30 hour free childcare - Council making up their own rule

gggrrr

Hi

We are both working parents and have always been entitled to 30 hours free childcare for the last few years. Our full entitlement is 30 hours for 38 weeks in any given year.

Since 01 September 2018 we have only used 29 weeks up to end of March 19. We started at nursery again 01 July 2019 and have been told we are only entitled to 30 hours per week until 17/07/19 (end of term) but we could stretch it to 22 hours a week until our daughter starts reception in september. Note we have only used around 700 of the 1140 hours we should be enittiled.

Now I have read the Childcare Act 2006, Childcare Act 2016 and all associated statutory regulation. None of which state the 30 hours per week for 38 weeks has to be during term term. Even the department of education guidance states councils need to be flexible. There is no mention the 38 weeks have to be during term time or that they have to be consecutive weeks. Also there is no mention about stretching the hours in the legal acts and regulations. As far as I can see, it's just 30 hours for 38 weeks in any given year.

Having spoken to the council they have software that only offers a binary choice of 30 hours during term time or 22 hours over 52 weeks. They cannot edit it so my daughter gets her full entitlement until September.

I have put in a complaint.

Can anyome advise on this as my research shows I am right to complain but I'm not an expert.

[Deleted User]

Can't point you to the law but that is standard practice for nurseries here in liverpool. Term time or reduced hrs stretched.

ETA https://www.pacey.org.uk/news-and-views/news/archive/2016-news/april-2016/30-hours-update-faqs-on-the-free-childcare-extend/


More...
http://www.legislation.gov.uk/ukpga/2016/5/section/1/enacted

Very first line says..."The Secretary of State must secure that childcare is available free of charge for qualifying children of working parents for, or for a period equivalent to, 30 hours in each of 38 weeks in any year."

gggrrr

Thanks. People can see from the links that the councils think 30/week only applys to term time but the legal position is just 30 hours for 38 weeks on a given year.

[Deleted User]

gggrrr wrote: »

Thanks. People can see from the links that the councils think 30/week only applys to term time but the legal position is just 30 hours for 38 weeks on a given year.

Good luck, can't see it getting anywhere within the timescales you'll need

gggrrr

_shel wrote: »

Good luck, can't see it getting anywhere within the timescales you'll need

Thanks, I agree about the timescales, part of this is my curiosity and the other part is why I have to pay over £500 in extra childcare fees but will have unused free childcare which, I believe, should be used. (putting my daughter in for 3 days a week which the 30 hours would normally cover)