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Statutory Framework for EYFS: welfare requirements


This section sets out the welfare requirements that all early years providers must meet, regardless of type, size or funding of the setting. The Practice Guidance for the Early Years Foundation Stage and supporting resources provide information and advice designed to help practitioners meet these legal requirements in a way that reflects the needs of the individual children in their care and is appropriate to their setting.

Children learn best when they are healthy, safe and secure, when their individual needs are met and when they have positive relationships with the adults caring for them. The welfare requirements are designed to support providers in creating settings which are welcoming, safe and stimulating, and where children are able to enjoy learning through play, to grow in confidence and to fulfil their potential.

The following pages list the general legal requirements and provide expanded grids with more detailed specific legal requirements. Both the general and specific legal requirements have the force of regulations and therefore must be complied with by all early years providers. The grids also contain statutory guidance which providers must have regard to and take into account when seeking to fulfil the general and specific requirements. Where Ofsted considers that a provider has failed to comply with any of the welfare requirements, they may give notice to the provider setting out (i) in what respect the provider has failed to comply with the requirements (ii) what action the provider should take to comply, and (iii) the period within which the provider should take that action. It is an offence for a provider to fail to comply with such a notice.

It is an offence to fail to comply with certain of the welfare requirements. It is an offence for a registered provider to fail to notify Ofsted of certain events, which are set out in the relevant welfare requirements, and also in the Schedule to the welfare regulations. It is also an offence for a provider to give corporal punishment to a child, as set out under behaviour management on page 28 in the Statutory Framework for the Early Years Foundation Stage.

In this section

  • Statutory Framework for EYFS: welfare requirements