Question reference: S5W-24763
- Asked by: Alison Harris, MSP for Central Scotland, Scottish Conservative and Unionist Party
- Date lodged: 14 August 2019
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Current status: Answered by Maree Todd on 11 September 2019
Question
To ask the Scottish Government, further to the answer to question S5W-23275 by Maree Todd on 4 June 2019, and in light of the reported closures of several private sector nurseries, whether it plans to review its position on the ability of councils to undercut private, voluntary and independent sector childcare providers when charging parents for the provision of childcare beyond the funded entitlement.
Answer
As highlighted in the answer to S5W-23275 local authorities have discretionary powers to provide early learning and childcare beyond the statutory entitlement under section 1(1C) of the Education (Scotland) Act 1980 and may charge for such provision in terms of section 33(2) of the Standards in Scotland’s Schools etc. Act 2000.
The Scottish Government issued Statutory Guidance in 2014 to education authorities on the exercise of their functions in relation to the delivery of funded early learning and childcare entitlement, including the discretionary power to charge for ELC provision. We are currently working with stakeholders from across the early learning and childcare sector to update this guidance to reflect legislative changes since 2014 and to align with wider policy developments.
This exercise will consider a range of issues, including whether further guidance on discretionary charging is required. A draft of the updated Statutory Guidance will be published for consultation before the end of 2019.