From autumn 2008, providers must comply with the welfare requirements and ensure that provision meets the learning and development requirements. The framework states that providers should 'deliver individualised learning, development and care'.
It emphasises 'a principled approach' to children's development, learning and care grouped around four 'distinct but complementary' themes - a unique child; positive relationships; enabling environments; and learning and development.
Following the Government consultation on the EYFS last year, the DfES said it had now 'streamlined the statutory learning and development requirements' in response to a call in the sector for more clarity in wording and format to distinguish between the statutory requirements and the guidance elements of the EYFS framework.
The EYFS Learning and Development Requirements Order was put out for a six-week consultation at the end of December ahead of the launch of the final EYFS package in the spring.
Details on how to work with children to achieve the Early Learning Goals will be set out in the EYFS Practice Guidance.
In addition to the framework, the other materials in the final package will comprise EYFS Practice Guidance to include the learning and development grids, non-statutory guidance, additional advice and information; and EYFS resources for providers and practitioners, including a CD, poster and Principles into Practice cards.
Under the Childcare Act, the education secretary is legally required to specify the learning and development requirements and welfare requirements that make up the EYFS.
The Order will give legal force to the early learning goals and educational programmes and assessment arrangements that are outlined in the EYFS Statutory Framework.
Prior to the final launch, the DfES will also consult on plans for exemptions from the learning and development requirements.
The specific welfare requirements and guidance providers should have regard to are set out in detail in the framework. The welfare requirements are already enforced by regulations made under the Childcare Act 2006.
One early years consultant, while welcoming the four themes, expressed scepticism about the future of early years education and fears there are insufficient practitioners and Ofsted inspectors capable of ensuring the EYFS is implemented effectively. 'The Government is moving to more of a care context, rather than one that provides quality of learning. It's moving to a point where they won't need teachers any more,' she said.
Responses to the EYFS Learning and Development Requirements Order can be made online at www.dfes.gov.uk/consultations until 2 February.