EYFS Welfare Requirements: The Full Statutory Obligations

The EYFS welfare requirements are the section of the Early Years Foundation Stage Statutory Framework that most directly intersects with child protection, employment law and regulatory enforcement. Because they are made by statutory instrument under s.39 of the Childcare Act 2006 (rather than being mere guidance) they carry full legal force. Every registered early years provider must comply with them in full. This article sets out each requirement area with the precision it deserves.

The Legal Basis

Section 39(1)(b) of the Childcare Act 2006 empowers the Secretary of State to specify, by regulations, requirements relating to the welfare of children in early years provision. These are the welfare requirements. Section 49 then empowers Ofsted to issue welfare requirements notices where providers fail to comply. The welfare requirements are found in Section 3 of the Early Years Foundation Stage (Statutory Framework) Regulations 2021 (SI 2021/651). They came into force on 1 September 2021, replacing the 2017 Statutory Framework. Any provider who refers to an older version of the EYFS is at risk of non-compliance – the 2021 version is the current, legally operative text.

Child Protection (Safeguarding)

Paragraph 3.4 of the EYFS 2021 requires every registered early years provider to have a safeguarding policy and procedures. These must be consistent with the guidance of the local safeguarding children partnership (LSCP) – the multi-agency body responsible for overseeing safeguarding arrangements in each local authority area. There must be a designated safeguarding lead (DSL) who has completed specific safeguarding training at least every two years. All staff must be trained to recognise indicators of abuse and neglect and to know the procedure for reporting concerns. Providers must follow referral procedures and are required in certain circumstances to make a referral to children’s social care under s.47 of the Children Act 1989 (duty to investigate).

The EYFS makes clear that the safeguarding duty is a positive obligation: providers must not merely respond to concerns when they arise but must proactively create an environment where children are safe and where safeguarding is embedded in the culture of the setting. This is directly aligned with the inspection framework: inspectors will assess safeguarding against the “is it effective” threshold, not merely whether a policy document exists.

Suitable People

Paragraphs 3.9–3.14 of the EYFS 2021 deal with suitable people. Every person who works with children in an early years setting, and every person who comes into regular unsupervised contact with children, must be subject to an enhanced DBS check with a barred list check before they begin work. Providers must not allow a person to commence regulated activity with children until the DBS check result has been received, unless risk-assessed supervised working arrangements are in place. The DBS check must be the provider’s own check – reliance on a check obtained by a previous employer is not acceptable, though membership of the DBS update service can be used to verify that an existing check remains current.

Providers must also ensure that no person who is disqualified under the Childcare (Disqualification) Regulations 2018 works in the setting. For childminders, enhanced DBS checks must cover all household members aged 16 and over. The provider must keep a single central record of all DBS checks, staff qualifications and required training, updated at least annually and available for inspection by Ofsted at any time.

Staff Qualifications, Training and Knowledge

Paragraphs 3.20–3.28 prescribe the minimum qualification levels for staff. In group settings, the manager must hold at least a full and relevant Level 3 qualification. At least half of all other staff must hold at least a full and relevant Level 2 qualification. “Full and relevant” means an approved early years qualification on the DfE’s published list (a generic childcare certificate or a first aid qualification does not count as a full and relevant qualification for ratio purposes. Where a provider has a graduate) someone holding an approved Level 6 qualification – on the staff, the staff-to-child ratio for three-year-olds and above improves from 1:8 to the standard without a graduate still being 1:8.

All staff working directly with children must hold a current paediatric first aid (PFA) certificate. As of 3 April 2017, this requirement applies to every staff member who works with children under five, not just nominated first aiders. PFA certificates are valid for three years. Where a certificate expires, the member of staff may not be left alone with children until it is renewed.

Key Person Arrangements

Paragraph 3.27 requires every child to be assigned a named key person before they start at the setting. The key person must be named in the information provided to parents at the start of the placement. The key person is responsible for:

• forming a secure attachment with the child
• acting as the primary point of contact for parents
• maintaining learning and development records
• ensuring any welfare concerns are reported

For babies and very young children, the key person relationship is developmentally critical. The EYFS makes this a mandatory structural feature of all early years provision, not an optional quality enhancement. Inspectors will specifically assess whether key person arrangements are meaningful (i.e., that the key person genuinely knows and advocates for their key children) or merely nominal (i.e., a name on a list).

Staff-to-Child Ratios

The prescribed minimum ratios are set out in paragraphs 3.29–3.45 of the EYFS 2021. They are legal minimums, not aspirational benchmarks, and must be maintained at all times during the working day (including during outdoor activities, outings and at meals). The ratios are:

• Under 2 years: 1 adult to 3 children (1:3)
• 2 years: 1 adult to 4 children (1:4)
• 3 years and over (nursery and pre-school contexts): 1 adult to 8 children (1:8) where a Level 6 practitioner is not present; the same 1:8 where a Level 6 practitioner is present
• 3 years and over in Reception class: 1 adult to 13 children (1:13) where a qualified teacher (QTS or equivalent) leads the class
• Reception class with no QTS teacher: 1 adult to 8 children (1:8)
• Childminders: 1 childminder to a maximum of 6 children under 8 years, of whom no more than 3 may be in the early years age group and no more than 1 may be under 1 year

Staff counted in the ratio must be present and available to supervise children – staff who are preparing food, engaged in administrative tasks or off the floor for any reason cannot be counted. Providers who routinely operate close to the minimum ratios are more vulnerable to falling below the minimum when staff absence occurs – this is a risk management issue that well-led settings plan for.

Health

Paragraphs 3.45–3.54 deal with health requirements. Providers must have written procedures for managing medicines, illness and allergies. Medicines may only be administered with written parental consent, and prescription medicines may only be given in the prescribed dose. Providers must keep written accident records and must notify Ofsted (under the notification duty) of any serious accident or illness requiring hospitalisation. Food provided must be nutritious and meet any dietary requirements or religious observance needs. Providers must promote good oral hygiene, particularly for children who attend for long periods.

Managing Behaviour

Paragraphs 3.52–3.53 prohibit corporal punishment in all registered early years settings, whether delivered by a practitioner or by a parent visiting the setting. This prohibition is absolute – providers cannot contract out of it or accept parental consent to corporal punishment. Where a provider uses or permits physical punishment, this is both a breach of the welfare requirements and potentially a criminal matter. Providers must have a behaviour management policy that uses positive strategies, and the designated person responsible for behaviour management must be identified.

Suitable Premises, Environment and Equipment

Paragraphs 3.54–3.68 require premises to be safe, secure and suitable. Risk assessments must be carried out for all areas children access, reviewed regularly and documented. Outdoor areas must be checked daily for hazards. Equipment must be age-appropriate, maintained in good repair and meet British Standards or European standards (BS EN). Premises must have adequate insurance, including public liability insurance. Fire evacuation procedures must be practised at least termly and records kept.