Setting update 258 (Final reminder - FE summer estimates; provider declaration form reminder for existing FE providers; 30 hours eligibility checker guidance; committee and charitable settings guidance; childminder assistants; TFC new HMRC mailbox; spring network presentations; HAF reminder)

Early Years and Childcare broadcast

The West Sussex approach puts the child first. We work with children, families, communities, our partners and schools in a restorative, strength based way. Strong relationships are at the heart of what we do.

Broadcast for Early Years and childcare providers in West Sussex from West Sussex County Council

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Wednesday 22 March 2023


Setting update 258 (Final reminder - FE summer estimates; provider declaration form reminder for existing FE providers; 30 hours eligibility checker guidance; committee and charitable settings guidance; childminder assistants; TFC new HMRC mailbox; spring network presentations; HAF reminder)

Final Reminder - Submit your Free Entitlement Summer Term Estimates

The Online Provider Portal (OPP) is open for you to submit your Summer Term estimates for Free Entitlement (FE) 2, 3 and 4 Year Olds.

  • Headcount Day for Summer Term is 4 May 2023.
  • The deadline for estimate submissions is 24 March 2023.
  • Payments are scheduled to be received by providers week commencing 3 April 2023.

Visit our website for guidance. If you require further assistance please email free.entitlement@westsussex.gov.uk first or phone the Family Information Service on 01243 777807.

Provider Declaration - Reminder for Existing FE Providers

Following on from our Special Broadcast dated 17 March 2023, please be reminded that all existing FE providers must return their signed Provider Declaration form via the Online Provider Portal (OPP) by 31 March 2023 in order to continue delivering FE from the summer term. Failure to return this form by this date will delay your summer term estimate payment.

Please read the new version of the Provider Declaration on our webpage www.westsussex.gov.uk/eycfreeentitlement. Once read and understood complete the ‘Provider Declaration v2’ signature form, electronically, via the OPP. Help and access to the OPP can be found at www.westsussex.gov.uk/ecsportal. Renewing your commitment to offer FE this year does not place any obligation on you to sign up to the recently announced expansions to the scheme.

Any providers wishing to sign up to deliver Free Entitlement for 2, 3 and 4 year olds for the first time, please contact the Family Information Service for a separate form and do not complete the online form.

If you have any questions, please contact the Family Information Service by email free.entitlement@westsussex.gov.uk or phone 01243 777807 and asked to be transferred to the Specialist Team.

30 Hours Free Entitlement Eligibility Checker

This term we have received a large number of queries regarding 30 Hours Free Entitlement (FE) eligibility codes. They appear to be valid according to the Eligibility Checker on the Online Provider Portal (OPP), but cannot be used when submitting a child's actuals due to not being valid for the current term. Below are some tips on how to ensure the code is valid before proceeding with attempting to claim. 

When checking validity via the OPP you will see a green tick and the below message if the parent has successfully applied for 30 Hours FE. 

30 hours examples eligibility details

Note that this message does not mean the code is currently usable, only that an application was received and approved.

To understand if the code can be used for the current term, look at the dates and ensure they meet the following criteria:

  • Code Start Date: must be before the first day of the first month of the term. For Summer 2023, the start date needs to be 31 March 2023 or prior.
  • Code End Date: must be after the first day of the first month of the term. For Summer 2023, the end date needs to be 1 April 2023 or later. If it is earlier, you must look at the Grace Period end date.
  • Grace Period End Date: this will indicate what date the code can be used up to, but only at a provider they have already accessed Extended Hours with in a prior term.

Example 1:

  • Code Start Date: 28 March 2023
  • Code End Date: 26 June 2023
  • Grace Period End Date: 31 December 2023

This code can be used for Summer 2023 term.

Example 2: 

  • Code Start Date: 4 April 2023
  • Code End Date: 3 July 2023
  • Grace Period End Date: 31 December 2023

This code cannot be used for Summer 2023. It can be used for Autumn 2023, if the code is renewed and the Code End Date is within the Autumn 2023 term.

Example 3:  

  • Code Start Date: 13 December 2022
  • Code End Date: 13 March 2023
  • Grace Period End Date: 31 August 2023 This code can only be used in Summer 2023 term if the child accessed Extended Hours at your provider in Spring 2023.

Please note:

  • If the parent applied or reconfirmed with HMRC in time, but the code start date is after the start of term, please take a screenshot of the Eligibility Checker outcome and email it to freeentitlement@westsussex.gov.uk for support. Please include the child's details and parent's NI number in your email.
  • If a parent has forgotten to reconfirm, and/or no longer meets the eligibility criteria, the child can continue to access their Extended FE place up to the grace period end date.
  • A child cannot start at a new provider if the code has fallen into the grace period.

For more information, please see our guidance page.

Committee Run/Charitable settings

In addition to the recruitment crisis in the sector, we are aware that some settings are struggling to recruit committee members. As a result we are receiving queries around possible changes to current structures. It is important to choose the most appropriate charitable structure, whether you are setting up a new charity or are an existing one looking to change its structure.

There are three main types:

  • charitable incorporated organisations (CIOs): these must register with the Charity Commission, whatever their income. Although it is incorporated it does not need to register with Companies House or follow company law. This structure offers trustees a greater degree of protection from personal liability if the charity is dissolved. For these reasons, it is often the preferred choice for childcare providers.
  • unincorporated associations: these only need to register with the Charity Commission if their income is over £5,000 per year, but this structure leaves the trustees personally liable for any costs that the charity is unable to meet.
  • charitable companies: this may be appropriate for larger organisations, with high staffing levels, major contracts or significant property holdings. Registration with the Charity Commission is essential if the charity has an income of over £5,000 per year, and the charity must also register with Companies House and comply with the Companies Act.

If you are thinking of changing your current business structure, it is important that you seek legal advice and explore the benefits and potential implications of the different options. In order to proceed with any changes, you must also have minuted approval from the members. You may also need to re-register with Ofsted.

The Early Years Alliance have a 24 hour legal helpline that is free to members. They also have a membership and customer services team who can advise on many issues, including charity legislation and governing documents.

Childminder assistants

Following recent queries, we would like to clarify the requirements for childminders who have or are considering working with assistants. As per Ofsted guidance, assistants can be left alone with children for up to two hours a day but parental permission must be obtained for all children. If you want to leave children alone with assistants for longer periods of time, they must register as a childminder themselves.

Assistants must get an enhanced check with barred lists from the Disclosure and Barring Service. You will need to use the Childminder: report new adults in the home service. They cannot be included in ratio or work unsupervised until they have received their suitability letter from Ofsted.

Tax-Free Childcare – new support mailbox available

Tax-Free Childcare (TFC) is a government scheme that helps support families with childcare costs. It is for working parents/carers, including single parent families, who work at least sixteen hours per week at the national minimum wage and are not receiving tax credits, universal credit or childcare vouchers. It can be used for children aged up to 11, or 17 if the child has a disability.

If you offer TFC, HMRC have a new mailbox that can be used for any queries relating to the TFC scheme. Please note that this is for use by providers and the local authority only. It is not to be shared with parents/carers - taxfreechildcareteam@hmrc.gov.uk.

Network Meeting Presentations

The network meetings for the spring term have been held over the last few weeks. We are pleased to share the presentations from these meetings with you.

Reminder - Holiday Activity and Food bookings open

As mentioned in broadcast #256, booking for the Holiday Activity and Food (HAF) programme is currently open for the Easter holidays. Parents can search for a provider using the Family Information Service website.


Upcoming key dates

  • w/c 3 April - Payments due for Summer Estimates
  • 14 Apr - Spring term Sufficiency deadline (all providers)
  • 4 May - Summer Term Headcount Day

Information, guidance and support

To allow our Early Years and Childcare Advisors to focus their support to where it is most needed, we ask that you check for information online before you contact us.

COVID-19 guidance

Other information and guidance (WSCC)

For help to access information

To request additional support for your setting


What to do if your setting needs to close

Please inform the Family Information Service if your setting needs to close or is re-opening. Email family.info.service@westsussex.gov.uk and include your setting name, Ofsted URN, the date you intend to close/open, and any changes to your operating hours. If you inform us of re-opening, you will be reinstated on the public list and appear on our website www.westsussex.gov.uk/fis.

If closing due to COVID-19, please consult the guidance to check when to inform Ofsted.

In the event of your setting having a confirmed COVID-19 case, if Public Health or the Department for Education have stated you must close for any period of time you must inform the Family Information Service. However, if Public Heath have not explicitly stated in correspondence to you that the setting must close, we would expect you to make contact with your Early Years and Childcare Adviser (EYCA) to talk through your circumstances, where possible, before making the decision to close the setting. If you are not able to make immediate contact with your EYCA then please email your nearest EYCA team using the following email addresses:

Where there are not clearly evidenced reasons why the setting had no option to close, there could be implications for funding received as per the government guidance. 

Links to our most recent setting updates


  • #257 (Budget announcement; healthy child programme; experts and mentors programme; Ofsted priorities 2023; national day nurseries training)
  • #256 (Free entitlement summer estimates open; 30 hour codes summer deadline; HAF bookings now open; HAF expressions of interest 2023; updated Ofsted web pages; EYPDP phase three; home learning environment resources and campaign; the daily mile; new evidence based resources; DfE new early years child development training)                                                                             
  • #254 (Meeting the needs of international new arrivals; green business newsletter; early years training)
  • #253 (Notice of planned downtime, Additional Bank Holiday, Ofsted update, Early years child development training, Government Education Committee review, Portage home visiting service, music training course)