to

Bolton Provider Agreement July 2017

meet the needs of children with special educational needs and/or disabilities

(SEND) as well as its expectations of providers.

2.4 Bolton Council shall contribute to the safeguarding and promote the welfare of

children and young people in their area.

Key Provider responsibilities

2.5 The Provider must comply with all relevant legislation and insurance requirements.

2.6 The Provider shall deliver the Service consistently to all parents, whether in

receipt of 15 or 30 hours and regardless of whether they opt to pay for optional

services or consumables. This means that the Provider shall be clear and

communicate to parents details about the days and times that they offer free

places,

along with their services and charges. Those children accessing the free

entitlements shall receive the same quality and access to provision from the

Provider.

2.7 The Provider must follow the EYFS in delivering the Service and have clear

safeguarding policies and procedures in place for recognising, responding,

reporting and recording suspected or actual abuse, which policies and procedures

shall link to the Safeguarding Guidance. Bolton Council will monitor compliance

with this clause through the Start Well safeguarding and welfare visits as outlined in

Operational Guidance.

2.8 The Provider must have arrangements in place to support children with special

educational needs and/or disabilities (SEND). These arrangements should include

but not be limited to having a clear approach to identifying and responding to

SEND. The Provider shall utilise the SEN inclusion fund (additional funding to

support children with identified Special Educational Needs in their setting) and the

Disability Access Fund (as detailed at http://eye.boltonlea.org.uk/special-

educational-needs-and-disabilities/send-funding-and-specialist-provision/disability-

access-fund) to deliver effective support, whilst

making information available about

their SEND offer to parents.

2.9 The Provider must actively promote fundamental British values (as defined by the

DfE) and not promote views or theories as facts which are contrary to established

scientific or historical evidence and explanations.

Safeguarding

2.10 Bolton Council has overarching responsibility for safeguarding and promoting the

welfare of all children and young people in the Bolton Borough and it has a number

statutory functions under the 1989 and 2004 Children Acts which make this

clear. Further the Safeguarding Guidance sets out Bolton Council’s

responsibilities in detail.

2.11 The Provider must follow EYFS in delivering the Service and have clear

safeguarding policies and procedures in place for responding to and reporting

suspected or actual abuse and neglect, which policies and procedures shall be in

line with the Safeguarding Guidance.

2.12 The Provider shall ensure that a lead practitioner has responsibility for

Bolton Provider Agreement July 2017

safeguarding and that all staff receive suitable training to identify signs of abuse

and neglect.

Eligibility

15 hours entitlement for eligible two year olds

2.13 A child will be entitled to the free entitlement hours from the term after their second

birthday providing both of the following conditions are satisfied;

 The child has attained the age of two

 The child or parent meets the eligibility criteria

2.14 A child remains eligible under the above until they become eligible for the three

and four year old Universal Entitlement, as detailed below.

15 hour entitlement for parents of three and four year olds (the universal

entitlement)

2.15 All three and four year olds are entitled to the Universal Entitlement of 570 hours

no later than the beginning of the term after their third birthday.

30 hours entitlement for working parents of three and four year olds (extended

entitlement)

2.16 Three and four year olds of working parents will be entitled to additional free hours

from the term after the eligible child’s third birthday PROVIDED that both of the

following conditions are satisfied:

 The child has attained the age of three

 The child’s parent has / parents have a current positive determination of

eligibility from HMRC.

2.17 Where a parent or parents become eligible for the additional Extended Entitlement

mid-term, funding for the additional hours cannot start until the nearest following

term. (i.e. if a parent becomes eligible in February the child’s additional free

entitlement will begin April – see Table A below).

Table A:

Term Child First Eligible

Child turned 2* or 3 years old between

Autumn

April and 31

August

Spring

September and 31

December

Summer

January and 31

March

*only 2 year olds who meet certain criteria are eligible

Bolton Provider Agreement July 2017

2.18 Bolton Council shall ensure that a child has a free entitlement place no later than

the beginning of the term following the child and the parent meeting the eligibility

criteria for the free entitlements.

2.19 Bolton Council will confirm the validity of each 30 hours eligibility codes (being a

child’s unique reference) to allow the Provider to offer 30 hours places for eligible

three and four year olds. Bolton Council will provide a validity checking service to

the Provider to enable the Provider to verify the 30 hours eligibility code swiftly

and efficiently. This will be through the Provider Portal.

2.20 Bolton Council will complete audit checks to review the validity of

eligibility codes

for children who qualify for 30 hours free childcare at 6 fixed points in the year,

both at half-term and at the end of term across the year (on or around the dates as

listed at table B below). Bolton Council will notify the Provider where a parent has

fallen out of eligibility and inform them of the grace period end date (as detailed in

Table B below).

Table B:

Date Parent receives

ineligible decision on

reconfirmation

LA Audit Date

Grace Period End

Date

1 Jan – 10 Feb

11 February

31 March

11 Feb – 31 March

1 April

31 August

1 April – 26 May

27 May

31 August

27 May – 31 August

1 September

31 December

1 September – 21 October

22 October

31 December

22 October – 31 December

1 January

31 March

2.21 The Provider shall check original copies of documentation to confirm a child has

reached the eligible age on initial registration for all eligible elements of the Service.

The Provider shall record the necessary information which confirms these checks

on the Parental declaration form to enable Bolton Council to carry out audits and

fraud investigations. A sample parent declaration form is available for download at

http://eye.boltonlea.org.uk/funding-funded-places/30-hours-free-childcare/parental-

declaration-form.

2.22 The Provider shall consider advice from the ICO on holding Personal Data (as

defined in the Data Protection Act 1998) including sensitive Personal Data.

Guidance is available at: https://ico.org.uk/for-organisations/guide-to-data-

protection/principle-3-adequacy/

2.23 The Provider shall offer places to eligible two-year-olds on the understanding that

the child remains eligible until they become eligible for the Universal Entitlement for

three- and four-year-olds.

Bolton Provider Agreement July 2017

2.24 The Provider shall obtain each 30 hours eligibility code from parents, which is the

child’s unique 11-digit number,

and original copies of documentation. The Provider

must acquire written consent from, or on behalf of, the parent to be able to receive

confirmation and future notifications from Bolton Council of the validity of the 30

hours eligibility code. The Provider shall use the parental declaration form which

asks the parent for the necessary information and consents (see 2.20. above).

2.25 The Provider shall verify the 30 hours eligibility code with Bolton Council once

the Provider has received written consent from the parent to do so.

The Grace Period

2.26 A child will enter the grace period when the child’s parents cease to meet the

eligibility criteria set out in the Childcare (Early Years Provision Free of Charge)

(Extended Entitlement) Regulations 2016, as determined by HMRC or a First Tier

Tribunal in the case of an appeal.

2.27 Bolton Council will access information about whether a child has ceased to meet

the eligibility criteria and entered the grace period via the eligibility checking service

(as detailed in the DfE Operational Guidance and in the DFE Statutory Guidance).

The grace period end date (as specified in Table B above) will automatically be

applied to eligibility codes.

2.28 Bolton Council will continue to fund a place for a child during the grace period as

set out in the Early Education and Childcare Statutory Guidance for Local

Authorities 2017.

2.29 Bolton Council will inform the Provider of any children who have fallen out of

eligibility for the Extended Entitlement within seven working days of the audit check

date detailed in Table B above. Bolton Council will include the date when the

grace period will expire, at which point those children / families will revert to the

Universal Entitlement.

2.30 The Provider will inform parents who have fallen out of eligibility for the Extended

Entitlement and inform them of their grace period end date.

Appeals against an eligibility decision

2.31 Parents may appeal the decision that has determined their ineligibility for the

Extended Entitlement. Any appeals must be made directly to HMRC via their

appeals process. Bolton Council has no influence or discretion regarding this.

Flexibility

2.32 Bolton Council will permit the provision to be offered within the national

parameters on flexibility as set out in Section A2 of Early Education and Childcare

Statutory Guidance for local authorities.

2.33 The Provider shall offer flexible packages of free hours, subject to the following

standards.

 No session to be longer than 10 hours

Bolton Provider Agreement July 2017

 No minimum session length (subject to the requirements of registration on the

Ofsted Early Years Register)

 Not before 6.00 am or after 8.00pm

 A maximum of two sites in a single day

2.34 The Provider shall work Bolton Council and share information about the times

and periods at which the Provider is able to offer free entitlements to support

Bolton Council to secure sufficient stretched and flexible places to meet parental

demand in the Bolton borough. Places can be delivered:

 Over up to 52 weeks of the year

 Outside of maintained school term times

 At weekends

2.35 The Provider shall, where it is reasonably practicable ensure that children are able

to take up their free hours in continuous blocks and avoid artificial breaks being

created throughout the day, for example the lunch period.

2.36 The Provider shall also make information about

their offer and admissions criteria

available to parents at the point the child first

accesses provision at their setting.

2.37 The Provider shall enter into a written agreement with all parents that take up a

funded entitlement place and the Provider shall ensure they clear invoicing

structures are in place which adhere to the DfE Operational Guidance.

2.38 The Provider shall publish information about their childcare offer on Bolton’s

Childcare and Family Information website (www.Bolton.gov.uk/childcare).

2.39 The Provider may “stretch” the free entitlement over a greater number than 38

weeks but this will carry a reduced weekly allowance of hours which shall not

exceed 570 hours per annum in the case of 15 hour eligible children and 1140

hours in the case of 30 hour eligible children.

Partnership working

2.40 Bolton Council will support the partnerships below on four levels:

 Local authorities (including Bolton Council) and providers and multiagency

professionals

 Providers working with other providers, including childminders, schools and

organisations

 Providers and parents

 Local authorities (including Bolton Council) and parents

2.41 Bolton Council will promote partnership working between different types of

Providers, including childminders, across all sectors and encourage more

Bolton Provider Agreement July 2017

providers to offer flexible provision, alongside other providers.

2.42 The Provider shall, where possible, work in partnership with parents, carers and

other providers to improve provision and outcomes for children in their setting.

2.43 The Provider shall discuss and work closely with parents to agree how a child’s

overall care will work in practice when their free entitlement is split across different

p roviders, such as at a maintained setting and childminder, to ensure a smooth

transition for the child.

Special educational needs and disabilities

2.44 Bolton Council will strategically plan support for children with special educational

needs and/or disabilities (SEND) to meet the needs of all children in their local area

as per the Special Educational Needs and Disability code of

practice: 0 to 25 years

(January 2015).

2.45 Bolton Council will be clear and transparent about the support on offer in the

Bolton borough, through the Bolton Guidance, so parents and providers can access

that support. Early Years SEN panel process and graduated response for inclusion

funding

2.46 The Provider must ensure owners, managers and all staff members within their

settings are aware of their duties in relation to the SEND Code of Practice and the

Equality Act 2010 (see https://www.gov.uk/government/publications/send-code-of-

practice-0-to-25).

2.47 The Provider shall be clear and transparent about the SEND support on offer at

their setting including access to the inclusion fund and make information available

about their offer to support parents to choose the right setting for their child with

SEND.

2.48 The Provider shall identify those parents whose children may qualify for disability

access funding and follow local process for claiming the funding as outlined in the

Bolton Guidance.

2.49 Information about whether a child is in receipt of Disability Living Allowance (DLA)

is sensitive Personal Data which must be handled by the Provider appropriately.

The Provider shall have due regard to advice from the Information Commissioner’s

Office (“ICO”) on holding Personal Data including sensitive Personal Data. The

advice note is available at:

https://ico.org.uk/for-organisations/guide-to-data-protection/principle-3-adequacy/

Social mobility and disadvantage

2.50 Bolton Council will promote equality and inclusion, particularly for disadvantaged

families, looked after children and children in need by removing barriers of access

to free places and working with parents to give each child support

to fulfil their

potential.

2.51 Bolton Council will issue to the Provider a list of children who are eligible For

Early Years Pupil premium (EYPP) as outlined in The Bolton Funded Early Years

Bolton Provider Agreement July 2017

and Childcare Entitlement: Operational Guidance, section 7 (which is available at

http://eye.boltonlea.org.uk/

2.52 The Provider shall use EYPP and any locally available funding streams or support

to improve outcomes for this group. The Early Years Pupil Premium shall be used to

improve the quality of early years’ education for any disadvantaged children at the

Provider’s setting(s). The Provider shall consult the evidence on what works in

improving quality when making decisions about how to use EYPP funding, as

detailed in the Bolton Funded Early Years and Childcare Entitlement: Operational

Guidance, (which is available via (http://eye.boltonlea.org.uk/).

Quality

2.53 The Early Years Foundation Stage (EYFS) statutory framework is mandatory for all

schools that provide early years’ provision and Ofsted-registered early years

p roviders in England. The EYFS sets the standards that all early years’ providers

must meet to ensure that children learn and develop well and are kept healthy and

safe.

2.54 Ofsted are the sole arbiter of quality for all free entitlements and Ofsted and

inspectorates of independent schools have regard to the EYFS in carrying out

inspections and report on the quality and standards of provision.

2.55 Bolton Council has a legal duty to provide information, advice and training on

meeting the requirements of the EYFS for providers who are rated less than ‘Good’

by Ofsted or newly registered providers.

2.56 Bolton Council is not required to fund places where providers do not meet the

quality standards stated below, but may choose to do so to ensure sufficiency of

places.

2.57 Bolton Council will fund places;

 for two, three and four year old children at any provider setting judged “good”

or “outstanding” by Ofsted

 for three and four year old children at any provider setting judged

“satisfactory” (prior to 2014) or “requires improvement” by Ofsted

 for two three and four year old children at a setting operated by new

providers registered with Ofsted until the Provider’s first full Ofsted

inspection judgement is published

2.58 The Provider must offer provision in accordance with the national parameters on

quality as set out in Section A3 of the DFE Statutory Guidance and the EYFS.

2.59 Where a Provider achieves a “requires improvement” or “inadequate” or no

children on roll “not met” Ofsted grade the Provider will:

 Inform Bolton Council (Early Years Improvement Team) of their Ofsted

grade upon receipt of their Ofsted report by emailing:

[email protected].

Bolton Provider Agreement July 2017

 Work with officers of Bolton Council to immediately address any

recommendations and actions detailed within the Ofsted report, in

accordance with the Start Well targeted offer of support as outlined in the

Start Well Offer.

 Provide and implement a detailed action plan which demonstrates how

the Provider will achieve and maintain improvement in Ofsted grade.

Plans should be submitted to [email protected] or to the

Bolton Childminding Team at [email protected] within 28 days

of the report being published on the Ofsted website.

 This action plan must identify the following

a) How the Provider will satisfactorily address any actions or

recommendations raised at inspection by Ofsted including the

responsibilities and timeframes.

b) How this will impact on the children’s progress

c) How improvements will be monitored to evaluate their success.

 Ensure that staff attend training and peer to peer support which improves

knowledge and understanding to contribute to improved Ofsted grade and

individual children’s school readiness

2.60 Where a Provider achieves an “inadequate” Ofsted grade, Bolton Council will

remove the Provider from Bolton Council’s directory of those providers deemed

eligible to receive early years funding entitlement, as specified within the DFE

Statutory Guidance. The Provider will have the right to appeal the decision as set

out in the Operational Guidance.

Business planning

2.61 Bolton Council will provide and maintain the online Provider Portal for the sole

purpose of enabling the Provider to submit, safely and securely, child and parent

details relating to all free entitlements and EYPP.

2.62 Bolton Council will publicise the exact dates and timescales for submissions, via

the Provider Portal, each term. Autumn and Summer term cut off dates will be the

same each year Spring term cut off dates will be the 31st March irrespective of the

term start date, which can vary because of the Easter holiday dates.

2.63 The Provider must submit to Bolton Council the information outlined in the Bolton

Guidance, which information shall include but not be limited to headcount, census,

sufficiency, quality and audit returns by the dates specified on the request to

support the processing payment and delivery of free entitlements.

2.64 Bolton Council may charge the Provider a reasonable and proportionate charge

for providing late or incomplete information leading to additional administration or

costs in the processing of free entitlement. Bolton Council will consult with the

Provider should Bolton Council intend to introduce charges.

2.65 Bolton Council will carry out termly checks and or/audits on randomly chosen

Bolton Provider Agreement July 2017

providers of the Service to ensure compliance with the requirements of delivering

free entitlements and will provide a written record of such checks, including actions

and recommendations to the Provider.

2.66 The Provider shall, as required by legislation, complete an annual early years’

census in accordance with the DFE statutory Guidance.

2.67 The Provider must submit all information requested by Bolton Council (including

but not limited to headcount, census, sufficiency, quality and audit returns) by the

dates specified by Bolton Council to support the processing, payment and

delivery of free entitlements.

2.68 The Provider must submit all child and parent details to Bolton Council via the

Provider Portal by the dates specified by Bolton Council (see the Bolton

Guidance). The Provider shall retain all paper contracts and agreements, including

proof of entitlement (e.g. birth certificates, eligibility letters for 2 year olds). Copies

will not be required to be sent to Bolton Council.

2.69 The Provider shall maintain accurate financial and non-financial records relating to

free entitlement places and should give Bolton Council access on reasonable

notice to all financial and non-financial records relating to free entitlement places

funded under this Agreement.

Charges to parents

2.70 Government funding is intended to cover the cost to deliver 15 or 30 hours a week

(570 or 1140 hours a year) of free, high quality, flexible childcare. It is not intended

to cover the cost of meals,

consumables, additional hours or additional services.

2.71 Bolton Council will not intervene where parents choose to purchase additional

hours of provision or additional services, providing that this does not affect the

parent’s ability to take up their child’s free place.

2.72 In accordance with the DfE Statutory guidance Bolton Council will intervene

where parents make them aware that they are being charged additional amounts

outside of those detailed in this Agreement, or where the parent raises concerns

with the explanation given by the Provider for those additional charges.

2.73 The Provider must not:

 charge parents “top-up” fees (the difference between the Provider’s usual

fee and the funding they receive from Bolton Council to deliver free

places); or

 require parents to pay a registration fee as a condition of taking up their

child’s free place.

2.74 The Provider can, in delivering the Service,;

 charge for meals and snacks

 charge for consumables such as nappies or sun cream

Bolton Provider Agreement July 2017

 charge for services such as trips and yoga

The Provider must develop and maintain a policy on how to respond to parental

choice, which policy shall be available to Bolton Council for review.

2.75 The Provider shall be permitted to charge parents a deposit to secure a child’s

free place in some circumstances. In respect of this Agreement:

 deposits shall not be charged or held to secure funded 2 year old places

 deposits shall not be charged to existing children/parents i.e. a 2 year old

child who moves to 3 year old funding in the following term.

 requested deposits shall not be so high as to be a deterrent. A request for

50% of a week’s fees as a deposit would be viewed as being a deterrent to

some less advantaged parents.

 Deposits for children who do not take up a place can be non-returnable, so

the Provider shall keep deposits to a token, but meaningful, amount i.e. £10

or less.

 deposits shall be returned or deducted from the first payment a parent makes

following commencement of a placement.

2.76 The Provider shall deliver the Service consistently so that all children accessing

any of the free entitlements will receive the same quality and access to provision,

regardless of whether the parents opt to pay for optional hours, services, meals or

consumables.

2.77 The Provider shall be completely transparent with parents and Bolton Council

about any additional charges.

2.78 The Provider shall publish their admissions criteria and ensure parents understand

which hours/sessions can be taken as free provision. Not all providers will be able

to offer fully flexible places, but the Provider shall work with parents to ensure that

as far as possible the pattern of hours is convenient for parents’ working hours.

2.79 The Provider shall ensure their invoices and receipts are clear, transparent and

itemised, allowing parents to see that they have received their free entitlement

completely free of charge and to understand fees paid for additional hours. The

P r o v i d e r will also ensure that receipts contain the Provider’s full details.

Funding

2.80 The funding rates for 3 and 4 year old children in individual settings are determined

through a local Single Funding Formula which is devised following national funding

guidance (EYNFF) issued by the Department for Education April 2017

2.81 The Provider will be entitled to receive payment for the free entitlement delivered

for three and four year olds, calculated at the hourly rate published by Bolton

Council following approval in accordance with Bolton Council’s Constitution and

following local consultation. Payment shall include any deprivation supplement.

Bolton Provider Agreement July 2017

2.82 Payment will be for each child receiving their free early years provision for a

maximum of 15 hours or 30 hours (dependent upon eligibility) over 38 weeks per

year or any agreed combination of weeks and hours over the academic year

provided the combination shall not exceed a maximum of 570 hours or 1140 hours

(dependent upon eligibility) per annum.

2.83 The Provider will be entitled to receive payment for the free entitlement delivered to

eligible 2 year olds, calculated at a flat hourly rate of attendance per child as

determined by Bolton Council following approval in accordance with Bolton

Council’s Constitution and as outlined in the Operational Guidance. Payment will

be for each child receiving their funded early years’ provision for a maximum of 15

hours over 38 weeks per year or any combination of weeks and hours over the

academic year provided the combination shall not exceed a maximum of 570 hours

per annum.

2.84 Bolton Council will publish a timetable of headcount submission and payment

dates and will acknowledge and respond timely to queries which the Provider

raises in respect of the funding payable under this Agreement. The Provider shall

send queries to [email protected].uk.

2.85 Bolton Council will pay the Provider as follows:

 monthly for the universal 15 hour and the additional funded entitlement for

three and four year olds;

 three times per term (approximately 6 weeks and,12 weeks into a term plus

one final payment at term end, for eligible two year olds).

Payments will be made using the latest headcount of eligible children supplied by

the Provider through the Provider Portal.

2.86 Bolton Council will apportion payments between Providers, where a parent

chooses to access provision from more than one Provider (two maximum) to

provide the free entitlement.

2.87 Early Years Pupil Premium payments will be paid in addition to free entitlement

funding and paid termly at the prescribed rates set by government. The Provider

will be notified of children eligible for this funding and the amount payable per child

following the completion by Bolton Council of the Provider’s initial headcount

termly returns.

2.88 Disability Access Fund payments will be made in respect of eligible children, at the

rate determined by the DfE as soon as practicable after a child attends at a setting.

This payment is made separately to other funding.

2.89 The Provider shall always refer to the Provider Portal guidance when submitting

headcount data, funding and eligibility checks, which guidance shall be available

via the Provider Portal.

2.90 The Provider must complete the termly headcount process using the Provider

Portal (save where the Provider is a childminder). To ensure that the Provider

receives payments based on these initial returns, the headcount process must be

Bolton Provider Agreement July 2017

completed by the date specified on the portal.

2.91 The Provider must submit all changes (including, but not limited to new starters,

leavers, change in hours) to the already submitted initial headcount via the

amendment task return, which is available on the Provider Portal. All changes

received will be included in future payments.

2.92 Where the Provider is a childminder, Bolton Council will send termly headcount

forms (and amendment forms) to the Provider by post. The Provider shall

complete and return the forms to Bolton Council by the date specified therein.

2.93 The Provider shall ensure that all required free entitlement eligibility checks are

undertaken accurately and the correct details are entered into the Provider Portal

along with any supporting evidence (for non-income based applications). Incorrect

submissions may result in delayed payments or funding being re-claimed for

incorrectly funded children.

2.94 The Provider shall record the presence or absence at each session of each child

for whom funding has been claimed under this Agreement. The Provider shall

have a policy (which is in line with the statutory EYFS) for monitoring attendance

which includes informing appropriate relevant agencies and following Bolton

Council’s safeguarding procedures (see http://boltonsafeguardingchildren.org.uk/)

should the Provider have concerns raised by poor attendance.

2.95 The Provider shall use due diligence to safeguard the operation of this Agreement

against fraud on the part of directors, governors, staff or parents with particular

regard to inaccurate, incomplete or misleading claims for payment (see

https://www.gov.uk/contact-hmrc).

Compliance

2.96 Bolton Council will carry out such checks and/or audits in respect of the Provider

to as reasonably required to ensure compliance with the requirements of delivering

the free entitlements and will provide a written record of such checks, including

actions and recommendations, to the Provider.

2.97 The Provider shall agree to audit checks and provide any information that is

requested and implement any actions and agreed recommendations. These checks

will not be disproportionate or unnecessarily burdensome to the Provider.

Termination and withdrawal of funding

2.98 Bolton Council shall have the right, on written notice, to terminate this Agreement

in the event:

 that Ofsted suspends the Provider’s and or a setting’s registration;

 the Provider is in breach of this Agreement and the Provider fails to remedy

the breach within the period specified by Bolton Council, acting reasonably;

 the Provider does not actively promote fundamental British values (as

defined by the DfE) or if the Provider promotes views or theories as fact

which are contrary to established scientific or historical evidence and

Bolton Provider Agreement July 2017

explanations;

 the Provider does not meet the quality criteria as specified within the EYFS

 the Provider is providing two year old funded childcare and has been graded

‘satisfactory’ or ‘requires improvement’ by Ofsted;

 the Provider has received the Ofsted inspection judgement of ‘not met’;

 the Government alters or withdraws the early years’ provision free of

charge

(sections 7 and 7A of the Childcare Act 2006) and free childcare (section 2 of

the Childcare Act 2016).

2.99 The Provider shall submit an appeal on the Ofsted grade to Ofsted using their

appeals procedure.

2.100 If the Provider is unable to meet the Ofsted grade criteria, after being given

sufficient time by Ofsted to improve their grade criteria and following their action

plans developed with Bolton Council to meet any actions arising from inspection,

Bolton Council shall, in consultation with the Schools Forum, which is made up of

representatives from schools, academies; there is also some representation from

non-school organisation, such as nursery and 16-19 education providers. Their role

is to act in a consultative role for changes to the local funding formula or proposed

changes to the operation of the minimum funding guarantee. Further information

regarding Schools Forum can be sort at https://www.gov.uk/guidance/schools-

forum-a-guide-for-schools-and-academies.

2.101 The Provider shall have 7 days in which to appeal in writing against a notice of

termination issued by Bolton Council in accordance with 2.91 above.

Appeals process

2.102 The Provider may be denied approval to offer the free entitlements or have their

funding withdrawn as set out above. The Provider can appeal against that decision.

2.103 The appeals process is:

 The Provider shall have 7 days in which to appeal in writing to Bolton

Council; and

 Bolton Council will convene an appeals hearing at which the Provider will

be entitled to attend with a representative of the Provider’s choice. The

appeals panel shall consist of a senior officer of Bolton Council, the Early

Years’ team leader and one other officer of Bolton Council who is not

directly involved in the Early Years’ service. The panel will collate

information and hear any representations from the Provider prior to making

a decision. The decision of the panel shall be final.

Complaints process

2.104 Bolton Council will consider concerns from parents who are not able to resolve

their concern directly with the Provider where the parent is not satisfied that their

child has received their free entitlement in accordance with the legislation or as set

Bolton Provider Agreement July 2017

out in this Agreement and in the DfE Statutory Guidance.

2.105 The Provider shall ensure the Provider has 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.

2.106 If a parent or the Provider is not satisfied with the way in which their complaint has

been dealt with by Bolton Council or a parent of the Provider believes Bolton

Council has acted unreasonably, they can make a complaint to the Local Authority

Ombudsman. Such complaints will only be considered when the local complaints

procedures have been exhausted.

Data Protection

2.107 Bolton Council and the Provider shall each comply with the Data Protection Act

1998 (DPA) and the EU Data Protection Directive 95/46/EC until 23:59:59 on 24

May 2018 and with effect from 25

May 2018 the General Data Protection

Regulation (EU) 2016/679. Further, Bolton Council and the Provider shall

comply with the Regulation of Investigatory Powers Act 2000, the

Telecommunications (Lawful Business Practice) (Interception of Communications)

Regulations 2000, the Electronic Communications Data Protection Directive

2002/58/EC, the Privacy and Electronic Communications (EC Directive)

Regulations 2003 and all applicable laws and regulations relating to protection,

processing and sharing of personal data and privacy, including where applicable

the guidance and codes of practice issued by the Information Commissioner

2.108 Bolton Council and the Provider shall comply with the Data Sharing Schedule

attached to this Agreement at Schedule 2.

Freedom of Information

2.109 Bolton Council has legal duties which may require the release of information

under the Freedom of Information Act 2000 (“FOIA”) or the Environmental

Information Regulations 2004 (“EIR”) or any other applicable legislation or codes

governing access to Information (“Access Duties”). Bolton Council may be under

an obligation to provide information on request in complying with its Access Duties.

Such information may include matters arising out of or under this Agreement in

any way.

2.110 In the event that Bolton Council receives a request to for information under its

Access Duties, Bolton Council will disclose all such information and

documentation (in whatever form) as it is obliged to disclose under its Access

Duties.

2.111 Bolton Council shall endeavour to inform the Provider of the intention to disclose

information under its Access Duties; however, Bolton Council shall be

responsible for determining what information it is required to disclose under its

Access duties.

2.112 Bolton Council shall not disclose information which is exempt from disclosure

under its Access Duties.

Bolton Provider Agreement July 2017

Variation

2.113 In the event that it is necessary to vary any of the terms of this Agreement in order

to comply with legislation or any guidance or procedures issued by the

Government, Bolton Council shall serve a written notice on the Provider detailing

the variations. The variations shall come into effect from the date specified in the

written notice.

Bolton Provider Agreement July 2017

Schedule 1

Full Legal Title of Provider ………………………………………………………………….

Registered/Nominated Person ………………………………………………………………….

EY Number ………………………………………………………………….

Name of setting(s) ………………………………………………………………….

………………………………………………………………….

Address of setting(s) ………………………………………………………………….

………………………………………………………………….

Funding Stream:

Entitlement

 or 

15 hour entitlement for eligible two year olds,

15 hour entitlement for parents of three and

four year olds (the “ Universal Entitlement”)

30 hours entitlement for working parents of

three and four year olds (the “Extended

Entitlement”).

Bolton Provider Agreement July 2017

Schedule 2

Data Sharing Schedule

Purposes for which the data is being shared

Bolton Council has a statutory duty to validate the eligibility of access to free and flexible

high quality early years provision and submission of child level data for payments to the

Provider.

There is also a statutory requirement for Bolton Council to complete a return to the

Department of Education each year containing this information.

Legal basis for sharing

 Sections 1 and 2 of the Childcare Act 2016; and

 Section 6, 7, and 7A of the Childcare Act 2006.

Personal and Sensitive Personal Data to be shared

Field/Data Item

Headcount

2 Year Old

Funding

Hours

First name



Middle Name



Last Name



DOB



Gender



Ethnicity



First Language



Address



Parents/Carer Title



Parents/Carer Forename



Parents/Carer Surname



Parent/Carers DOB



Parents/Carer Gender



Parents/Carer Relationship to the child



Parents/Carers Address



Parents/Carers National Insurance

Number



Parent/Carers NASS Number





Whether the parent/carer has parental

responsibility for the child



Reason for Claiming Funding (LAC,

SEN, Adopted, DLA, Universal Credit,

Provided an eligibility letter from

another LA)



Bolton Provider Agreement July 2017

If provided an eligibility letter from

another LAs the name of the LA that

gave the letter and the eligibility

reference number.



Applicants Email address



Applicants phone number



Extra contact information



30 Hours Eligibility Code



Childs Start Date



Childs End Date



Weeks Attended Setting in the term



Average hours attended per week



Hours Attended in the term



Universal hours claimed per week



Universal hours claimed for term



Extended hours claimed per week



Extended hours claimed per for term



Transmission of Personal Data

The Provider will submit Personal Data to Bolton Council via the secure Provider Portal.

Access to the Provider Portal will be controlled by Bolton Council and all access requests

will require the user to accept the Bolton Council Terms and Conditions for access and

for the application access to be countersigned by the Provider through its

owner/manager.

Childminders do not have access to the secure Provider Portal and will submit Personal

Data to Bolton Council by secure email or postal methods.

Retention

Bolton Council will retain the Personal Data received from the Provider in accordance

with appropriate retention schedules, as determined by Bolton Council’s retention policy

(details of applicable retention periods will be supplied to the Provider within a reasonable

period on written request) or by legislation.

Data Subjects’ Rights

Data Subjects have the right to obtain certain information about the processing of their

Personal Data through a Subject Access Request. In circumstances where the processing

of a Data Subject’s Personal Data is not in compliance with Data Protection Legislation.

Data Subjects may also request rectification, erasure or blocking of their Personal Data.

Complaints

Bolton Council and the Provider agree that a complaint from a Data Subject or their

Bolton Provider Agreement July 2017

representative about Personal Data transferred between the parties will be investigated

first by the party receiving the complaint.

If policies and procedures relating to and impacted by information sharing need to be

reviewed as a result of a complaint or otherwise, the relevant party shall undertake this

work in a timely manner and inform the other party of any revisions made to such policies

and procedures.

Breaches

Bolton Council and the Provider agree that in the event that there is a breach of the Data

Protection Legislation or an allegation of a breach of the Data Protection Legislation within

a party’s organisation, that party shall manage and, where possible, mitigate the breach in

accordance with its own reporting and investigation procedures. The party who suffers the

breach or who is notified of an alleged breach shall inform the other party of the breach or

alleged breach within 2 working days and as soon as reasonably possible that party shall

inform the other of all steps taken or to be taken to mitigate and/or contain the breach or

alleged breach and prevent a similar incident occurring in the future.

Review

Bolton Council and the Provider agree that this Data Sharing Schedule shall be

reviewed and amended in writing as and when required and that any amended version

shall form part of this Agreement. No amendments shall be made unless ratified by Bolton

Council and the Provider.

Bolton Provider Agreement July 2017

IN WITNESS whereof the Authority and the Provider have executed this Agreement the

day and year written at the head of this Agreement

Executed by the Borough Council of Bolton

under the hand of its authorised signatory

……………………………………….

Authorised signatory

……………………………………….

Name of signatory (CAPS)

Executed by the Provider detailed in Schedule

1 to this Agreement

……………………………………….

The Provider/Authorised signatory

……………………………………….

Name of signatory (CAPS)

……………………………………….

Date