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Early Years Education

and Childcare

Agreement

August 2018

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Contents Agreement ............................................................................................................................................................ 4

Overview ............................................................................................................................................................... 4

1) Legislation and Statutory Guidance .............................................................................................................. 4

2) Safeguarding ................................................................................................................................................. 5

3) Early Education Funding Roles and Responsibilities ..................................................................................... 5

4) Providing Funded Early Education and Childcare for Two, Three and Four Year Olds ................................. 5

a) Eligibility ........................................................................................................................................................ 5

b) Two Year Olds ............................................................................................................................................... 6

c) 30 hours funded childcare ............................................................................................................................ 6

d) Grace Period ................................................................................................................................................. 7

e) Flexibility ....................................................................................................................................................... 8

f) Partnership Working ..................................................................................................................................... 8

g) Social Mobility and Inclusion ........................................................................................................................ 9

h) Quality ........................................................................................................................................................... 9

i) Business Planning ....................................................................................................................................... 10

j) Charging ...................................................................................................................................................... 10

k) Funding ....................................................................................................................................................... 11

l) Compliance ................................................................................................................................................. 12

m) Term, Termination and Withdrawal of Funding ......................................................................................... 12

n) Appeals Process .......................................................................................................................................... 13

o) Clawback of Funding ................................................................................................................................... 13

5) Special Educational Needs and Disabilities (SEND) .................................................................................... 14

6) Family Information Directory – FID ............................................................................................................ 14

7) Communication........................................................................................................................................... 15

8) Complaints Process ..................................................................................................................................... 15

9) Data Protection ........................................................................................................................................... 15

10) Freedom of Information ............................................................................................................................. 16

11) Assignment and Sub-Contracting ............................................................................................................... 16

12) Whistleblowing ........................................................................................................................................... 16

13) Fraud ........................................................................................................................................................... 17

14) Notices ........................................................................................................................................................ 17

15) Confidentiality............................................................................................................................................. 17

16) Dispute Resolution ...................................................................................................................................... 18

17) Contracts Rights of Third Parties Act .......................................................................................................... 18

18) Entire Agreement ........................................................................................................................................ 18

19) Scope of the Agreement ............................................................................................................................. 18

20) Prevention of Corruption ............................................................................................................................ 18

21) Interpretation ............................................................................................................................................. 18

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22) Governing Law ............................................................................................................................................ 19

2018/2019 Declaration ....................................................................................................................................... 20

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Agreement

This Agreement is made the day of 2018

between:

(1) SWINDON BOROUGH COUNCIL of Civic Offices Euclid Street Swindon SN1 2JH (“Swindon Borough Council”); and

(2) (Name) of (Address) (Ofsted) (the “Provider”)

(Swindon Borough Council and the Provider each being a Party and being together called the Parties)

Overview

This agreement sets out both the Swindon Borough Council’s requirements of providers and what providers can expect from Swindon Borough Council in relation to early education and childcare for 0 to 14 year olds including funding for 2, 3 and 4 year olds.

This agreement does not provide guidance on how providers operate their private businesses, including charges over and above a child’s funded entitlement hours.

OPERATIVE PROVISIONS

1) Legislation and Statutory Guidance

This agreement is between Swindon Borough Council and Providers delivering early education and childcare for 0 to 14 year olds including funding for 2, 3 and 4 year olds based within the Borough of Swindon.

It is not intended to replace, supersede or negate the requirements or expectations set out in legislation, statutory guidance and government advice.

To the extent that they apply to this agreement and the provision of early year’s education and childcare, the Provider shall comply with the following legislation, codes, guidance and frameworks (the “Requirements”);

Early Education and childcare, Statutory guidance for Local Authorities 2017

Childcare Act 2006

Childcare Act 2016

Equality Act 2010

School admissions code 2014

Statutory framework for the early years foundation stage 2017

Local Authority, (Duty to Secure Early Years Provision Free of Charge) Regulations 2014

The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016

Special educational needs and disability code of practice: 0 to 25 years 2015

General Data Protection Regulations and the Data Protection Act 2018

The guidance found at: https://www.gov.uk/government/publications/early-education-and-childcare--2

The guidance found at: https://www.gov.uk/government/publications/early-years-national-funding-formula-allocations-and-guidance; and

Any other applicable law, statute, code of practice and guidance.

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The Provider shall not breach the Requirements nor through its acts and omissions shall it cause Swindon Borough Council to be in breach of the Requirements.

The Provider confirms that this the Early Years Education and Childcare it will provide under this agreement will at all times meet the conditions of funding as set out in the Early Education and Childcare Statutory Guidance for Local Authorities, 2017 and as set out in this agreement.

2) Safeguarding

Local Authority

Swindon Borough Council shall contribute to the safeguarding and promote the welfare of children and young people in the Borough.

Providers

The Provider must have clear safeguarding policies and procedures in place that meet, as a minimum, the requirements of Swindon Borough Council’s guidance for recognising, responding, reporting and recording suspected or actual abuse. All Early years providers must follow the EYFS

The Provider shall ensure that it appoints a lead practitioner to take responsibility for safe-guarding

and shall ensure that it and its staff are trained to identify signs of abuse and neglect. The Provider

shall at all times have regard to the “Working Together to safeguard Children” 2018 guidance.

3) Early Education Funding Roles and Responsibilities

(Applicable to Early Education Funded Providers Only)

Local Authority

Swindon Borough Council will secure a funded entitlement place for every child in the borough so Parents are able to take up their funded entitlement place for every child.

Swindon Borough Council will pay providers regularly and work in partnership with providers to agree expectations for delivering all aspects of funded early education entitlements.

Providers

The Provider shall deliver funded entitlements to eligible children as flexibly as possible, at times

that best support children’s learning and meets the needs of Parents, whilst ensuring consistency of

quality across all entitlements, and not providing preferential levels of service.

4) Providing Funded Early Education and Childcare for Two, Three and Four Year Olds

a) Eligibility

Local Authority

Swindon Borough Council is required to ensure that a child has a funded entitlement place no later than the beginning of the term following the child and the Parent meeting the eligibility criteria for the funded entitlements.

Providers

The Provider shall check original copies of documentation to confirm a child has reached the eligible age on initial registration for all funded entitlements.

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The Provider shall retain either paper or digital copies of documentation to enable Swindon

Borough Council to carry out audit checks and fraud investigations. Documentation can include

provider registration form and parental declaration form.

b) Two Year Olds

Local Authority

Swindon Borough Council is required to ensure that eligible two years olds continue to receive a place once they have taken up a funded place.

Providers

The Provider shall offer places to two year olds on the understanding that the child remains eligible until they become eligible for the universal funded entitlement for three and four year olds, even if theirs or their Parents’ circumstances change.

c) 30 hours funded childcare

Local Authority

Swindon Borough Council will confirm the validity of 30 hours eligibility codes by providing an eligibility checking service through the ECS checker within the provider portal and Citizen Portal to allow providers to offer 30 hour places for eligible three and four year olds swiftly and efficiently.

Swindon Borough Council will complete audit checks to review the validity of eligibility codes for children who qualify for 30 hours funded childcare at six fixed points in the year, both at the start and mid-term throughout the year. Swindon Borough Council will communicate the Grace Periods to providers via the Expiration Dashboard on the Provider Portal. Providers are expected to share this information with parents who are found to be ineligible for the extended entitlement. The Grace Period end date will automatically be applied to eligibility codes. Parents should be encouraged to apply for 30 hours funded childcare the term before they wish to claim their place.

Providers

Alongside the 30 hours eligibility code, which is the child’s unique 11-digit number, and original copies of documentation, the Provider must acquire written consent from, or on behalf of, the Parent to be able to receive confirmation and future notifications from Swindon Borough Council of the validity of the Parents 30 hour’s eligibility code.

Once the Provider has received written consent from the Parent, they should verify the 30 hours eligibility code with Swindon Borough Council via the early years funding portal.

Parents should be encouraged to apply for 30 hours funded childcare the term before they wish to claim their place.

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d) Grace Period

A child will enter the grace period when the child’s parents cease to meet the eligibility criteria set out in the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016, as determined by HMRC or a First Tier Tribunal in the case of an appeal.

Local Authority

Swindon Borough Council will access information about whether a child has ceased to meet the eligibility criteria and entered the grace period via the Eligibility Checking Service. The grace period end date will automatically be applied to eligibility codes.

Swindon Borough Council will continue to fund an existing extended entitlement place for a child who enters the grace period as set out in the Early Education and Childcare Statutory guidance for Local Authorities 2017. Swindon Borough Council will not fund an extended entitlement place in the Grace Period where they are starting a new provider.

Swindon Borough Council will inform providers of a child’s grace period swiftly and efficiently after a child falls out of eligibility within the expiration dashboard.

Providers

If the Provider is notified by a Parent that they cease to meet the eligibility criteria, the provider will then notify Swindon Borough Council within two weeks that that child has entered the grace period.

The Provider will continue to provide an existing extended entitlement place for the child during the grace period.

At the end of the grace period the provider will cease to provide 30 hours of funded childcare if the child remains ineligible. The child will still be entitled to take up the universal entitlement of 570 hours of funded early education per year and the provider may offer this alongside offering the Parent additional fee paying hours.

Date Parent receive ineligible decision on

reconfirmation

LA audit date Grace period end date

1 Jan – 10 Feb

11 February 31 March

11 Feb – 31 March

1 April 31 August

1 April – 26 May

27 May 31 August

27 May – 31 August

1 September 31 December

1 September – 21 October

22 October 31 December

22 October – 31 December 1 January 31 March

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e) Flexibility

Local Authority

Swindon Borough Council will offer different levels of funding which incentivise flexibility to ensure sufficient places are available which meet the needs of working families.

Swindon Borough Council will audit providers regularly to ensure the rate selected is reflective of the hours offered to families.

Swindon Borough Council will not expect all providers to be able to offer a stretched offer but will work with a range of providers to secure sufficient ‘stretched’ places to meet parental demand in the local authority.

Swindon Borough Council will amend provider funding rates within 2 weeks of being notified of a change in circumstances in their flexibility.

Providers

Providers will offer funded hours to Parents and children in line with the criteria of the rate they have selected.

The provider should also make information about their offer and admissions criteria available to parents at the point the child first accesses provision at their setting.

The Provider shall work with Swindon Borough Council and share information about the times and periods at which they are able to offer funded entitlements to support Swindon Borough Council to secure sufficient stretched and flexible places to meet parental demand in the local authority.

The Provider shall notify Swindon Borough Council within 2 weeks if their circumstances change and they need to amend the times and periods at which they are able to offer funded entitlements so their funding rate can be increased or decreased accordingly.

f) Partnership Working

Local Authority

Swindon Borough Council 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.

Providers

The Provider shall work in collaboration with Swindon Borough Council, Parents, other providers and organisations to share best practice and ensure smooth transitions between different providers.

The provider should work in partnership with parents, carers and other providers to improve provision and outcomes for children in their setting. An interactive toolkit has been developed to help providers set up or join a partnership, maximise the benefits of working together and tackle the challenges joint working can bring.

The Provider should discuss and work closely with Parents to agree how a child’s overall care will work in practice when their funded entitlement is split across different providers to ensure a smooth transition for the child.

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g) Social Mobility and Inclusion

Local Authority

Swindon Borough Council should promote equality and inclusion, particularly for disadvantaged families, looked after children and children in need by removing barriers of access to funded places and working with Parents to give each child support to fulfil their potential.

Providers

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

h) Quality

Local Authority

Swindon Borough Council must deliver funded entitlements through early years providers and childminders who are Ofsted registered, childminders registered with a childminding agency that is registered with Ofsted or schools which are exempt from registration.

Swindon Borough Council may impose further requirements on providers who are judged by Ofsted as ‘Inadequate’ or ‘Requires Improvement’

Swindon Borough Council will meet its legal duty to provide information, advice and guidance for providers who are rated less than ‘Good’ by Ofsted or newly registered providers. Swindon Borough Council may charge for this training and as part of this duty will work in partnership with the provider and ensure that any training offered is targeted and relevant to areas of development as identified by Ofsted.

Swindon Borough Council may terminate this agreement and recover any funding in accordance with the terms of this agreement in the event that the Provider is judged less than ‘Good’ and does not take appropriate actions to improve areas identified by Ofsted

Providers

Provided that the Provider that has an Ofsted ‘Good’ or ‘Outstanding’ rating or is pending their first full Ofsted inspection it shall automatically eligible to be funded to deliver the funded entitlement for two, three and four year olds.

In the event that a Provider is judged by Ofsted as ‘Inadequate’ or ‘Requires Improvement’ it may only offer places for eligible three and four year olds at the discretion of Swindon Borough Council where funding is needed to secure sufficiency, flexibility or accessibility.

In the event that the Provider is judged by Ofsted as ‘Inadequate’ or ‘Requires Improvement’ it will take measures and invest in development for areas identified in the Ofsted inspection report to improve quality of provision. This could include taking up training offered by the Swindon Borough Council which the Provider may need to pay for.

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i) Business Planning

Local Authority

Swindon Borough Council will publish the dates by which payments will be made for each term at the start of the financial year.

Swindon Borough Council will send out ‘tasks’ to complete through the early years funding portal and allow reasonable time for completion for payments to be made.

Swindon Borough Council will not charge providers unreasonable or disproportionate penalties for providing late or incomplete information leading to additional administration in the processing of early education and childcare payments. Any charge will be proportionate to the inconvenience or costs incurred to the local authority as a result of lateness and Swindon Borough Council will ensure charges are clearly communicated to providers.

Swindon Borough Council will not carry out audit regimes which are disproportionate or are unnecessarily burdensome to providers, however will ensure these are carried out annually to all providers in order to confirm the correct rate is being claimed.

Swindon Borough Council will ensure providers are aware of the important need to return accurate census data on time.

Providers

The Provider shall invest in development and maintain up to date skills and knowledge for running their business. This includes, but is not limited to;

Managing the budget

Understanding business rates

Having a clear and transparent invoicing system in place

Operating in a sustainable way that ensures public money is being spent well

The Provider shall maintain accurate financial and non-financial records relating to funded entitlement places and will give Swindon Borough Council’s authorised officer access on reasonable notice to all financial and non-financial records relating to early education and childcare places, funded under the provider agreement, subject to confidentiality restrictions.

The Provider shall deem any notice, information or communication given or made by the authorised officer as to have been given or made by Swindon Borough Council.

The Provider shall ensure that completed documentation including funding returns via the portal and census returns are submitted to Swindon Borough Council by the required deadline. Failure to do so will risk inaccurate, delayed or suspended funding.

j) Charging

Local Authority

Swindon Borough Council will make it clear to providers that the government funding is intended to cover the cost to deliver 15 or 30 hours a week of funded, high quality, flexible early education and childcare. It is not intended to cover the cost of meals, consumables, additional hours or additional services.

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Swindon Borough Council will not intervene where Parents choose to purchase additional hours of provision or additional services, providing that this does not affect the Parent’s ability to take up their child’s funded place.

It shall be a matter for Swindon Borough Council to determine at its absolute discretion whether or not the Provider shall be entitled to charge a deposit for funded places if Swindon Borough Council considers that charging a deposit would or would be likely to prevent take up, for example for the two year old entitlement for disadvantaged families.

Providers

The Provider may charge for meals and snacks as part of a funded early education and childcare place and they can also charge for consumables such as nappies or sun cream and for additional service such as trips. These charges must be voluntary for the Parent. Where Parents are unable or unwilling to pay for meals and consumables, providers who choose to offer the funded entitlements are responsible for setting their own policy on how to respond, with options of waiving or reducing the cost of meals and snacks or allowing Parents to supply their own meals. Providers should be particularly mindful of the impact of additional charges on the most disadvantaged parents.

The Provider shall deliver the early education and childcare places consistently so that all children accessing any of the funded entitlements will receive the same quality and access to provision, regardless of whether they opt to pay for optional hours, services, meals or consumables.

The provider should publish their admissions criteria and ensure parents understand upon registration which hours/sessions can be taken as funded provision. Not all providers will be able to offer fully flexible places, but providers should work with parents to ensure that as far as possible the pattern of hours are convenient for parents’ working hours.

The Provider shall be completely transparent with Parents about any additional charges.

Subject to Swindon Borough Council having provided its consent for Providers to do so in the circumstances set out in this agreement, Providers can charge Parents a deposit to secure their child’s funded place, but should refund the deposit in full to Parents within a reasonable timescale which shall be no later than 4 weeks after the date that the funded place is taken up.

The Provider shall not charge Parents top up fees (the difference between a provider’s usual fee and the funding received from the Swindon Borough Council) or require Parents to pay a registration fee as a condition of taking up their child’s funded place.

The Provider shall not insist Parents pay for additional hours on top of funded early education and childcare hours as a condition of accessing their child’s funded entitlement.

The Provider shall ensure that its invoices and receipts are clear, transparent and itemised, allowing Parents to see that they have received their funded entitlement completely funded of charge and understand fees paid for additional hours.

k) Funding

Local Authority

Swindon Borough Council will fund the provision of early year’s education and childcare by the Provider at the rates set out in the Declaration below. Instalments of the funding shall be payable as set out at http://schoolsonline.swindon.gov.uk/eyc/funding/Pages/ClaimProcess.aspx

Swindon Borough Council will publish the local funding process and payment timetable on Swindon Schools Online.

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Swindon Borough Council will honour a four week funded notice period when a child changes provider, unless agreement is made between all providers involved that this is waived. This will be dealt with on a case by case basis where required.

Providers

The Provider shall accurately complete and submit headcount and other necessary data returns by the date required by Swindon Borough Council to support the Swindon Borough Council to make payment.

The Provider shall not impose a notice period of longer than 4 weeks for funded places in the instance that a Parent wishes to take up a place at an alternative provider.

Providers will notify Swindon Borough Council’s designated officer within a reasonable timescale if a child is absent for an extended period of time for example sickness or travel abroad. Decisions about whether or not to hold places for children in these circumstances will be dealt with on a case by case basis by Swindon Borough Council.

l) Compliance

Local Authority

Swindon Borough Council will carry out an audit check of all funded providers on an annual basis.

Providers

The Provider shall allow the Swindon Borough Council to complete an audit to ensure compliance with the requirements of delivering funded early education and childcare places.

The Provider shall keep and maintain until six years after this agreement has been completed, or as long a period as may be agreed between Swindon Borough Council and the Provider, full and accurate records relating to this agreement including the names and addresses of Parents and early years pupils funded under it, and all payments made by Swindon Borough Council. The Provider shall on request afford Swindon Borough Council or Swindon Borough Council’s representatives such access to those records as may be required by Swindon Borough Council in connection with this Agreement.

m) Term, Termination and Withdrawal of Funding

Local Authority

This agreement shall commence on the day of signing and subject to any earlier termination, shall expire on 31st August 2019.

Swindon Borough Council will ensure on suspension of registration by Ofsted or a breach of statutory requirements or safeguarding issues that the termination of this arrangement is enforced. This may include withdrawal of funding as appropriate.

Swindon Borough Council may also terminate this funding agreement in the circumstances set out below.

Swindon Borough Council may terminate this funding agreement by written notice (such notice having immediate effect) in the event of any one or more of the following occurring:

the Provider is an individual or a firm and a petition is presented for the Provider’s bankruptcy, or a criminal bankruptcy order is made against the Provider or any partner in

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the firm, or the Provider or any partner in the firm makes any composition or arrangement with or for the benefit of creditors, or makes any conveyance or assignment for the benefit of creditors, or if an administrator is appointed to manage the Provider’s or firm’s affairs; or

the Contractor is a company, if the company passes a resolution for winding up or dissolution (otherwise than for the purposes of and followed by an amalgamation or reconstruction) or an application is made for, or any meeting of its directors or members resolves to make an application for an administration order in relation to it or any party gives or files notice of intention to appoint an administrator of it or such an administrator is appointed, or the court makes a winding-up order, or the company makes a composition or arrangement with its creditors, or an administrative receiver, receiver, manager or supervisor is appointed by a creditor or by the court, or possession is taken of any of its property under the terms of a fixed or floating charge; or

where the Contractor is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986; or

any similar event occurs under the law of any other jurisdiction; or

the Provider being in breach of any relevant legislation (including without limitation any of the act, statutory instruments and government and Swindon Borough Council guidance); or

the Provider being in material breach of this agreement.

Providers

In the instance that funding is withdrawn as required by regulation 7 (Termination of the arrangements) of the Local Authority, (Duty to Secure Early Years Provision Free of Charge) Regulations 2014 and regulation 37 (Arrangements between local authorities and early years providers: termination) of The Childcare (Early Years Provision Funded of Charge) (Extended Entitlement) Regulations 2016; the Provider shall work with Swindon Borough Council to ensure smooth transition for children affected and that any funding owed is refunded to Swindon Borough Council immediately.

n) Appeals Process

The Provider can be denied approval to offer the funded entitlements or have their funding withdrawn as set out above. The Provider can appeal against this decision.

Swindon Borough Council will offer the opportunity to meet with the relevant officers to understand the reasons for funding withdrawal and ensure all alternatives have been considered in the first instance. If this decision is not satisfactory this decision can be appealed by contacting the Head of Education.

o) Clawback of Funding

Local Authority

The Provider shall repay to Swindon Borough Council all funding received in respect of the period for which the conditions of this agreement are not met. Such sums of money that are repayable by the Provider to Swindon Borough Council shall be repayable immediately and may be recovered by Swindon Borough Council from the Provider as a debt due.

Without prejudice to any other right or remedy that Swindon Borough Council may have, in the event that this funding agreement is terminated in accordance with its provisions, the Provider shall

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immediately repay to Swindon Borough Council any funding that has been granted to the Provider for Early Years Education and Childcare that has not, at the time of termination, been provided.

5) Special Educational Needs and Disabilities (SEND)

Local Authority

Swindon Borough Council will be clear about their role and the support on offer locally to meet the needs of children with special educational needs and/or disabilities (SEND) as well as their expectations on providers.

Swindon Borough Council must strategically plan support for children with SEND to meet the needs of all children in their local area as per the SEND code of practice: 0-25 years (January 2015)

Swindon Borough Council will be clear and transparent about the SEND support on offer in the Borough, so Parents and providers can access that support.

Swindon Borough Council will establish a local inclusion fund to support providers to secure better outcomes for children with SEND.

Providers

The Provider must ensure owners and all staff members are aware of their duties in relation to the SEND Code of Practice and the Equality act 2010.

The Provider shall utilise SEND funding to deliver effective support and interventions whilst making information available about their SEND offer to Parents.

The Provider must not discriminate against children with SEND and must work with Swindon Borough Council to ensure appropriate support is in place to ensure families can access their funded entitlement at their chosen provider.

The Provider shall ensure Parents are aware of potential entitlement for Disability Access Fund and support them to apply where appropriate to ensure children with SEND are able to access their funded entitlement.

6) Family Information Directory – FID

Local Authority

Swindon Borough Council provides a digital self-update provider portal for all Ofsted registered childcare

providers in Swindon to advertise services and availabilities of places to the public.

Swindon Borough Council will ensure all Ofsted and agency registered providers who would like to be listed

on the FID have access to the provider portal that is required to self-update.

Swindon Borough Council will review the data submitted from providers before the data is published to the

public within 10 business days of submission.

Providers

All providers must complete the application form to access the provider portal and consent to all information

submitted in the self-update portal to be shared in the Family Information Directory citizen portal and

understand that by using the self-update portal consent is given to be contacted by families looking for

childcare.

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All providers are responsible to update services and availability and should do so at least once per year to

ensure the data published is accurate.

All providers who offer early education funding are required to complete the early year’s census every year

and this must be completed via the self-update service within the provider portal no later than the date

provided by the Local Authority.

7) Communication

Local Authority

Swindon Borough Council will support early education and childcare providers within the borough by

providing appropriate and necessary information by email, portal messaging and phone. This may come from

various relevant services within Swindon Borough Council.

Providers

Providers accept when signing this agreement that they agree to receive communication that the Local

Authority deem appropriate.

8) Complaints Process

Local Authority

Swindon Borough Council will take any complaints received by Parents raising concerns that their child hasn’t received their funded entitlement in accordance with legislation seriously.

Any complaints by the Provider, Parents or others should be raised with Strategic Commissioning Manager – Early Years Planning in the first instance.

If the Parent is still not satisfied a complaint can be registered through the Complaints Manager for Children, Families and Community Health. Details are available on the Swindon Borough Council website.

Providers

Providers shall ensure they have a complaints procedure in place that is published and accessible for Parents who are not satisfied their child has received their funded entitlement in the correct way, as set out in this agreement and in the Early Education and Childcare Statutory Guidance for local authorities.

Providers will co-operate fully with Ofsted and/or Swindon Borough Council if a complaint or concern is raised against them to ensure the situation can be resolved and funded places can continue to be delivered.

9) Data Protection

Local Authority

It is incumbent on both Swindon Borough Council and the Provider to ensure that any personal data as defined in the Data Protection Act 2018 is kept secure and processed lawfully and in accordance with the requirements of that Act.

Providers

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The Provider shall at all times comply with the requirements of the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (the “Act”), including maintaining up to date registration with the Information Commissioner’s Office.

The Provider shall ensure that it has given each Parent, all relevant members of its staff, childminders, and, if the Provider is a partnership, its partners adequate notice of use of personal data (as defined in the Act). That notice should cover disclosures of personal data that are required to be made to HM Government including disclosure required by the early years census form, childcare sufficiency assessment, workforce qualification questionnaire for the purposes of administration, research, policy making and government purposes.

Where the Provider is processing personal data on behalf of Swindon Borough Council it shall do so only in accordance with the written instructions of Swindon Borough Council.

The Provider shall not transfer or cause to be transferred any personal data outside of the European Economic Area.

The Provider shall ensure that it has in place appropriate technical and organisational measures to ensure the security of the personal data (and to guard against unauthorised or unlawful processing of the personal data and against accidental loss or destruction of, or damage to, the personal data), as required under the sixth Data Protection Principle in Part 3 Chapter 2 to the Act..

Where the Provider is an individual or individuals it consents to the personal data of that/those individuals being disclosed to HM Government as described in this clause and for the purposes of clause 15 of this agreement (maintaining a public register of early years education providers).

10) Freedom of Information

Local Authority

Swindon Borough Council is subject to the requirements of the Freedom of Information Act 2000, the Environmental Information Regulations 2004, The General Data Protection Regulations and The Data Protection Act 2018 and Local Government Acts. From time to time Swindon Borough Council has to answer enquiries under these laws and regulations in relation to such enquiries.

Providers

The Provider agrees to assist and cooperate with Swindon Borough Council in a timely fashion to enable Swindon Borough Council to comply with information requirements under these Acts.

11) Assignment and Sub-Contracting

Providers

The Provider shall not transfer (assign) or sub-contract this Agreement without the Swindon Borough Council’s prior written consent.

12) Whistleblowing

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Providers

Swindon Borough Council has a whistle blowing policy to encourage its employees and the public to bring into the open issues concerning dishonesty involving Swindon Borough Council. The Provider shall ensure that its staff are made aware of this policy which is available on Swindon Borough Council's website.

13) Fraud

Providers

The Provider must take all reasonable steps to prevent any fraudulent activity by its staff, shareholders, members and directors in connection with payments from Swindon Borough Council. The Provider must tell Swindon Borough Council immediately if it has reason to suspect that any fraud has taken place or may take place in connection with this Agreement.

14) Notices

Local Authority

Notices sent pursuant to this Agreement by the Provider to Swindon Borough Council shall be sent to:

Strategic Commissioning Manager – Early Years, Swindon Borough Council, Wat Tyler House, Swindon, SN1 2JH.

Letters containing notices will be deemed to have arrived 2 Working days after being posted. Letters containing notices delivered by hand on a Working Day before 4.00 PM will be deemed to have been delivered that day. Letters containing notices delivered by hand after 4.00 PM or on a non-Working Day will be deemed to have been delivered on the next Working Day.

If Swindon Borough Council changes its contact person or its notice address it will give the Provider notice sent by letter to that effect.

Providers

Notices sent pursuant to this Agreement by Swindon Borough Council to the Provider shall be sent to the address provided on the form entitled ‘Declaration’ at the end of this agreement.

The requirements for the service of notice shall be as set out in the above section for the Local Authority.

15) Confidentiality

The Parties shall:-

(a) treat all Confidential Information belonging to the other as confidential and safeguard it accordingly; and

(b) acknowledge that some Confidential Information may have to disclosed pursuant to a statutory, legal or parliamentary obligation.

Swindon Borough Council and the Provider acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the Freedom of Information Act 2000, the text of this Agreement, and any schedules to this Agreement, is not Confidential Information. Swindon Borough Council shall be responsible for determining in its absolute discretion whether

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any part of this Agreement or its schedules is exempt from disclosure in accordance with the provisions of the Act.

For the purposes of this clause “Confidential Information” means any information which because of its nature might reasonably be regarded as confidential.

16) Dispute Resolution

In the event of a dispute arising between the Parties, it shall in the first instance be subject to the escalation process outlined in clause 18 (Appeals). If the dispute cannot be resolved Swindon Borough Council and the Provider shall attempt to resolve it by way of mediation. In after three months the dispute remains unresolved following that process either Party may refer the matter to the courts of England and Wales.

17) Contracts Rights of Third Parties Act

Nothing in this Agreement gives any third party any benefit or any right to enforce any term of this Agreement and for the avoidance of doubt the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from this Agreement.

18) Entire Agreement

This Agreement is the entire agreement between Swindon Borough Council and the Provider concerning early years provision.

19) Scope of the Agreement

The Provider and Swindon Borough Council are not in partnership, contract of employment or joint venture. The Provider does not and shall not act for Swindon Borough Council.

20) Prevention of Corruption

To help ensure that any payment made under this Agreement by Swindon Borough Council is used properly and in accordance with this Agreement Swindon Borough Council may end this Agreement and recover all its loss if the Provider, the Provider’s employees or anyone acting on the Provider’s behalf do any of the following things:

(a) offer, give or agree to give to anyone any inducement or reward in respect of this or any other Council contract (even if the Provider does not know what has been done); or

(b) commit an offence under the Bribery Act 2010 or Section 117(2) of the Local Government Act 1972; or

(c) commit any fraud in connection with this or any other Council contract whether alone or in conjunction with Council members, contractors or employees.

21) Interpretation

For the purposes of this agreement:

(a) “Agreement” shall mean these terms and conditions, the signed and returned declaration and the schedule(s) to this agreement;

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(b) “Parent” shall mean any parent or any kind of legal guardian; (c) “Working Day” shall mean a day (other than a Saturday or Sunday) on which banks are open

for domestic business in the City of London; (d) references to any law or regulation shall the law or regulation as amended or re-enacted

from time to time; (e) references to any person shall include people or organisations of whatever type; and (f) the word “including” is to be interpreted as if it was followed by the words “without

limitation”.

22) Governing Law

This Agreement shall be governed by and interpreted in accordance with English law.

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2018/2019 Declaration

Updated to reflect rate changes from April 2019 Name of Provider: ____________________________________________________ Ofsted/Agency Number: ____________________________________________________ Type of Provision: ___________________________________________________ Early Education Funding Rate: I would like to opt for the following funding rate for 3 and 4 year old funding (Please tick);

Funded rate per hour

Please tick which rate applies to your setting. Please note this will be audited and if it is found that an incorrect rate has been selected any overpayment will be clawed back by Swindon Borough Council

Base rate £3.86 + £0.14 enhancement = £4.00 per hour. Providers who deliver funded places term time only, and offer funded sessions for fewer than 10 hours per day.

Base rate £3.86 + £0.14 enhancement + £0.35 flexibility supplement = £4.35 per hour. Providers who deliver funded places all year round (at least 48 weeks of the year) and offer funded sessions for fewer than 10 hours per day. or offer funded sessions consecutively for 10 hours per day or more and term time only/fewer than 48 weeks per year.

Base rate £3.86 + £0.14 enhancement + £0.70 higher flexibility supplement = £4.70 per hour. Providers who deliver funded places all year round (at least 48 weeks of the year), and offer funded sessions consecutively for 10 hours per day or more.

Payment frequency I would like to opt to be paid (please tick); Monthly Termly

* Two year old funding is paid at a rate of £5.32 per hour for all providers.

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Tick all registration lists you would like to be included on: 2 year olds 3 and 4 year olds Family Information Directory (FID) Owner/Chair of Committee/Chair of Governors: Signed: _________________________________ Date: ______________________ Name: ______________________________________________________________ Address: ____________________________________________________________ ____________________________________________________________________ Email: _______________________________________________________________ Witnessed by: Signed: _________________________________ Date: ______________________ Name: ______________________________________________________________ Address: ____________________________________________________________ ____________________________________________________________________ Email: _______________________________________________________________ [Note to Providers for companies and plc’s a director and witness must sign. If the Provider is a

partnership all partners should sign. If the Provider is a trust all trustees must sign (unless 2 trustees

are permitted to sign). If the Provider is a sole trader, the sole trader must sign and the signature

must be witnessed]

Swindon Borough Council agrees to fund the provider in accordance with the terms of this agreement and the Early Education and Childcare Statutory Guidance for Local Authorities 2017.

Signed: _________________________

Name: Danielle Maundrell

Date: March 2019

Position: Strategic Commissioning Manager

Signed: _________________________

Name: Lynn Mayneord

Date: March 2019

Position: Early Years Funding Officer