Early Years Free Entitlement (EYFE) provider agreement 2026

1.1 

This Agreement is made between Brighton & Hove City Council (“BHCC”) and the Provider (the “Provider”) named in the Annual Core Offer form for the provision of the Early Years Free Entitlement (“EYFE”). The terms and responsibilities outlined in this document shall be binding upon both parties. 

1.2 

The Agreement between BHCC and the Provider consists of these Terms and Conditions and the Annual Core Offer – Providing the Early Years Free Entitlement (EYFE) (the “Annual Core Offer form”) as submitted by a new Provider and subsequently submitted by existing providers and as agreed in writing by BHCC. 

1.3 

This Agreement is based on the Department for Education’s (“DfE”) Model agreement template: free early years provision and childcare as amended from time to time. 

1.4 

By submitting and signing the Annual Core Offer form, as outlined in this Agreement, the Provider agrees to abide by these terms and conditions and to provide EYFE as set out in their Annual Core Offer form as a condition of receiving EYFE funding from BHCC. 

1.5 

If the Annual Core Offer form is not signed and returned to BHCC, then there is no binding agreement that requires BHCC to fund the Provider for the provision of EYFE.

2.1 

Key Brighton & Hove City Council (BHCC) must secure an EYFE place for every eligible child in its area with no mandatory charges for parents. 

2.2 

BHCC will work in partnership with providers to agree how to deliver places. 

2.3 

BHCC will be clear about its role and the support on offer locally to meet the needs of children with special educational needs and disabilities (SEND) as well as its expectations of providers. 

2.4 

BHCC will contribute to the safeguarding and promote the welfare of children and young people in its area. 

2.5 

The following frameworks, legislation and statutory guidance underpin the responsibilities, rights and obligations as set out in this agreement: 

• Early education and childcare statutory guidance
• Childcare Act 2006
• Early years entitlements: local authority funding operational guide 2026 to 2027
• Childcare Act 2016
• The Local Authority (Duty to Secure Early Years Provision Free of Charge) (Amendment) Regulations 2014
• The Childcare (Free of Charge for Working Parents) (England) Regulations 2022
• Early years foundation stage (EYFS) statutory framework
• Special educational needs and disability, code of practice: 0 to 25 years
• Data Protection Act 2018
• Equality Act 2010
• School Admissions Code 2021
• Children Act 1989
• Children Act 2004
• Working Together to Safeguard Children 2026: statutory guidance. 

2.6 

The Provider will not be funded for providing EYFE unless the Annual Core Offer form and supporting documentation has been submitted, by the Provider and agreed in writing by BHCC. Before agreeing to the Provider’s Annual Core Offer, BHCC will check that the details on the Annual Core Offer form comply with this Agreement. Where any issues relating to the Provider’s submitted Annual Core Offer form arise, BHCC will raise such issues with the Provider and afford the Provider an opportunity to resolve them, before agreeing to fund the Provider to offer EYFE. 

2.7 

Supporting documents and information which the Provider must submit as part of their Annual Core Offer form include: 

• sample invoice for parents (if applicable)
• EYFE session times as published for parents
• information on additional voluntary charges for consumables, additional hours and services
• information on notice periods as published for parents
• information on refundable deposits
• a link to where the above documents can be found on the Provider’s website
• safeguarding policy; (new providers only)
• SEND (or inclusion) policy (new providers only)

2.8 

This Agreement commences on the date that BHCC formally notifies the Provider in writing that their Annual Core Offer and supporting documentation (with any changes as agreed) has been accepted. For avoidance of doubt and except in exceptional circumstances, BHCC will not be liable for and will not fund any EYFE provision prior to the date of this approval. It is therefore in the Provider’s interest to ensure that the Annual Core Offer is and remains compliant with the requirements of this Agreement. 

2.9 

This Agreement sets out the requirements and conditions under which BHCC will fund the Provider to deliver EYFE in accordance with the frameworks, legislation and statutory guidance set out in clause 2.5. Except where otherwise indicated in this Agreement, the Provider is solely and exclusively responsible for delivering EYFE and for compliance with all relevant legislation, statutory guidance and regulations including meeting its obligations and conditions relating to Ofsted registration. The Provider is responsible for obtaining any necessary consents or approvals and meeting the required standards to deliver EYFE. 

2.10 

This Agreement does not create any legal partnership or joint venture between BHCC and the Provider, nor any relationship of principal and agent, nor authorise the Provider to make or enter into any commitments for or on behalf of BHCC. The Provider shall not hold itself out in any manner as legal partner, agent or otherwise authorised to represent BHCC. 

2.11 

BHCC to the fullest extent of the law, accepts no liability for any consequences, whether direct or indirect, arising or resulting from the Provider in its provision of EYFE, the use of EYFE funding or from the suspension, termination or withdrawal of the funding under clause 15 of this Agreement. The Provider is responsible and must indemnify and hold harmless BHCC against all claims, demands, actions, costs, expenses, losses and damages arising in law or otherwise relating to the Provider’s delivery of EYFE. BHCC’s liability under this Agreement is limited to the payment of EYFE funding in accordance with the terms of this Agreement. 

2.12 

Other general legal conditions of this Agreement are set out in the Annex (Standard Council Legal Terms) as attached.

3.1 

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

3.2 

The Provider must deliver EYFE consistently to all parents, whether in receipt of 15 or 30 hours EYFE and regardless of whether they opt to pay for optional services or consumables. This means those children accessing EYFE should receive the same quality and access to provision as defined in A1.34 and A1.36 of the Early education and childcare statutory guidance. The Provider must be clear and communicate to parents details about the days and times that they offer EYFE, along with their optional services and charges. 

3.3 

The Provider must follow the Early years foundation stage (EYFS) statutory framework (EYFS) and have clear safeguarding policies and procedures in place that link to BHCC’s guidance for recognising, responding, reporting and recording suspected or actual abuse. 

3.4 

The Provider must have arrangements in place to support children with SEND. These arrangements must include a clear approach to identifying and responding to SEND. The Provider must utilise the SEN Inclusion Fund (SENIF) and Disability Access Fund (DAF) to deliver effective support, while making information available about their SEND offer to parents.

3.5 

The Provider must comply with all relevant legislation, guidance and regulations, including additional government guidance issued in relation to specific circumstances, including but not limited to those provisions set out in this Agreement.

4.1 

BHCC has overarching responsibility for safeguarding and promoting the welfare of all children and young people in its area. It has a number of statutory functions under the 1989 and 2004 Children Acts which make this clear, and the Working together to safeguard children statutory guidance sets these out in detail. 

4.2 

The Provider must follow the Early Years Foundation Stage (EYFS) statutory framework and have clear safeguarding policies and procedures in place that are in line with local guidance and procedures for responding to and reporting suspected or actual abuse and neglect. A lead practitioner must take responsibility for safeguarding and all staff must have training to identify signs of abuse and neglect. The Provider must have regard to Working together to safeguard children statutory guidance. 

4.3 

The Provider is required to engage fully with local safeguarding partnerships. 

4.4 

If a professional working with a child has concerns regarding the child’s or the child’s family’s well-being, they must refer their concerns to Front Door for Families (or such other telephone number as notified to the Provider) or complete the online form without delay. 

4.5 

The Provider must ensure that their safeguarding policy is comprehensive, up-to-date and complies with all relevant legislation and codes of practice, including Working together to safeguard children statutory guidance and guidance from the Brighton & Hove Safeguarding Children Partnership. The Provider’s safeguarding policy must be available to parents on the Provider’s website where the Provider has one and otherwise notified to parents in its manuals and any onboarding information for parents. 

4.6 

The Provider must complete a safeguarding audit alongside the Annual Core Offer form prior to BHCC agreeing to fund EYFE.

5.1 

BHCC will plan support for children with SEND to meet the needs of all children in its local area as explained in the Special educational needs and disability (SEND) code of practice: 0 to 25 years, and ensure that EYFE is delivered to children with SEND free of charge with no mandatory additional costs attached to their EYFE hours. 

5.2 

BHCC will be clear and transparent about the support on offer in the area, through our Local Offer, so that parents and providers can access that support. 

5.3 

The Provider must be aware of the requirement on them to have regard to the Special educational needs and disability (SEND) code of practice: 0 to 25 years, and duties under the Equality Act 2010, and the Early years foundation stage (EYFS) statutory framework in order to meet the needs of children with SEND. This includes removing barriers that prevent children accessing early education and childcare and working with parents to give each child support to fulfil their potential. 

5.4 

The Provider is not permitted to charge parents of children with SEND for additional support costs as part of their EYFE hours or as a condition of accessing an EYFE place. 

5.5 

The Provider may be eligible for additional funding to provide suitable support for children identified as needing adaptation or personalisation to the curriculum to make good progress, on a case by case basis. This includes the SENIF, also known as Additional Support Funding (ASF). 

5.6 

The Provider must check eligibility and use this funding to help them deliver support to these children. The Provider may be required to provide evidence of how this funding has been used to support children in their setting. Children in receipt of EYFE will be eligible for DAF if the child is eligible for Disability Living Allowance (DLA) or has an Education, Health and Care Plan (EHCP). 

5.7 

The Provider must collect information from parents about their child’s eligibility for DLA and therefore DAF on the EYFE Parental Declaration Form. The DAF is a one-off annual payment for eligible children to help them access their EYFE. If a child changes setting during the academic year the DAF will remain with the original setting. 

5.8 

If a child eligible for DAF attends more than one setting, BHCC will ask the parent to choose which setting should receive the DAF payment. 

5.9 

The Provider can request support to enable children with SEND to access their EYFE and any additional funding they are eligible for, through the Brighton & Hove Inclusion Support Services (BHISS) early years team. 

5.10 

The Provider must be clear and transparent about the SEND support on offer at their setting and make information available about their offer to support parents to choose the right setting for their child with SEND. BHCC’s Local Offer details support for children with SEND who live in Brighton & Hove and how parents can access support.

6.1 

BHCC will promote equality and inclusion, particularly for disadvantaged families, including looked after children and children in need, by removing barriers of access to EYFE places and working with parents to give each child support to fulfil their potential. 

6.2 

The Provider must ensure that they have identified the relevant children in their setting as part of the process for checking Early Years Pupil Premium (EYPP) eligibility. The Provider must also use EYPP and any locally available funding streams or support to improve outcomes for these children. 

6.3 

Where households meet the eligibility criteria for both two-year-old entitlements, they must be recorded as taking up 15 hours through early learning for two-year-olds and then 15 hours of the working parent entitlement. They will need to reconfirm eligibility every three months for the working parent entitlement. 

6.4 

The Provider must ensure that they act in accordance with the Equality Act 2010 which outlaws discrimination, harassment and victimisation. The Act applies to a number of protected characteristics including sex, race, disability, religion or belief and sexual orientation. In order to assist BHCC to meet its public sector duty, the Provider must ensure that parents complete equalities monitoring information as requested by BHCC. 

6.5 

Support for English as an additional language is available as assessed by the English as an Additional Language and Traveller Service (EALTS) depending on the child’s needs. The Provider must work with EALTS to ensure that the child’s needs are met.

7.1 

The Early years foundation stage (EYFS) statutory framework is mandatory for all schools that provide early years education and early years providers registered with Ofsted or with an Ofsted-registered Childminder Agency in England. The Early Years Foundation Stage (EYFS) statutory framework sets the standards that early years providers must meet to ensure that children learn and develop well and are kept healthy and safe. 

7.2 

BHCC will only rely on the Ofsted (or an independent inspectorate where relevant) inspection outcome of the Provider or the childminder agency, or the childminder agency’s reasonable opinion of the childminder, as the sole benchmarks of quality, as set out in paragraph A3.12 of the Early education and childcare statutory guidance when securing quality for EYFE. 

7.3 

BHCC has a legal duty to secure information, advice and training as set out in D.1 of the Early education and childcare statutory guidance, for providers that meet the criteria set out in D.2. However, BHCC will only require providers to undertake training or quality improvement programme when the setting has received an Ofsted inspection judgement of the specified grades as set out in paragraph A4.15 of the Early education and childcare statutory guidance. 

7.4 

BHCC will offer information, advice and training to the Provider should they receive the specified grades as set out in paragraphs A3.2 and A3.3 of the Early education and childcare statutory guidance. 

7.5 

BHCC may continue to fund EYFE if the Provider does not meet the quality standards set out in A3.2 and A3.3 of the Early education and childcare statutory guidance. This will be the case if it is clear that the Provider has put in place a post-inspection action plan approved by BHCC detailing how they will address concerns raised in the relevant sections of the Ofsted report. This plan must be given to BHCC within one month of publication of the Ofsted report. 

7.6 

If the Provider does not work with BHCC or provide the requisite information as set out in this Agreement, EYFE funding may be suspended. The date of suspension of EYFE funding will take into account sufficient alternative early years provision and continuity of care for children. 

7.7 

If the Provider receives a second consecutive judgement from Ofsted with the specified grades BHCC will suspend EYFE funding, taking into account sufficient alternative provision and continuity of care for children. 

7.8 

Where Ofsted publishes an inspection report for the Provider with any of the specified grades that require BHCC to take action under this Agreement, BHCC will not fund any new children commencing EYFE at the Provider’s setting from the date of publication of that report. This restriction shall remain in place until Ofsted publishes a subsequent inspection report for the Provider in which the specified grades are no longer present. For the avoidance of doubt, existing children who were in receipt of EYFE funding prior to the publication of the Ofsted judgement with the specified grades, may continue to receive EYFE funding unless and until BHCC suspends or terminates funding under the provisions of this Agreement. 

7.9 

Provision must be offered in accordance with the national parameters on quality as set out in Section A3 of the Early education and childcare statutory guidance and the Early years foundation stage (EYFS) statutory framework.

8.1 

The Provider must check original copies of documentation to confirm the parent meets the eligibility criteria (where relevant) and that the child has reached the relevant age before the child starts their place for EYFE. The Provider must retain paper or digital copies of documentation to enable BHCC to carry out audits and fraud investigations and to enable the Provider to support these processes more efficiently. 

8.2 

Where the Provider retains a copy of documentation this must be stored securely and deleted when there is no longer a good reason to keep the data. 

8.3 

DfE have produced a privacy notice template for providers to give to parents to explain how their information will be used. The Provider may use this and amend it as appropriate to its provision. 

8.4 

BHCC’s privacy notice is in Appendix 1.

Universal EYFE for 3 and 4 year olds

8.5 

All 3 and 4 year old children are eligible for 15 EYFE hours a week for 38 weeks of the year. Children may stretch their entitlement over more than 38 weeks and up to 52 weeks of the year. This means children taking fewer hours per week, subject to a maximum of 570 hours a year.  

8.6 

Children are eligible for EYFE until they reach compulsory school age (the beginning of the term following their fifth birthday). 

8.7 

All 3 and 4 year old children living in England are entitled to the universal EYFE, including those moving to England from another country who can access their EYFE on the same basis as any other 3 and 4 year old child in England. 

8.8 

Three year old children can start their universal EYFE from the term after their third birthday. Find the eligible birthday dates.

Early learning for 2 year olds

8.9 

A child will be entitled to EYFE from the term after both of the following conditions are satisfied: 

• the child has attained the age of 2; and
• the child or parent meets the eligibility criteria as set out in Part E: legal annex and other relevant information to the Early education and childcare statutory guidance

8.14 

Children may stretch their EYFE over more than 38 weeks and up to 52 weeks of the year. This means them taking fewer hours per week, subject to a maximum of 570 hours a year. 

8.15 

Children eligible for early learning for 2 year olds can start their EYFE from the term after their second birthday. Find the eligible birthday dates.

8.16 

Parents should be directed to Early learning for 2 year olds to check eligibility and to apply to BHCC from the beginning of the term during which their child turns two years old. 

8.17 

BHCC will send eligible parents a letter confirming their eligibility with a unique reference number (their E number). The date indicated on the eligibility letter is the date from which the child can start their EYFE. The Provider must obtain a copy of this letter from the parent and retain a copy for their records. 

8.18 

Children eligible for early learning for 2 year olds are eligible from the date indicated on the eligibility letter. If the child is already attending the early years setting prior to the parent receiving their eligibility letter, the EYFE payment to the Provider will not be backdated by BHCC. The Provider must make it clear to parents that they are liable for any fees until the start date on their eligibility letter from BHCC. 

8.19 

The Provider must offer places to children eligible for early learning for 2 year olds on the understanding that the child remains eligible until they become eligible for the universal EYFE for 3 and 4 year olds, even if the child or parent ceases to meet the eligibility criteria during this time. 

8.20 

The Provider may be aware of some families who meet the criteria for both free early learning for 2 year olds and the working parent entitlement. Families should be encouraged to apply locally through BHCC for early learning for 2 year olds scheme in the first instance. The benefits of this include: no termly deadlines, a possible immediate start to their EYFE place once eligibility has been confirmed, and ongoing eligibility even if circumstances change. 

8.21 

Where parents meet the eligibility criteria for both early learning for 2 year olds and the working parent entitlement the first 15 hours will be funded under the early learning for two year olds scheme and the next 15 hours under the working parent entitlement. Working Parent Entitlements 

8.22 

A child is eligible for the entitlement for eligible working parents provided the eligibility criteria set out in Part E: legal annex and other relevant information to the Early education and childcare statutory guidance are met. Entitlements and information showing how parents can check and apply are available on the government’s online Best Start in Life website which the Provider should use to guide parents. Information can also be found on the BHCC webpage Childcare and childcare support. 

8.23 

Parents must apply for the working parent entitlements through the government’s online free childcare for working parents site. Eligibility is determined by HMRC. The only exception is children in foster care. 

8.24 

The child will need to attain the relevant age as set out in the table below and have a positive determination of eligibility from HMRC. 

8.25 

From the effective date as set out in our EYFE section, a child will be entitled to the specified EYFE, the term after both of the following conditions are satisfied;

• the child has attained the relevant age
• the child’s parent has a current positive determination of eligibility from HMRC such as a valid eligibility code

8.26 

Alongside the unique 11 digit HMRC eligibility code and original copies of documentation, the Provider must obtain written consent from or on behalf of the parent to be able to receive confirmation and future notifications from BHCC of the validity of the parent’s eligibility code. 

8.27 

Once the Provider has received written consent from the parent, they must verify the eligibility code in the eligibility checker in their online provider portal. This will confirm the validity (or otherwise) of codes to allow providers to offer EYFE places for eligible children aged 9 months and above. 

8.28 

If a parent has a child who will be 3 before the start of the following term but forgets to apply, they will have to wait until the start of the next term to claim their working parent entitlement. BHCC cannot backdate funding claims where a parent has not applied for their code in time. 

8.29 

Children in foster care who have attained the relevant age are also eligible for the working parent entitlements provided the foster carer is in paid work outside their fostering role, does not expect their adjusted net income to exceed £100,000 and BHCC confirms it is satisfied that the foster parent engaging in paid work is consistent with the child’s care plan. The foster parent does not have to meet the minimum income requirement, which is currently the equivalent of 16 hours at the national minimum wage. Find more information about free childcare for eligible working parents for children aged from 9 months and above in foster care and on the Brighton & Hove Childcare Directory. 

8.30 

BHCC will also check, via the Eligibility Checking Engine, whether codes given to BHCC providers have been checked by other local authorities and liaise to reduce the risk of a parent accessing more than the maximum entitlement per year. 

8.31 

The relevant dates (in relation to the age criterion) are that children become eligible on 1 April, 1 September or 1 January following their attaining the age of 9 months.

8.32 

Thereafter, BHCC will complete audit checks to review the validity of eligibility codes for children who qualify for the working parent entitlement at six fixed points in the year as set out in A1.24 of the Early education and childcare statutory guidance. BHCC will notify the Provider where a parent has fallen out of eligibility and inform them of the grace period end date. The Provider can view this information in their provider portal and can check, at any time, the validity of any code. 

8.33 

The Provider must validate eligibility codes as quickly as possible, to ensure that each child who takes up a place is eligible to do so and to provide certainty to the parent and the Provider. 

The grace period 

8.34 

A child will enter the grace period when the child’s parents cease to meet the eligibility criteria set out in The Childcare (Free of Charge for Working Parents) (England) Regulations 2022 as determined by HMRC (or where the child is in foster care, the responsible local authority). 

8.35 

BHCC will notify the Provider where a parent has fallen out of eligibility and inform them of the grace period end date (dates set out in A1.24 of the Early education and childcare statutory guidance). It is good practice for the Provider to notify parents within five working days if they have fallen out of eligibility. 

8.36 

BHCC will continue to fund a place for a child who enters the grace period as set out in Early education and childcare statutory guidance. 

8.37 

Children must not start a new working parent entitlement place at a setting during their grace period. This includes where a parent falls into their grace period before the child has a place and where a parent falls into their grace period while their child is in a place and the parent seeks to move the child to a different provider. 

8.38 

There are exceptional circumstances (for example, the Provider closes its setting or receives an Ofsted inspection judgement of the specified grades and BHCC suspends or terminates funding or the parent moves home as a result of domestic abuse or other emergency situation) where a child may be able to change providers during their grace period. BHCC may (but shall not be obliged) in those exceptional circumstances exercise its discretion by providing confirmation in a letter to the parent that they may change provider during the grace period which should be presented to the chosen new provider. 

8.39

If a 3 or 4 year old ceases to be eligible for the working parent entitlement and the grace period has expired, they can continue to take up their 15 hour universal entitlement. If the parent has been taking up EYFE hours at more than one setting, BHCC will continue to fund 15 hours at the provider setting of the parent’s choice. 

8.40 

If a 2 year old ceases to be eligible for the working parent entitlement, the Provider should encourage the parent to check for eligibility for early learning for 2c year olds. 

Eligibility and application information for families 

8.41 

The Provider should share with the child’s parents the following information and links with families about EYFE and other forms of childcare support:

• Best Start in Life
• Childcare and childcare funding
• Childcare Directory

9.1 

Provision must be offered within the national parameters on flexibility as set out in paragraph A2.4 of the Early education and childcare statutory guidance. 

9.2 

The Provider must work with BHCC to support it to secure sufficient stretched and flexible places to meet parental demand in Brighton & Hove and share information about the times and days/periods at which they are able to offer EYFE. 

9.3 

The Provider must offer flexible EYFE packages subject to the following standards which will enable children to access regular, high quality provision, while maximising flexibility for parents and ensuring a degree of stability for the Provider: 

• no session to be longer than 10 hours
• no minimum session length (subject to the requirements of registration on the Ofsted Early Years Register)
• no session before 6am or after 8pm; and
• a maximum of 2sites in a single day. 

9.4 

The Provider must ensure that children are able to take up their EYFE in continuous blocks if they wish to, and that there must be no artificial breaks in the EYFE hours for example, over the lunch period; the Provider must not offer 10am to 12 noon and 1pm to 3pm) as EYFE and offer only private paid hours in between. 

9.5 

Where a child accesses their EYFE with more than one provider or at more than one setting (either term-time or stretched or a mixture of both) funding must be claimed by each provider on a term-time basis and self-stretched if required. 

9.6 

The Provider must make parents aware of any notice periods if they wish to remove their child from their setting.

9.7 

The Provider must ensure that notice periods are reasonable for parents if they wish to withdraw their child from EYFE. A reasonable notice period in respect of EYFE places is not more than one month. 

9.8 

The Provider should work with BHCC to ensure that their record on the Brighton & Hove Childcare Directory and/or their website includes information on their offer so that parents can make an informed choice of provider, including the Provider’s admissions criteria, as set out in paragraphs A1.39 and A1.40 of the Early education and childcare statutory guidance. Information about their offer must be made available to parents upon enquiring about provision in their setting and before parents commit to accessing provision at their setting.

10.1 

Partnerships will be supported by BHCC on 4 levels between:

• BHCC and providers
• the Provider working with other providers, including childminders, schools and organisations
• the Provider and parents
• BHCC and parents

10.2 

BHCC will promote partnership working between different types of providers, including childminders, across all sectors and encourage more providers to offer flexible provision, alongside other providers. 

10.3 

The Provider must work in partnership with parents, carers and other providers to improve provision and outcomes for children in their setting. 

10.4 

The Provider should discuss and work closely with parents to agree how a child’s overall care will work in practice when their EYFE is split across different providers, such as at a maintained setting and childminder, to ensure a smooth transition for the child.

11.1

Provision must be offered within the national criteria on charging practices set out in paragraphs A1.31 to A1.44 of the Early education and childcare statutory guidance.

Charging 

11.2 

The 15 or 30 hours EYFE must be accessible free of charge to all parents. There must not be any mandatory charges for parents in relation to EYFE. 

11.3 

The Provider can charge parents for the items and services listed in A1.32 of the Early education and childcare statutory guidance, provided that these charges are optional and are not a condition of accessing EYFE. These charges must be voluntary for the parent. 

11.4

The items and services listed in A1.32 include:

• consumables to be used by the child, such as nappies or sun cream
• meals and snacks consumed by the child
• extra optional activities such as events, celebrations, specialist tuition (for example music classes or foreign languages) or other activities that are not directly related or necessary for the effective delivery of the Early Years Foundation Stage (EYFS) statutory framework

11.5 

The Provider can also charge parents for any additional, private paid hours according to their usual terms and conditions provided taking up paid hours is not a condition of accessing EYFE. 

11.6 

The Provider is responsible for setting their own policy on providing parents with options for alternatives to additional charges. The Provider must make parents aware of what types of alternative arrangements are available for those parents who do not wish to purchase chargeable extras. 

11.7 

The Provider must be alert to the impact of charges on families particularly the most disadvantaged. Providers who choose to offer EYFE are responsible for setting a policy on providing parents with options for alternatives to additional charges. This policy must offer reasonable alternatives that allow parents to access EYFE without additional charges, including allowing parents to supply their own, or waiving the cost of these items. 

11.8 

The Provider must not charge for the items and services listed in paragraph A1.38 of the Early education and childcare statutory guidance. This includes non-refundable registration or retainer fees for any child only accessing their EYFE. 

11.9 

The items and services listed in A1.38 include:

• top-up fees (any difference between a provider’s normal charge to parents and the funding they receive from BHCC to deliver EYFE)
• the supply of or use of any materials, including but not limited to, craft materials, crayons, paper, books, instruments, toys or other equipment or learning resources that are necessary for the effective delivery of childcare
• business running costs, including, but not limited to, rent, mortgage payments, staff wages, cleaning materials, disposal of waste materials, insurance or utility bills such as electricity, gas or water
• non-refundable registration fees as a condition of taking up a child’s EYFE place
• non-refundable deposits as a condition of taking up a child’s EYFE place. The Provider may retain the deposit if the parent does not take up their EYFE place
• non-refundable retainer fees in relation to EYFE places
• additional support costs for children with SEND as part of their EYFE hours or as a condition of accessing their EYFE
• general charges, including but not limited to non-itemised enrichment charges, sustainability charges, business continuity charges, additional charges, enhanced ratios, hourly rates or any other supplementary charges on top of the EYFE hours
• any additional fees that are not specifically identified and itemised as being for chargeable extras as described in A1.32

11.10 

The Provider is permitted to charge a reasonable refundable deposit but this must be returned in full within one month of a child taking up an EYFE place. 

11.11 

Parents must be able to opt out of paying for chargeable extras and the associated consumable or activity for their child within a reasonable period of time from the initial opt out request. For activities and extra services, the Provider must make parents aware that they can choose whether or not to participate and whether they are willing to meet the charges. The Provider must ensure that parents who do not participate in optional activities continue to receive EYFE that complies with the Early Years Foundation Stage (EYFS) statutory framework. 

11.12 

Provision must continue to meet the standards of the Early Years Foundation Stage (EYFS) statutory framework whether or not the parent pays for optional extras as set out in paragraph A1.34 of the Early education and childcare statutory guidance. 

11.13 

In all cases chargeable extras must not be a condition of accessing EYFE. For example parents must not be declined EYFE because they opt out of chargeable extras. This is so that all parents, including disadvantaged families, have fair access to EYFE. BHCC will intervene (for example, by issuing a compliance notice, withholding or suspending EYFE payments, or requiring the Provider to amend its charging policy) if the Provider seeks to make additional hours, optional services or optional consumables a mandatory condition of accessing EYFE. 

11.14 

The Provider must deliver EYFE consistently so that all children within a setting accessing EYFE receive the same quality and access to provision regardless of whether they choose to pay for additional hours, optional extras, meals or consumables. 

Transparency 

11.15 

The Provider must publish their admissions criteria (such as what age groups the Provider takes, any priority for children with SEND or looked after children and both how and when to apply for a place).

11.16 

The Provider must ensure parents understand which hours/sessions can be taken as EYFE, what optional extras are available to them and the types of reasonable alternatives they have if they choose not to take up these extras. 

11.17 

The Provider and BHCC must work together to ensure that the Brighton & Hove Childcare Directory and/or the Provider’s website provides information for parents and prospective parents on the provision of childcare in their area. 

11.18 

The Provider must ensure that a parental declaration form is completed and signed by the parent and the Provider before the child first takes up their EYFE, which sets out clearly the days and times when the child will take up their EYFE. This will include any use of a stretched entitlement, as well as any charges for meals and consumables that the parent has opted to pay for. It will also include the number of additional privately paid hours and the fees for those private hours. This is to ensure that both parties have full clarity about the number of EYFE hours being used, and what additional extras and subsequent charges have been agreed. 

11.19 

The Provider must ensure that their invoices and receipts are clear, transparent and itemised, allowing parents to see that they have received their EYFE place completely free of charge and understand any charges they have paid for additional hours and consumables. The Provider will also ensure that receipts contain the Provider’s name, address and contact details so that they can be identified as coming from a specific provider for the purposes of audits and any payments made in relation to Universal Credit.

12.1 

The Provider is required to submit data to BHCC as requested. This includes but is not limited to, termly headcount information, census information, information as part of BHCC’s Childcare Sufficiency Assessment and any other data in relation to early years and childcare provision. 

12.2 

The Provider must submit termly headcount information regarding actual attendance to support payment and delivery of EYFE. Headcount dates can be found at The Early Years Free Entitlements (EYFE). 

12.3 

The Provider must make their termly headcount submission via the online provider portal following guidance from BHCC. The Provider should claim for eligible children attending during headcount week each term. 

12.4 

BHCC reports termly to the DfE regarding take up of EYFE. The Provider must submit timely and accurate headcount and census returns, as set out in the Provider’s portal guidance, including all required information about their setting. 

12.5 

The Provider must comply with all BHCC requirements and deadlines for information and data provision. Failure to do so may result in inaccurate, delayed or suspended EYFE funding. 

12.6 

The Provider must maintain accurate financial and non-financial records relating to EYFE provision and should give BHCC access to these upon reasonable notice.

13.1 

BHCC will use locally determined and transparent formulae to set the funding rates for all provider types and will consult providers and BHCC’s schools’ forum (as set out in the Early years entitlements: local authority funding operational guide 2026 to 2027) on proposed changes from the formulae from the previous financial year. 

13.2 

BHCC funds EYFE in accordance with the requirements and funding rates set out in Early years funding: 2026 to 2027 where the current national rates can be found as updated from time to time. 

13.3 

BHCC’s local funding formula can be found at The Early Years Free Entitlements (EYFE). 

13.4 

The Provider will be paid for provision of EYFE once their Annual Core Offer has been accepted by BHCC as outlined in this Agreement. 

13.5 

The Provider must ensure that parents complete and sign the EYFE Parental Declaration Form confirming the hours and sessions of EYFE their child has received. 

13.6 

BHCC will not pay EYFE for children who are ineligible for provision. 

13.7 

Information on EYFE rates is sent to providers by 28 February each year. The funding formula for 3 and 4 year olds includes a deprivation supplement for eligible children based on home postcode. 

13.8 

BHCC will issue each provider an indicative budget at the beginning of the financial year which broadly reflects anticipated participation. Individual budgets may be adjusted within the financial year to reflect participation based on estimated and actual (headcount) EYFE hours submitted by providers via the online provider portal. 

13.9 

Payment of EYFE funding by BHCC to providers is currently made in 2 instalments each term. Find information on how funding is paid.

13.10 

BHCC will recover any EYFE overpayments from the balance of any of the entitlements before making the balancing payment. Further EYFE payments will not be made until any overpayments have been offset or otherwise recovered. 

13.11

Where the Provider has an outstanding debt due to BHCC and is in a recovery position (such as, where the Provider has been overpaid in the previous period), for either EYFE or ASF payments, BHCC will inform the Provider as soon as possible as to how the outstanding debt will be recovered. 

13.12 

If BHCC is notified by its corporate collections team of the Provider’s continued outstanding debt relating to recovery of EYFE funding, any funding claims from the Provider will be suspended until the outstanding debt is cleared. 

13.13 

BHCC will amend the payments system to monthly with effect from 1 September 2026 and will amend its published payment dates, process, overpayment and debt recovery procedures accordingly. 

13.14 

BHCC will only pay funding for the working parent entitlements from the start of the term after both the following conditions are satisfied: 

• the child has attained the relevant age; and
• the child’s parent has a current positive verification of eligibility from HMRC such as a valid eligibility code. 

13.15 

If a 3 or 4 year old child is taking up their universal entitlement and a parent becomes eligible for the working parent entitlement part way through a term, the Provider can start claiming funding for the working parent entitlement hours the term following the date on which the parent received their verified code. 

13.16 

The Provider must use the online provider portal to provide BHCC with information regarding children’s attendance and EYFE hours and guidance on this which is sent to providers each term. 

13.17 

The Provider can only claim funding when the child attends its setting; EYFE will not be paid by BHCC for any notice periods if a child has left a setting. 

13.18 

BHCC may, at its sole discretion, suspend EYFE payments to the Provider where a potentially serious compliance issue appears relating to this Agreement and will follow the steps set out in the termination provisions of this Agreement. 

13.19 

The Provider must notify BHCC as soon as possible, via the online provider portal adjustments section, of any change to a child’s EYFE attendance, for example, a child joining, leaving or changing hours. 

13.20 

The Provider will receive adjustment funding for any EYFE change of attendance only where this has been notified to BHCC during the term in which the change of attendance takes place. 

13.21 

The Provider must notify BHCC, in writing, if a child is absent for more than three consecutive weeks. EYFE funding will not be terminated, if in BHCC’s opinion (whose decision shall be final), there is a legitimate reason for the child’s absence and they are expected to return to the setting. BHCC will consider each absence on a case by case basis. An example of a legitimate reason may be where a child is unwell and has been in hospital for a lengthy stay. An example of a non-legitimate reason would be where a child has been absent due to an extended holiday. 

13.22 

If a child’s attendance is poor, the Provider must keep a record of reasons for children’s absence (for example, a verbal or written statement from the parent or carer) which may be requested as part of the audit to support an EYFE claim. 

13.23 

In order to promote the principles and values of the Early Years Foundation Stage (EYFE) statutory framework, the Provider must have an attendance policy which supports parents and children to attend their EYFE sessions. Ofsted inspectors will consider the attendance of children for whom the Provider receives EYPP.

14.1 

Providers must deliver EYFE to all eligible children in accordance with the requirements set out in this Agreement and in compliance with all applicable statutory and non-statutory requirements. Non-statutory requirements may include, for example, the DfE’s guidance on sustainability leadership and climate action plans in education.

14.2 

The Provider must maintain all attendance and finance records for a period of 6 years from the date upon which the child left their setting. 

14.3 

BHCC will carry out provider compliance audits. Provider EYFE core offers are audited annually. Audits may also be undertaken in response to parental queries, headcount and census anomalies and/or on a regular schedule to check provider compliance. 

14.4 

BHCC will check the Provider’s website and invoices as part of the compliance process. 

14.5 

Documents that will be requested as part of the compliance audit can include but are not limited to: 

• completed, signed, and dated parent declaration forms
• attendance registers
• funding policy (including delivery model)
• admissions policy
• fee structure
• invoices (where any additional charges are made)
• documentation to prove the status of the Provider, for example registered charity, incorporate company, sole trader; and
• any other documents BHCC deems relevant for the provision of EYFE. 

14.6 

As part of any compliance audit, BHCC will check that EYFE funding claims have been submitted accurately and that they correspond with the parental declaration forms and the attendance registers. If discrepancies are identified, BHCC will investigate the differences and assess each case on its individual merits. This assessment will include consideration of how and why the discrepancy arose and whether it reflects a legitimate variation in the planned number of funded hours delivered. BHCC may request additional information where required to complete its assessment. 

14.7 

As set out in paragraph A4.32 of the Early education and childcare statutory guidance, providers will not be penalised for short term absences of children, for example due to sickness, family emergencies, or arriving late or leaving early. The Provider will also not be penalised for short term closures beyond the Provider’s control, for example due to elections, damage to the premises or strike action. 

14.8 

The Provider must follow all planning conditions and guidance and have appropriate planning permission in place. 14.9 The Provider must comply with all health and safety and environmental legislation and government guidance although it is not BHCC’s responsibility to monitor compliance. 

14.10 

If the Provider closes part way through a funding period, the Provider must pay back unused EYFE funding to enable children to access their EYFE elsewhere. 

14.11 

Failure to pay BHCC any monies owed within given deadlines will result in BHCC implementing its corporate debt recovery policy.

15.1 

Suspension of registration by Ofsted or childminder agency, or a breach of statutory requirements or safeguarding issues may result in the termination of the Agreement and withdrawal of funding. 

15.2 

Where the Provider fails to return a signed copy of this Agreement and the Annual Core Offer form by the date specified by BHCC, BHCC reserves the right to suspend payment of any further EYFE funding and reject future claims for EYFE funding by the Provider until it is in receipt of a copy of the Agreement and associated paperwork correctly signed by the Provider. 

15.3 

Where a Provider takes the decision to withdraw from delivering EYFE, they must give BHCC and the parents of children at their setting a minimum of one month’s notice to enable parents to make alternative arrangements. 

15.4 

BHCC may suspend or terminate EYFE funding where there are concerns about the Provider’s financial viability. BHCC also reserves the right to make EYFE payments in arrears rather than in advance, or in monthly instalments, without notice to the Provider. 

15.5 

BHCC may terminate this Agreement or withdraw EYFE funding where required under statutory guidance, including where the Provider received a specified grade from Ofsted set out in Quality section of this Agreement. 

15.6 

BHCC may also terminate this Agreement immediately where safeguarding concerns arise that, in BHCC’ reasonable opinion, present a risk to children or undermine confidence in the Provider’s ability to deliver the EYFE safely.  

15.7 

EYFE funding may also be terminated in accordance with the other termination provisions set out in this Agreement. 

15.8 

BHCC may withhold EYFE funding where it has reasonable grounds to believe that the Provider will be unable to meet the requirements of this Agreement or Section A3 of Early education and childcare statutory guidance. 

15.9 

Any delay or omission by BHCC in exercising its rights shall not operate as a waiver of its right to terminate this Agreement or EYFE funding. 

15.10 

If funding is suspended or terminated, the name of the Provider will be removed from the Brighton & Hove Childcare Directory of providers offering EYFE. 

15.11 

If funding is suspended or terminated from the Provider but the Provider chooses to continue to offer free places to children they must make it clear in writing to parents that their child is not receiving EYFE. 

15.12 

Where BHCC terminates this Agreement, BHCC will not be required to make any further payments until the costs and amounts owing to and from the Provider have been calculated. The Provider will be entitled to be paid any balance owing following the final account calculation. 

15.13 

On termination of this Agreement, the Provider shall be required to cooperate fully with the transfer of responsibilities relating to children in receipt of EYFE as well as BHCC as set out in this Agreement. 

15.14 

BHCC may (at its discretion) suspend and or delay the payment of EYFE funding pending investigation into compliance concerns with this Agreement. Examples of when this may occur include but are not limited to where: 

• a Provider’s Annual Core Offer form has been accepted by BHCC at the beginning of the relevant funding year but the Provider subsequently unilaterally changes it without BHCC approval; and/or
• a Provider submits a new Annual Core Offer form at the beginning of the funding year, which is not acceptable or accepted by BHCC and the Provider subsequently does not make the necessary adjustments or amendments required by BHCC.

16.1 

The Provider may be denied approval to offer EYFE or have their funding suspended or withdrawn as set out in this Agreement. The Provider can appeal against that decision. 

16.2 

The Provider should write to Early Years Team addressed to the Director of Education and Learning (or such other person as notified by BHCC) within 10 working days of the date of BHCC’s decision rejecting their application for EYFE funding or terminating their EYFE funding, setting out the grounds for their appeal and including supporting documentation. Appeals received after 10 working days will only be considered where the BHCC considers, at its sole discretion, good reason has been demonstrated for the delay.

17.1 

Where any compliance issues arise relating to this Agreement, BHCC will follow the process with the Provider as set out below. 

Step 1 – Collaborative resolution 

17.2 

BHCC will set out the issue of concern and will ask for a response from the Provider. The Provider should make a senior staff member available who is able to communicate with BHCC by email, telephone and meeting as needed. 

17.3 

BHCC and the Provider shall work together to consider, agree and record specific actions or changes to the Provider’s policies, procedures or practices. 

17.4 

Step 1 should be concluded within 4 weeks of the issue being raised by BHCC unless a different timescale is agreed in writing. 

Step 2 – Remedial plan 

17.5 

For serious, urgent or repeated issues of compliance or where the measures at Step 1 have not been resolved within the timescale indicated, BHCC may serve the Provider with a notice issuing or requesting a Remedial Plan from the Provider. 

17.6 

The notice will set out the details of the compliance issue reiterating what the Provider needs to rectify and give a date by which a Remedial Plan should be submitted to BHCC. 

17.7 

The Remedial Plan should address the issues set out in the notice along with the actions that will be taken to resolve the compliance issue, along with any documentary evidence. BHCC may request changes to the Remedial Plan prior to accepting it. 

Step 3  – Termination of this Agreement for compliance issues 

17.8 

If the Remedial Plan from Step 2 has not been submitted and/or agreed within a reasonable timeframe as notified by BHCC, or where the Remedial Plan has not been implemented as agreed, or for persistent compliance issues, BHCC may issue a Notice to Terminate this Agreement. The Notice will set out the basis for the termination and the date on which the Agreement ends. 

17.9 

BHCC may in the Notice to Terminate this Agreement and in its sole discretion allow the Provider one final opportunity to rectify the compliance issue within a strict and short timeframe. 

17.10 

BHCC may also issue a Notice to Terminate this Agreement immediately where the compliance issue represents a fundamental breach of this Agreement (including but not limited to the undertakings given in Annex Clause 8), EYFE government legislation or guidance or any other applicable law, or where the compliance issue(s) result or may result in material damage to the reputation of the Provider, BHCC or of EYFE provision.

Complaints from parents 

18.1 

The Provider must ensure that they have a complaints procedure in place that is published and accessible for parents who are not satisfied their child has received their EYFE in the correct way, as set out in this Agreement and in Early education and childcare statutory guidance. 

18.2 

The complaints procedure should indicate that if the matter has not been resolved between the Provider and the parent, the parent should contact BHCC’s Best Start Family Hubs (or such other email address as notified by the BHCC) which will investigate the issue. 

Complaints from providers 

18.3 

Providers who have a complaint about the way in which BHCC manages this Agreement should contact the Childcare Strategy Manager in the Early Years Team (or such other email address as notified by BHCC). 

8.4 

Providers may complain about the manner in which this Agreement is being administered but not the contents or the requirements of this Agreement. Decisions made to decline or terminate EYFE funding may be appealed against as set out in this Agreement and are not for this reason dealt with through BHCC’s complaints procedure. A Provider who incorrectly appeals or complains will be appropriately signposted as set out in this clause. Complaints from Parents or Providers 

18.5 

If a parent or the Provider feel that they have not received a satisfactory response to their complaint and wish to take the matter further, a formal complaint may be submitted through BHCC’s complaints procedure. 

18.6 

If a parent or the Provider is not satisfied with the way in which their complaint has been dealt with by BHCC or believes BHCC has acted unreasonably, they can make a complaint to the Local Government and Social Care Ombudsman. Such complaints will only be considered when the local complaints procedures have been exhausted.

All clause numbering in this Annex shall be referred to as Annex Clause [Number]. 

1. Acknowledgements and publicity 

1.1. The Provider shall acknowledge the EYFE Funding through BHCC in its annual report and accounts. 

1.2. The Provider agrees to participate in and co-operate with any activities relating to the EYFE that may be instigated and/or organised by BHCC. 

2. Intellectual property rights 

2.1. BHCC and the Provider agree that all rights, title and interest in or to any information, data, reports, documents, procedures, forecasts, technology, know-how and any other Intellectual Property Rights whatsoever owned by either BHCC or the Provider before the commencement date or developed by either party during the funding period, shall remain the property of that party. 

2.2. Where BHCC has provided the Provider with any of its intellectual property rights for use in connection with EYFE (including without limitation its name and logo), the Provider shall, on termination of this Agreement, cease to use such intellectual property rights immediately and shall either return or destroy such intellectual property rights as requested by BHCC. 

3. Confidentiality 

3.1. Subject to Annex Clause 4 (freedom of information), each party shall during the term of this Agreement and thereafter keep secret and confidential all intellectual property rights or know-how or other business, technical or commercial information disclosed to it as a result of the Agreement and shall not disclose the same to any person save to the extent necessary to perform its obligations in accordance with the terms of this Agreement or save as expressly authorised in writing by the other party. 

3.2. The obligation of confidentiality contained in this clause shall not apply or shall cease to apply to any intellectual property rights, know-how or other business, technical or commercial information which: 

• 3.2.1. at the time of its disclosure by the disclosing party is already in the public domain or which subsequently enters the public domain other than by breach of the terms of this Agreement by the receiving party;
• 3.2.2. is already known to the receiving party as evidenced by written records at the time of its disclosure by the disclosing party and was not otherwise acquired by the receiving party from the disclosing party under any obligations of confidence; or
• 3.2.3. is at any time after the date of this Agreement acquired by the receiving party from a third party having the right to disclose the same to the receiving party without breach of the obligations owed by that party to the disclosing party. 

4. Freedom of information 

4.1. The Provider acknowledges that BHCC is subject to the requirements of the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004. 

4.2. BHCC shall be responsible for determining at its absolute discretion whether information provided under this Agreement: 

• 4.2.1. is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations 2004
• 4.2.2. is to be disclosed in response to a request for information. 

4.3. The Provider shall ensure that all information produced in the course of the Agreement or relating to the Agreement is retained for disclosure and shall permit BHCC to inspect such records as requested from time to time. 

5. Data protection

5.1. The Provider shall (and shall procure that any of its staff involved in connection with the activities under the Agreement shall) comply with any notification requirements under the Data Protection Act 2018 (DPA) and both Parties will duly observe all their obligations under the DPA, which arise in connection with this Agreement. 

5.2. The Provider shall ensure that it has in place appropriate technical and organisational measures to ensure the security of personal data as required under the Seventh Data Protection Principle in Schedule 1 to the DPA. 

5.3. The Provider agrees to indemnify BHCC against all costs that BHCC incurs as a consequence of the Provider’s failure to comply with this Annex Clause 5. 6. 

6 Equality duty 

6.1. Under the Equality Act 2010 (the Act), BHCC, in carrying out its functions has a duty to pay due regard to the need to eliminate discrimination, harassment and victimisation, promote equality of opportunity and good relations between those who share a particular protected characteristic and those who do not. 

6.2. The Provider shall not discriminate contrary to the Act (which term includes harassment and victimisation) directly or indirectly, against any person on grounds of disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, sex and sexual orientation, race, religion/belief and age. 

7. Health and safety 

7.1. The Provider shall: 

• 7.1.1. comply at all times with the Health and Safety at Work etc. Act 1974 and all other applicable applicable health and safety legislation.
• 7.1.2. comply at all times with applicable legislation relating to health and safety of employees and other affected persons including the Management of Health and Safety at Work etc Regulations 1999 and all other health, safety and welfare requirements applicable to the services; and
• 7.1.3. accept primary responsibility for all aspects of health and safety at the premises of the Provider and any premises in which EYFE is delivered. 

8. Provider undertakings 

8.1. The Provider represents, undertakes and agrees that: 

• 8.1.1. it has not committed, nor shall it commit, any Prohibited Act as defined in the Bribery Act 2010
• 8.1.2. it shall at all times comply with all relevant legislation and all applicable government guidance and codes and shall notify BHCC immediately of any significant departure from such legislation, codes or recommendations
• 8.1.3. it has and shall keep in place adequate systems to deal with the prevention of fraud and/or administrative malfunction (all financial and other information concerning the Provider which has been disclosed to BHCC is to the best of its knowledge and belief, true and accurate)
• 8.1.4. it is not aware of anything in its own affairs, which it has not disclosed to BHCC which might reasonably have influenced the decision of BHCC to make the EYFE funding on the terms contained in this Agreement. 

9. Duration 

9.1. Except where otherwise specified, the terms of this Agreement shall apply from the date of this Agreement until expiry. 

9.2. Any obligations under this Agreement that remain unfulfilled following the expiry or termination of the Agreement shall survive such expiry or termination and continue in full force and effect until they have been fulfilled. 

10. Assignment 

10.1. The Provider may not, without the prior written consent of BHCC, assign, transfer, sub-contract, or in any other way make over to any third party the benefit and/or the burden of this Agreement.

11. Waiver 

11.1. No failure or delay by either party to exercise any right or remedy under this Agreement shall be construed as a waiver of any other right or remedy. 

12. Contracts (rights of third parties) Act 1999 

12.1. This Agreement does not and is not intended to confer any contractual benefit on any person pursuant to the terms of the Contracts (rights of third parties) Act 1999. 

13. Entire agreement 

13.1. This Agreement constitutes the entire agreement and understanding of the parties in connection with its subject matter and supersedes all prior representations, communications, negotiations and understandings concerning the subject matter of this Agreement. 

14. Governing law 

14.1. This Agreement shall be governed by and construed in accordance with the law of England and the parties irrevocably submit to the exclusive jurisdiction of the English courts. 

15. Interpretation 

15.1. In this Agreement, reference to any statutory provision, enactment, order, regulation of other similar instrument shall be construed as a reference to the statutory provision, enactment, order, regulation or instrument (including any EU instrument) as amended, replaced, consolidated or re-enacted from time to time and shall (unless the reference expressly states otherwise) include any orders, regulations, codes of practice, instruments or other subordinate legislation made under it. 

16. Variations 

16.1. BHCC may vary this Agreement at any time to reflect changes in legislation, statutory guidance or government policy. Any such variation shall take effect upon written notice to the Provider and shall not constitute a material change to this Agreement. 

17. Liability and indemnity 

17.1. Subject always to paragraphs 17.2 and 17.3 below, BHCC’s liability under this Agreement shall be strictly limited to the payment of EYFE funding properly due to the Provider in accordance with this Agreement. 

17.2. BHCC shall not be liable to the Provider, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for: 

• 17.2.1 any loss of profits, business, revenue, goodwill or anticipated savings; any indirect or consequential loss; or  
• 17.2.2 any loss, damage, cost or liability arising from or connected with:
  • 17.2.2.1 the Provider’s delivery or non-delivery of EYFE;
  • 17.2.2.2 the Provider’s acts, omissions, negligence, or breach of statutory duty;
  • 17.2.2.3 any failure by the Provider to comply with this Agreement, applicable legislation, statutory guidance or Ofsted requirements; or
  • 17.2.2.4 any suspension, withdrawal or cessation of EYFE funding in accordance with this Agreement. 

17.3. The Provider shall indemnify and keep indemnified BHCC against all claims, demands, actions, proceedings, damages, losses, costs, expenses and liabilities (including legal fees) arising out of or in connection with: 

• 17.3.1 the Provider’s delivery of EYFE
• 17.3.2 any breach by the Provider of this Agreement or applicable law
• 17.3.3 any negligent act or omission of the Provider or its staff, contractors, or agents
• 17.3.4 any misuse or misapplication of EYFE funding. 

17.4. Nothing in this clause shall limit the Provider’s obligations to maintain appropriate insurance as required by this Agreement and Ofsted registration requirements. 

17.5. Nothing in this Agreement shall exclude or limit: 

• 17.5.1 either party’s liability for death or personal injury caused by negligence
• 17.5.2 fraud or fraudulent misrepresentation; or
• 17.5.3 any liability which cannot lawfully be excluded or restricted. 

18. Insurance 

18.1. The Provider warrants to BHCC that it has and shall maintain throughout the term of this Agreement, all insurance cover necessary for the proper delivery of EYFE. 

Such insurance shall include, as a minimum: 

• 18.1.1 public liability insurance with a limit of indemnity of not less than £10,000,000 for any one occurrence or series of related occurrences; and
• 18.1.2 employers’ liability insurance with a limit of indemnity of not less than £5,000,000, except where a statutory exemption applies. 

18.2 All insurance must meet Ofsted insurance requirements and any other applicable statutory or regulatory standards. 

18.3 The Provider shall, upon reasonable request by BHCC, provide documentary evidence that the insurance required under this Agreement is in place and remains valid. 

18.4 The Provider shall notify BHCC in writing immediately if any insurance required under this Agreement is cancelled, not renewed, suspended, lapses or is materially altered in a way that may affect the Provider’s ability to comply with its obligations under this Agreement. The Provider shall also notify BHCC without delay of any circumstance that may prejudice, compromise or lead to a claim under any such insurance.

Read out children's services privacy notice.