SETTING:. Durham County Council Early Education Entitlement Provider Agreement For Eligible 2 Year Olds and 3 & 4 Year Olds 2015-2016 Academic Year 1
1. PARTIES TO THE AGREEMENT This Agreement is made this 21 st July 2015 between I) Durham County Council, County Hall, Durham, DH1 5UJ ( the Council ) and II) ( the Setting ) 2. INTRODUCTION 2.1 Early Education Entitlement for eligible 2 year olds and all 3 and 4 year olds is at the heart of the Government s vision for all children to have access to high quality early years provision that helps them to reach their full potential. The Early Education Entitlement equates to 15 hours per week, over a minimum of 38 weeks of the year, with flexible access to meet parents needs. The Department for Education (DfE) recognise that a small number of providers (usually Independent Schools and possibly some FE College based nurseries) cannot provide 38 weeks of the Early Education Entitlement in a year. In such cases they will be eligible for funding but the amount provided will reflect the fact that fewer weeks/hours are provided. The term dates to be funded will be determined by the Council and be notified to all providers. 2.2 The Council has agreed to provide the Early Education Entitlement funding to the Setting, subject to the terms and conditions of this agreement. 2.3 Under this agreement the Early Education Entitlement funding will be made available to the Setting for the period commencing September 2015 July 2016 subject to the Early Education being delivered during the period. 3. CONDITIONS 3.1 Prior to the Council making payment of the Early Education Entitlement, the Setting must satisfy all of the following conditions ( the Conditions ): a) It must provide up to 570 hours of free flexible early years provision a year. b) It must guarantee parents the option of at least 3 x 5 hour or 5 x 3 hour sessions over a week; c) It must not impose on parents conditions of access to which they must agree in order to take-up their free hours e.g. parents must not be obliged to purchase additional hours or pay lunch time charges in order to secure free provision. Providers information packs to parents must make clear that there are no such conditions of access and that parents will have the option of supplying packed lunches for their children if they do not wish to pay the setting for lunches; d) It must not charge top up fees (the difference between what a provider would normally charge and the funding they receive from the local authority to deliver the Early Education Entitlement) in relation to any free hours; 2
e) It must ensure that no other fees are being charged in relation to the Early Education Entitlement, i.e. for registration or uniform; f) It must ensure that parents are not required to pay up-front and be refunded at a later date, and if they want to access only their free place, they will be able to do so; g) It must have regard to the SEND Code of Practice 0-25yrs (2014) with particular reference to Chapter 5 Early Years Providers and appoint a setting based SENCO. The provider shall deliver inclusive services and operate an SEN policy in line with the SEND Code of Practice; h) It must not require a notice period to be served by parents wishing to cease accessing the Early Education Entitlement; i) It must agree to the Council, including Families Information Service, making information available to parents looking for Early Education Nursery places, via the internet, telephone and through printed materials. j) The Council, over time, develops and implements initiatives to support quality, access, equality and inclusion in all early education settings. The Setting will endeavour to implement initiatives promoted as quality practice, and take advantage of training and other support offered by the Council to develop quality in early year s settings. 3.2 The Setting agrees to notify the Council in writing immediately if it ceases to be in compliance with any of the Conditions at any time. 3.3 The Setting agrees to notify the Council in writing immediately if they are subject to an inadequate judgement from OFSTED, or in the case of two year old funding the judgement is inadequate or requires improvement. 4. MAKING A CLAIM FINANCIAL REQUIREMENTS 4.1 To make a claim for payment of the Early Education Entitlement, the Setting must provide a written request to the Council (A Headcount Claim Form or an Adjustment Form). Headcount Claim Forms must be completed and submitted to the Council on the day determined by the Council. 4.2 The Council will review the Payment Request and accompanying evidence. If it is satisfied that, based on the evidence provided, the Setting meets the Conditions, then it will pay the Early Education Entitlement to the setting. Settings will normally receive advance payments at the beginning of a term based upon the Council s estimate of 75% of that term s funding. A balance payment will be issued once a Headcount Claim Form is provided and validated. Overpayments will normally be recovered by adjusting a future County Council payment to a provider, thus avoiding the need for invoices to be raised. 4.3 It is essential that all Settings obtain a signed declaration form (supplied by the Council), each term, from each parent/carer to establish whether a child is accessing the Early Education Entitlement at more than one provider. Neither parents nor providers are in a position to determine how funding for the Early Education will be split between two providers. This is a matter for the Council. 3
4.4 Settings must inform the Council immediately a child ceases to attend to receive the Early Education Entitlement or if there is a change in hours delivered or a change in circumstances e.g. a child commences at another provider and funding needs to be split. 4.5 There will be no eligibility for funding during periods of children s absences for holiday or sickness unless the child has already received some of the Early Education funding in the term in question both before and after the absence. Providers must make the Council aware of all such instances. 4.6 Settings must submit supplementary claims immediately if new children commence after a Headcount Claim Form has been submitted. As soon as the claims are validated a supplementary payment will be provided. 4.7 Each year there is a January Pupil Census (on the third Thursday in January) carried out with all providers by the DfE. It is essential that all providers complete this census on the third Thursday in January as this information determines the resources allocated by the DfE to the Council. This census must be submitted to the Council on census day. Any failure to do so could result in a loss of funding for the Council and in such case the Council may determine that a provider not providing the information on time will no longer receive funding. 4.8 If the Council is not satisfied that the Setting has met these requirements, it may request further evidence from the Setting, and is not obliged to make any payment to the Setting until the requirements are met to its satisfaction. 4.9 The Council reserves the right to withdraw funding from those settings deemed inadequate by OFSTED, or in the case of two year old funding, those settings deemed inadequate or to require improvement. 5. MONITORING 5.1 The Setting must maintain such records as are necessary to demonstrate that the Financial Requirements have been applied and the Conditions are being maintained throughout the period commencing on the date on which the Payment Request is received by the Council and ending on the third anniversary of that date. The Setting must make these records available to the Council at such times as the Council may reasonably require. Failure to do so could result in funding being recovered from the Setting. 4
5.2 In addition to the records required under clause 5.1, the Setting must compile, maintain and supply to the Council such information as the Council may specify it requires to enable the Council to submit to the Government any information or data required by it. In specifying the information to be compiled and maintained for this purpose the Council will have regard to any directions or guidance which the Government may issue relating to the form and extent of such information. The Setting must also take part in any evaluation procedure set up by the Government to assess the outputs and outcomes of the Recruitment & Quality Premium Scheme. 5.3 The Council reserves the right to withhold payment of any Early Education funding if there is any risk of a provider closing at short notice. In such circumstances the Council may determine that it is more appropriate to make payments monthly in arrears. 5.4 The Council will carry out reviews of the Setting s compliance with the terms of this Agreement (and in particular its compliance with the Financial Requirements) at such times as deemed by the Council to be necessary. These reviews will be carried out in such manner as the Council sees fit, and may include an officer of the Council attending the Setting s premises and/or an officer of the Council meeting with the manager of the Setting. The Setting confirms that it will allow access to its premises and/or attend such meetings (as relevant), provided that these are at reasonable times and the Council has given reasonable notice to the Setting. 6. REPAYMENT OF FUNDING 6.1 The Council can withhold any part of the Early Education funding not paid to the Setting and/or require the repayment of all or any part of the Early Education funding already paid to the Setting if at any time during the funded period any of the following occurs: a) the Setting is not in compliance with one or more of the Conditions; b) the Setting fails to comply with the Financial Requirements; c) the Setting is in breach of any aspect of the DfE Code of Practice for delivery of the Free Early Years Provision for eligible two year olds and all three and four year olds; d) the Setting is in breach of any term of this Agreement (apart from Conditions or the Financial Requirements) and such breach is not remedied within one month of the Council giving the Setting written notice of this breach; e) (If the Setting is a corporate body) the Setting has a receiver, administrator or liquidator appointed over it, it makes a composition or arrangement for the benefit of its creditors, or it winds itself up; f) (if the Setting is an individual) the Setting is declared bankrupt, or a bankruptcy petition is filed against it at court, or it takes any steps to make itself bankrupt or it attempts to make a composition or arrangement for the benefit of its creditors; g) the Setting ceases to carry on its business as a childcare provider; h) any registration which the Setting must maintain or accreditation which it must hold to operate as a childcare provider in accordance with the Conditions is withdrawn; 5
7. NOTICES i) the Setting or any of its employees commits or causes the commission of a criminal offence in the course of its operation as a childcare provider (except for any minor traffic offence); or j) In relation to any contract with the Council, the Setting or any person employed by the Setting or acting on its behalf, commits an offence under the Prevention of Corruption Acts 1889-1916 or shall have given any fee or reward the receipt of which is an offence under clause 117(2) of the Local Government Act 1972. k) The Council will consider the withdrawal of funding where a provider is not demonstrating an agreed commitment to quality improvement as defined in the setting focused improvement plan / action plan 7.1 Any notice or other communication under this Agreement must be in writing, sent by post, personal delivery, email or fax. Any notice to the Council should be addressed to Aynsley Merritt, School Funding Team, Resources, County Hall, Durham, DH1 5UE or such other person as the Council may notify to the Setting in writing. Any notice to the Setting should be addressed to:- (please insert name), or such other person as the Setting may notify to the Council in writing. 7.2 All notices and communications shall be deemed to have been served: 8. WAIVER a) if posted by first class post, 48 hours after the date when posted; b) if posted by second class post, 7 days after the date when posted; c) if personally delivered, on the date of delivery; or d) if sent by email when the email is transmitted and received successfully; or e) if sent by fax, when a transmission report is generated confirming that the fax has been transmitted in full. 8.1 If the Council fails to exercise or delays in exercising any right or remedy to which it is entitled under this Agreement or at law then this shall not constitute a waiver of any such right or remedy. 9. STATUTORY PROVISIONS 10 LAW 9.1 Pursuant to the Contracts (Rights of Third Parties) Act 1999 section 1 (2) (a) the parties intend that no term of this Agreement may be enforced by any person who is not a party to this Agreement. 10.1 This Agreement will be governed by and construed according to the laws of England and Wales. 6
IN WITNESS whereof the parties hereto have executed this Agreement upon the dates set out below. Signed by an Authorised Officer Durham County Council Witness (Durham County Council) Signed (on behalf of the setting) Witness (setting) Name of Setting:- Current Ofsted Judgement:- Ofsted Judgement :- Ofsted URN:- 7