We Asked, You Said, We Did

The Department for Education published a consultation asking for views on the proposed draft regulations to make changes to the Teachers’ Pension Scheme (TPS) member contribution rates, Fair deal provisions and a few minor miscellaneous amendments to ensure the TPS regulations remain up to date.

A total of 187 responses were received from individuals and organisations.

The Department has looked closely at all the comments raised and the draft regulations will now form the basis of the final regulations. The draft regulations have been laid in Parliament and will be implemented on 1 April 2025.

This consultation invited views on two proposals:  

Part one: to remove the 50% cap on faith admissions for new and existing free schools, helping to encourage all faith groups and trusts to apply to open new faith free schools within the tenets of their faith. 

Part two: to allow new special academies and existing special academies registered with the Department for Education as having a faith ethos to apply to be designated as having a religious character.  

A total of 3668 responses were received. Most respondents (66%) disagreed or strongly disagreed with both proposals.  

We would like to thank all those who responded to the consultation. The government will not be moving forward with these proposals at this time and will continue to keep these policy areas under review.

The government has committed to remove barriers to opportunity and raise school standards. We believe work underway in other areas to this consultation will better support our mission, and we look forward to working in partnership with all types of school, including the important contribution of faith schools, in achieving our mission.

The Department for Education consulted on proposals to strengthen safeguarding requirements in the statutory EYFS framework. Proposals covered: safer recruitment, child absences, safeguarding training, paediatric first aid training, safer eating, toileting and privacy.

The consultation received 1470 responses. There was strong support from respondents for all the consultation proposals, with clear consensus that the safeguarding reforms will improve children’s safety and align with current best practice in early years settings.

Based on consultation responses Government will proceed with implementing:

• All of the safeguarding changes that were consulted on, with minor changes to the wording for additional clarity.

• 2 new changes on whistleblowing and providing employment references.

We intend to proceed with statutory national implementation of the EYFS safeguarding reforms from 1^st September 2025. You can read the Government’s response to the consultation in full on the Early years foundation stage (EYFS) safeguarding - GOV.UK (www.gov.uk) webpage.

The Department for Education consulted on a proposed decision-making model, eligibility criteria and process requirements for an experience-based route for early years staff. The proposed route would allow staff who do not hold approved qualifications to be included in the staff:child ratios at level 3 following a period of supervised practice.

The consultation received 1159 responses. The responses were broadly supportive, with a range of between 52% to 92% of respondents agreeing with each proposal.

Based on the responses to the consultation Government will proceed with implementing the experience-based route for early years staff. We have listened to the feedback on the detail of this proposed route in the consultation, and used this to inform how this route will work for early years providers.

We intend to proceed with the introduction of the experience-based route from 3^rd March 2025, subject to parliamentary approval. The Government’s response to the consultation is available online at Experience-based route for early years practitioners - GOV.UK, and guidance on the experience-based route can be found at Experience-based route for early years staff - GOV.UK.

This consultation invited views on draft statutory guidance for local authorities on the use of agency child and family social workers.

A total of 110 responses were received. The responses were broadly supportive of the draft statutory guidance with a range of 48% to 86% of respondents agreeing that the statutory guidance across each of the agency rules contained the correct level of detail.

The government’s response to the consultation is available online at: Child and family social workers: agency rules statutory guidance - GOV.UK (www.gov.uk).

Listening to the feedback, we have taken the opportunity to make changes to improve drafting of the rules where there were lower levels of agreement, namely on price caps (48% agreed or strongly agreed) and notice periods (58% agreed or strongly agreed). We have also made minor changes throughout the statutory guidance to improve clarity.

New statutory guidance for local authorities on the use of agency child and family social workers was published on 12 September 2024 and will come into force on 31 October 2024. This is available online at: Child and family social workers: agency rules - GOV.UK (www.gov.uk).

We asked for views on our proposals to make changes to the fees for children’s social care providers and how we consult on them in the future. We also sought views on the frequency of children’s homes inspections when there are no children accommodated and the disclosure of names and addresses in secure 16-19 academy and secure children’s homes inspection reports.

13% of respondents said a 20% increase in fees payable by children’s social care providers would have no impact. 18% thought the impact of the proposed fee increase would be minor. 38% told us it would have a moderate impact. 31% said it would have a major impact.

Most respondents (69%) thought it was necessary to consult on future fee increases and 19% thought it was not necessary.

The majority of respondents (69%) were in favour of our proposal of removing the requirement for Ofsted to undertake a second inspection on a children’s homes when there are no children accommodated in the home at the time of the first inspection. 12% were not in favour and 19% were not sure.

Half of respondents (50%) did not foresee any issues with the proposal for Ofsted to disclose names and addresses in secure 16-19 academy and secure children’s homes inspection reports. 25% did foresee issues and 25% were not sure.

The results of the consultation have been set out in a report on the gov.uk website. Based on these results the department has decided to implement a  20% increase on current fees payable by children’s social care providers not paying the full cost rate and not consult on future fee increases of 20% or less.

The department will remove the requirement for Ofsted to undertake a second inspection on a Children’s Home when there are no children accommodated in the home at the time of the first inspection and will allow Ofsted to disclose names and addresses in secure 16-19 academy and secure children’s homes inspection reports.

The Department for Education published a consultation asking for sector views on a range of questions covering two broad themes to drive up quality in further education (FE) initial teacher training (ITT):

1. proposed changes to student support funding eligibility for FE ITT courses
2. longer term proposals to improve FE teacher training quality.

A total of 78 responses were received from individuals and organisations spanning a variety of stakeholder groups, including FE colleges, universities, awarding bodies, unions, other learning providers, and representative bodies.

All parts of the consultation were positively received by a majority of respondents.

As a result of the responses received – and broader evidence reviewed by government – we have updated the eligibility for student support funding for FE ITT courses, effective from academic year 2024 to 2025: Recognised further education teacher training courses eligible for student support: 2024 to 2025 - GOV.UK (www.gov.uk). As a result, only those FE ITT trainees at English higher education providers with degree awarding powers, or their validated partners (including FE colleges), will be eligible to receive student support funding for FE ITT courses.

Government is undertaking further work to develop longer term plans for reform of the FE teacher training system. It is highly likely that this will require regulations to be made under section 17 of the Skills and Post-16 Education Act 2022. This section of the Act has not yet been commenced. A first set of regulations made under this section would be subject to affirmative resolution by Parliament. No timetable for commencement of the relevant section, or the making of regulations, has yet been set.

This call for evidence sought the views of the education sector on their use of, and attitude to, generative artificial intelligence (GenAI) in education.

Respondents across primary, secondary and tertiary education are already beginning to see benefits from the use of GenAI and are positive about the opportunities it presents, though many also have concerns about the potential risks. The responses also provided suggestions on the support that the sector would find beneficial.

The Department will use this information to shape its future policy in regards to GenAI in education, including how to best support the sector to optimise the opportunities of GenAI while minimising the risks.

The Department for Education published a consultation asking for views on the proposed draft regulations to implement the McCloud retrospective remedy as required by the Public Service and Judicial Offices Act 2022.

A total of 309 responses were received from individuals and organisations, and most respondents agreed that the draft regulations meet the policy aims as described in the consultation document.

The Department has looked closely at all the comments raised and the draft regulations will now form the basis of the final regulations. The draft regulations have been laid in Parliament and will be implemented on 1 October 2023

In April 2023, the Department launched a consultation to seek views on changes to the subject content for Chinese and Japanese AS and A levels. The proposals were for English to be used in aspects of these subjects where the language of study may make it too challenging for students to meet the requirements of their tasks.

We welcome agreement from the majority of respondents that the changes would help to improve the fairness of the qualification and would better allow students to demonstrate the skills under assessment.

As a result of the responses, we will make changes to the AS and A level subject content for Chinese and Japanese. The changes will be made for first teaching in September 2024, with first assessment in 2026.

This consultation invited views on a proposed set of national rules on local authority engagement of agency child and family social workers.

A total of 1,243 responses were received, with 1,230 completing the consultation online. Over two-thirds of respondents agreed in principle with the proposed national rules (64%), whilst a third disagreed (33%).

The government’s response to the consultation, and full independent analysis of consultation responses, are available online at: Child and family social worker workforce - GOV.UK (www.gov.uk).

Following consultation, we developed new statutory guidance for local authorities on the use of agency child and family social workers, with some changes to the proposed rules to respond to consultation feedback. We consulted on the draft statutory guidance from 31 January to 28 February 2024.

The Call for Evidence asked respondents to provide references to evidence that is relevant to trainee and/or early career teachers, stating their source’s methodology, context, recency, and relevance.

There were 92 studies submitted that it has been possible to access. Submissions included, but were not limited to: adaptive teaching, assessment, careers education, expectations, literacy and language, managing behaviour, mental or physical health and wellbeing, neuroscience, policy design and implementation, SEND, and subject and curriculum.

The Call for Evidence has captured the expertise of the sector in a way that we hope can inform the iteration of the frameworks. The evidence examined at this point indicates that alterations to the Early Career Framework and Core Content Framework will be moderate. The team at DfE is working with the Education Endowment Foundation and expert groups to explore where and how it may be necessary to adjust framework statements. These will then be tested with wider stakeholders.

We asked whether the Ofsted registration requirement should be removed:

• for providers of adoption support services working under a contract with an adoption agency; and
• for providers of adoption-related counselling and therapeutic services to adults

By a strong majority in both instances, you agreed that the registration requirement should be removed.

Regulations which will make both these proposed changes were laid before Parliament on 27 November 2023, and will come into force on 18 December 2023, subject to Parliamentary approval.

If you agreed that the designation of the Quality Assurance Agency for Higher Education (QAA) as the designated quality body for higher education in England should be removed.

The majority of responses (31) disagreed with the de-designation of QAA, while 15 agreed and one did not answer the question.

Whilst we recognise that many respondents reflected positively on QAA’s work as the DQB, QAA itself has asked to step down. In light of this, and whilst we acknowledge the views expressed, it was not appropriate for QAA to remain designated.

We asked for views about the suitability of the proposed revisions to the Early Years Educator (EYE) Level 3 qualifications criteria and any cost implications of changing the criteria on businesses. In total the consultation received 105 responses.

Overall, there was a positive response to the proposed criteria. Most respondents welcomed the commitment to updating the criteria. There were some broad themes identified with regards to ensuring the criteria was clear and concise for settings, awarding organisations, practitioners, and students. These themes included, but were not limited to:

• Reducing repetition across the criteria;
• Unclear expectations within some of the criteria;
• Unclear and /or misleading language within some of the criteria, making it difficult to understand and interpret;
• Consensus on separating curriculum/knowledge and pedagogy/skills to make assessment against the criteria easier;
• A need for greater understanding of statutory and non-statutory guidance, as well as the role of Ofsted and its framework;
• Awareness of procedures, practices, strategies and services available locally;
• Request for specific detail for some criteria.

You can read the Government’s response to the consultation in full on the Changes to the early years educator level 3 criteria - GOV.UK (www.gov.uk) webpage.

For background, the criteria sets out the minimum essential knowledge and skills a Level 3 qualified Early Years Educator is required to have to deliver the Early Years Foundation Stage (EYFS) effectively.

Based on feedback received, we revised the criteria and published a final version within the consultation response (linked above). As part of the process, we  considered how best to present the criteria so that they are clear and concise, and looked at how to reduce repetition and overlap between the individual criteria. We employed a ‘learn that’ and ‘learn how to’ format to make it clearer what skills and knowledge a level 3 early years educator (EYE) should have and how they should evidence this. This also brings the EYE in line with other professional standards, such as the Early Career Framework. In addition, we aligned the language used with the EYFS statutory framework and Development Matters guidance and added statutory and non-statutory guidance links throughout the criteria, as well as reflecting how early years educators should be aware of their local procedures and policies as required.

The criteria are not intended to be a detailed course curriculum. We have therefore not included specific detail within the criteria which sets out minimum requirements within individual criterion.

We asked for views on our proposals to make changes to fees for children’s social care providers and to set a minimum inspection frequency for the secure children’s homes element of secure 16-19 academies.

Close to half of respondents (44%) told us that the proposed fee increase would have no or a minor impact. Whereas 39% told us that it would have a moderate impact and 18% told us it would have a major impact.

The majority of respondents (63%) agreed with our proposal that secure 16-19 academies should be subject to the same number of minimum inspections as secure children’s homes.

The results of the consultation have been set out in a report on the gov.uk website. Based on these results, the department has decided to implement a 10% increase in fees for children’s social care providers not paying the full cost rate and set a requirement that the secure children’s home element of all secure 16-19 academies is subject to a minimum of two Ofsted inspections a year.

We asked for views on proposed quality standards, administrative requirements and accompanying guidance ahead of regulations being laid to introduce quality standards and registration and inspection requirements for providers of supported accommodation that accommodate looked after children and care leavers aged 16 and 17.

Many respondents agreed that the proposed standards, requirements and guidance covered the right areas. The main themes identified for further consideration covered: qualifications and experience requirements of managers and staff, restraint, the security of young people’s personal space and the use of non-permanent settings. Respondents also suggested some small changes and additions to the guidance to help provide additional clarity.     

We will proceed with laying the regulations before parliament in early April 2023, which will implement the new national standards and Ofsted regime. Ofsted will begin registering providers of supported accommodation from 28 April 2023. Registration will become mandatory from 28 October 2023.

In 2022 the Department for Education ran a second, more technical consultation asking for further views on proposals for reforming the further education funding and accountability system. 

We received a total of 249 online and emailed responses to the consultation from a wide variety of interested stakeholders and the public. 

You can read the Government’s response to the consultation in full on the GOV.UK webpage.

We would like to thank all those who responded to the consultation, as well as college leaders and sector experts who have worked with us to co-design our proposals since 2021. 

We asked for views on proposed updates to the early years funding formulae and reforms to maintained nursery school supplementary funding.

The majority of respondents agreed with almost all of the proposals set out in the consultation.

We have therefore updated the datasets in line with our proposals – with a couple of minor exceptions, and made the technical amendments. The revised formulae have been used to determine the early years entitlements hourly funding rates for 2023-24.

We asked for views on the following proposals:

• changing the current statutory minimum staff:child ratios in England for 2-year-olds from 1:4 to 1:5
• making the Early Years Foundation Stage statutory framework (EYFS) explicit that childminders can care for more than the specified maximum of three children under the age of 5 if they are caring for siblings of children they already care for, or if the childminder is caring for their own baby or child
• making the EYFS explicit that “adequate supervision” while children are eating means that children must be in sight and hearing of an adult.

A small number of respondents agreed with the proposals to reform 2-year-old and childminder ratios, whilst most respondents disagreed with the proposals. This was a consistent finding across all of the different types of respondents, such as parents, group-based providers and organisations representing the sector. The Government recognises that although most respondents to the consultation disagreed with the proposal on 2-year-old ratios, there was agreement from a number of respondents. This corresponds with evidence gathered via the Natcen survey, which demonstrated that 19% of all group settings (those with and without 2-year-olds) would be likely or very likely to make changes to 2-year-old ratios.

Regarding changing the EYFS wording to clarify that childminders can make exceptions to the statutory minimum ratios for their own children and siblings of children in their care, the majority of consultation respondents disagreed with proposals, although there were some positive responses. These clarifications are intended to support childminders with greater flexibility around the choice of provision they can offer. By clarifying this wording, we intend to support childminders who may care for siblings as well as babies. We recognise that not all childminders may enact this change, but given the small number that have indicated they would find this change beneficial, Government has concluded that this change will be worthwhile.

Regarding supervision whilst eating, we heard from a number of respondents and a substantial majority agreed with the proposal. When asked about their views, people commonly referred to safety reasons for children, such as spotting choking incidents or allergic reactions. A minority of respondents disagreed.

You can read the Government’s response to the consultation in full on the Childcare: regulatory changes - GOV.UK (www.gov.uk) webpage.

Based on these results, the department has decided to proceed with all proposals to amend 2-year-old ratios from 1:4 to 1:5, and to amend EYFS wording around exceptions to childminder ratios. The proposed changes to ratios will continue to be a statutory minimum requirement for settings, and there will be no obligation on providers to operate at the statutory minimums – i.e. providers can continue to work to tighter ratios if they decide that is best for the children and staff at their setting.

Government has also agreed to proceed with the proposal to amend wording around supervision whilst eating to ensure children are within sight and hearing whilst eating. 

The changes outlined in this document are part of a wider package of investment in the childcare sector announced on 15 March, to support more parents into work. Alongside the substantial investment in the existing free childcare hours offers, these new staffing flexibilities for providers are a sensible and proportionate step, alongside government’s additional investment, which will help meet the demand among newly eligible parents for childcare support.