Blog Posts

Today is World Mental Health Day and the focus this year is on prioritising mental health in the workplace.

The Health & Safety Executive say that around half of work related ill-health is down to stress, depression or anxiety and that the law requires all employers to prevent work-related stress and support good mental health in the workplace by doing a risk assessment and acting on it.

We know that many staff members and managers over the last few years have found it particularly difficult and are feeling worn down and tired out.

We also know that most people working in the early years and play sectors are doing it because it’s something that they really believe in and where they feel they can make a difference.  Add in that feeling of there never being enough time or enough money in settings, and a workforce who often have other caring responsibilities outside of work, are generally on low incomes and may be facing their own health challenges - it’s amazing that any of us are still making it in to work!

So as a part of this workforce (either a manager, committee member or part of a team) what can you do to support your team?

At PATA over the last few years we’ve introduced a number of things to try to support staff wellbeing, but much as we’d like to, we can’t magic up a big budget to bring in lots of initiatives so like most charities, it has to be done on a shoestring.

So what have we done to put wellbeing and supporting mental health front and centre that you might also be able to implement?

• At our ‘first day of term’ inset day we had the main session on wellbeing with lots of practical suggestions from the speaker.  We’ve reminded staff of these over the last few weeks including sending out hand cream to settings as one of the activities was a calming hand massage.  You might not be able to have an inset day but could you ask a staff member to run a short activity in a staff meeting?
• Our Supervisions include questions on wellbeing – both in setting and in your home life and we really encourage all managers to have open conversations on this with their staff.
• We got some staff trained as Mental Health First Aiders.  Sometimes it’s good to have a designated person who isn’t a manager available for a chat.  They aren’t mental health professionals, but they do have some tools available to signpost to and are a listening ear.  There are still free Level 3 courses around for this if you want to get someone trained.
• We have a ‘Wellbeing section’ on our staff website with lots of links to resources that staff can access to support their wellbeing both in and out of work.  You might not have a website where you can do this but you could have a board somewhere at work – even if it’s on the back of the toilet door!
• We have a ‘Wellness Access plan’ template available for staff to use.  This can either be done on their own or worked through with their manager.  It can help to identify small changes that can be made to support their workplace experience. As a PATA Member you can access this in the Wellbeing Section of the PATA Members Area (within Employees & Recruitment here) 
• We signpost to lots of different websites and organisations that offer wellbeing support – we aren’t trained mental health workers and sometimes people need support from specialist services.  Being able to signpost effectively and having staff know that it’s ok to ask/talk about something but that you might not be the right person to help them is a great part of an open and supportive culture.  

We definitely don’t have all the answers and we’d love to hear what you have put in place and what has worked or not worked!

Below are some links that you might find helpful, and don’t forget that we can organise bespoke training including on wellbeing for your staff.  Just get in touch at training@pataglos.org.uk

Useful links:

Marie Curie: Bereavement Support: https://www.mariecurie.org.uk/help/support/bereaved-family-friends/work/employee-resources

GDASS: Supporting victims of domestic abuse - https://www.gdass.org.uk/

Healthy Lifestyles Gloucester: Supporting healthy choices - https://hlsglos.org/

Mental Health Foundation: supporting mental health - https://www.mentalhealth.org.uk/

If Morton Michel are your insurers for your setting, your staff can access a free 24/7 counselling helpline on 0333 000 2082. The helpline is run by ARAG qualified counsellors and are able to provide telephone support on any matter causing upset or anxiety – from personal problems to bereavement. If longer term support is required, you can be assigned to a counsellor to for weekly/ fortnightly meetings for up to 6 sessions.

With the time pressures of working in Early Years and Play settings, it is often difficult for setting Managers, Owners & Committees to keep abreast of the continual changes to employment law. We have put together a summary of key employment changes to be prepared for and how they might affect the running of your setting.

Minimum Wage Increases and Age Band Changes – 1 April 2024

From 1^st April the National Minimum / Living Wage (NMW / NLW) increases became effective and the age bands changed as below:

• NLW for workers aged 21 and over                                       : £11.44 per hour
• NMW for workers aged 18 – 20                                              : £  8.60 per hour
• Young workers aged 16 – 17                                                  : £  6.40 per hour
• Apprentice rate (19 or over and in 2^nd year onwards)            : £  8.60 per hour
• Apprentice rate (aged under 19 or 19+ and in 1^st year)         : £  6.40 per hour

Remember to check your staff ages as the NLW age band has reduced to 21 and over (previously 23 and over) and the new rates became effective from the 1^st April, not the date of your payroll.  Don’t forget to budget for the additional pension and employers NI contributions (where applicable) and if a salary increase is applicable a new contract variation letter will need to be sent to each employee.

Statutory Holiday Pay & Holiday Accrual – 1 April 2024

The rules on holiday pay have changed meaning that for people working irregular hours, or who are part year workers, rolled up holiday pay (where holiday is paid in the same pay period that it is accrued) is permitted and a 12.07% accrual method for calculating holiday pay will apply.  It must be clear on the employee’s payslip each month what is ‘normal’ pay and what is holiday pay.

The rules changed from 1^st April 2024, but can only be applied to a new ‘leave year’.  If your leave year, like ours, starts in September, this won't apply until 1^st September 2024. 

Note: Rolled up holiday does not mean a pay rate that includes holiday entitlement.

Flexible Working – 6 April 2024

Previously any employee who had worked in an organisation for 26 weeks or longer was entitled to make one formal flexible working request during any 12-month period. The Employment Relations (Flexible Working) Act 2023 came into effect from 6^th April 2024 and this means the following:

Employees:

• have the right to request flexible working from day one of employment.
• can submit two flexible working requests in any 12-month period.
• no longer need to explain the effect the change will make to the employer and how this may be dealt with.

Employers:

• must respond within 2 months (previously 3 months).
• must consult with employees before a flexible working request can be refused, including exploring alternative options.

ACAS have produced a draft Code of Practice on handling requests for flexible working which can be found on the link here. 

This Code provides guidance to employers and employees on the statutory right to request flexible working as set out in the Employment Rights Act 1996 (as amended) and regulations made under it.

Having a clear policy and procedure for handling statutory requests for flexible working can be helpful in making everyone aware of what is expected even if you already operate an informal flexible working request system.

Carer’s Leave Act 2023 – 6 April 2024

This is a new act that allows employees with caring responsibilities to take one week’s unpaid leave per year to give or arrange care for a dependant who has:

• a physical or mental illness or injury that means they’re expected to need care for more than 3 months
• a disability (as defined in the Equality Act 2010)
• care needs because of old age

A dependant could be a spouse, civil partner, child, parent or person who lives in the same household as the employee and relies on them for care.

This is a day one right (i.e. it applies from the first day of employment) and the following applies:

• The leave is unpaid if taken.
• The leave can be taken as half days, full days or in blocks.
• Entitlement is one week in a rolling 12 month period.  (If an employee works 4 days per week, they can take 4 days of carer’s leave.)
• Notice of a minimum of 3 days must be given for a half or one full days’ leave. If the request is for more than one day, the notice period must be at least double the time requested e.g. 2 days requested, 4 days’ notice must be given.
• The request does not have to be in writing.
• Employees do not need to give evidence of their dependent’s care needs.
• Employers cannot refuse a request for carer’s leave but they can ask the employee to take it at a different time.  This can only be done if the employee’s absence would cause serious disruption to the setting.  If delayed the employer must:
• • agree another date within one month of the requested date for leave
  • put the reason for the delay and the new date in writing to the employee within 7 days of the original request, and before the requested start date of the leave.

We know that a lot of employees in the early years and play sector do have caring responsibilities and that lots of settings are already flexible and where possible (taking account of ratios) accommodate staff needs. As such, you are probably already meeting the requirements of this new legislation.  You should ensure that your policies reflect this and are applied consistently and fairly.

Paternity Leave - April 2024

The Paternity Leave (Amendment) Regulations 2024 came into force in April.  The changes aim to make paternity leave more flexible for parents.

Parents now have the option to split their two weeks of statutory paternity pay into two separate week-long blocks.  These can be taken at any point in the 12 months after the birth (or placement in the case of adoption) and the parent only has to give 28 days notice of when they want to take the leave. 

Previously it was necessary to give 15 weeks notice in advance of the expected birth or adoption date of the dates when the parent intended to take the leave.  Now they must notify the employer of their eligibility 15 weeks before the expected birth or adoption date, but only need to give 28 days notice of the actual dates that they intend to take.

Redundancy Protection – 6 April 2024

The Protection from Redundancy Act (Pregnancy and Family Leave) came into force on 6^th April 2024. This means that employees who are pregnant or returning from maternity, adoption or shared parental leave will gain priority status for redeployment opportunities in a redundancy situation for a period of up to 18 months after the birth of the child (the actual amount depends on the type of leave taken). This is extending the right which previously only applied to those on maternity, shared parental leave or adoption leave.

Priority status means that these employees should have priority access to redeployment opportunities over other redundant employees. It doesn’t mean that they can’t be made redundant at all.

We recommend that you update your policy to reflect this extension of the redundancy protection but if you find yourself in this situation, we strongly recommend that you take professional advice.

IR35 – 6 April 2024

This is related to self-employed contractors and PAYE. It shouldn’t be an issue as you shouldn’t have anyone self-employed in a setting.  If you have, contact us for more information.

TUPE consultation – 1 July 2024

From 1 July 2024, settings with fewer than 50 employees undergoing TUPE transfers will be able to consult directly with employees if no representative is in place already.

Predictable Working Pattern – expected September 2024

This act relates to employees whose hours of work lack predictability such as agency workers, those on zero-hour contracts or contracts that specify core hours that can be varied according to an organisation’s needs.

The Act applies to any worker where there is a lack of predictability in relation to the work that the worker does for the employer or in regard to any part of the worker’s work pattern. This covers a range of things including the number of hours worked, the days of the week worked, the times worked on those days, and the length of the contract.

Whilst employers will have a requirement to respond within a month to such requests, it does not mean that employees will have their working pattern automatically changed. It is only a right to request a change. Employees can only make a request twice in a 12-month period and only for certain circumstances. It is anticipated that there will also be a requirement for employees to have worked a minimum of 26 weeks for the employer, and 12 weeks continuously in that time. Employers should follow an appropriate procedure to ensure the statutory rights of the employee. A consultation on the accompanying statutory code ran until January and the responses are currently being reviewed. Until the final version of this is published you can find the draft code here. 

This is unlikely to affect many settings as even for bank staff who may be on zero-hour contracts, the timings and days will be relatively consistent.

Neonatal Care (Leave and Pay) Act - expected date TBC (possibly 2024, more likely April 2025)

Under this Act, employees who are parents of premature babies who are cared for in a health setting for more than one week before they reach 28 days of life will be entitled to 12 weeks of additional paid leave.

This legislation will apply to employees who have been employed for a minimum of 26 weeks prior to leave being requested with an average earning of least £123 a week.

Other employment legislation to look out for which may affect some Early Years or Play settings:

Immigration - expected Spring 2024

There have been a number of announcements aimed at restricting work migration from Spring 2024:

• Increasing the minimum salary requirements under skilled worker route
• Removing the salary discount for jobs on the shortage occupation list
• Increasing the financial threshold for family applications

Should any settings utilise these programmes they should revisit their policies and practices in these areas as it is foreseen that settings using these will incur increased costs.

Fire and rehire – expected Spring 2024

The final version of the Statutory Code of Practice on Fire and Rehire is expected Summer 2024.

Christmas is coming and social media is full of hundreds of craft activities, outings and reels of beautiful children dressing beautiful trees.  Settings have tough trays of Christmas themed activities and home corners have become Elf workshops.

But is this really what our children need?

Without wanting to sound like a Grinch, honestly I’m not sure.

It’s great to enter into the Christmas spirit and you probably wouldn’t be working in early years or play if you weren’t a fan of glitter and dressing up, but as we build our children’s cultural capital here are a few things to be aware of:

1. Are we suggesting that Father Christmas and the presents he brings are linked to behaviour?  It’s really easy to slip into the ‘be good or your won’t get presents’ mode, but since we all know it isn’t the ‘man in red’ who is providing the presents, we could be setting our children up for disappointment and a sense of failure. There will be children in your setting who won’t be getting presents this year (or maybe any other) because of financial concerns and that has nothing to do with the child’s behaviour.  Or maybe you have children whose families don’t celebrate Christmas so they won’t be getting presents either. 

It's also good to be wary about list writing (even though letters to Father Christmas can be a great writing activity) and particularly about promising that the letter will get to Father Christmas and the child will get those presents.  We’ve all heard of parents scrabbling around for a last minute must have after a surprise request at a late visit to Santa so let’s not add to the pressure by promising that he’ll bring what has been asked for.

Even families who do have the resource to give presents and are celebrating often do it differently. In my family Father Christmas only ever brought presents that went in the stocking, so small things, stationary, chocolate etc.  Some families have the main present from Father Christmas and some say everything under the tree has come on the sleigh.  Let’s not presume we know and be careful with what we imply is ‘correct’.

2.       Are we really being inclusive?  If you have children from different cultures and religions are you inadvertently making them feel ‘less’ because their own traditions aren’t celebrated in the way that Christmas is?  Did you have a tough tray out for one afternoon for Diwali or something short about Eid, then spend 3 or 4 weeks entirely engrossed in Christmas?  Or do you have children from different countries who have alternative stories about Father Christmas?  My children grew up in Eastern Europe with ‘Uncle Christmas and the snow queen’ and were very surprised to find Elves and Rudolph when we came back to the UK.  Several European countries have Sinterklauss which can be a great tradition to incorporate in our celebrations. Make sure you’re giving space for other stories and not presuming (or implying) that your way is ‘right’.

And what about our neurodivergent children?  Are we making sure that they’re able to keep ‘safe’ routines, quiet spaces and not be pushed into joining in things that are for parents benefit and not theirs?

We also need to be mindful of children whose family life isn’t what we might hope for.  The emphasis on Christmas as a family time can bring up all sorts of feelings for these children.  You may have children who are or have been in care, or children who live in homes where life is chaotic or they experience or see domestic violence.  For them Christmas may be a confusing or stressful time.  We can inadvertently add to this unless we’re mindful of what we are doing and saying.  

3.       Are we really being child led?  Some settings are amazing at this all year round, and then come December it’s all about the perfect Christmas card and product over process. We run a Christmas card competition every year and the entries that we put through to the public vote are the ones that look like they’ve had least adult input.  That’s meant we’ve had a Christmas lobster and a snowman squelch but it’s the child’s expression that’s important.   

We know that parents love a Christmas performance and for many it will be the first time seeing their child in this type of activity so there can be a lot of expectation.  Some settings use the Story Telling, Story Acting (Helicopter Stories) method as a more low key way of delivering a nativity.  If your children are used to this approach it can be really effective.  You can see an example of this here.

So hear us right! We’re absolutely not saying don’t celebrate Christmas in all it’s glittery wonder, and we’re absolutely not saying you’re doing things wrongly.  We’re just saying take a step back, make sure everyone is feeling included, that what you’re doing is for the children’s benefit and maybe take a little bit of pressure off yourselves and your families in the run up to Christmas.

Here are some links to resources that you might find helpful:

Descriptions of different traditions from countries around the world: https://www.teachearlyyears.com/learning-and-development/view/christmas-traditions 

Lesson plans and activities that you can use: https://www.educationworld.com/a_lesson/Christmas-Around-the-World-Lessons-and-Activities.shtml

Info on supporting children with additional needs and disabilities (also useful for sharing with parents):  https://parents.actionforchildren.org.uk/additional-needs-disabilities/support-home-school/send-christmas/

Domestic violence at Christmas:  https://www.ringroselaw.co.uk/2023/11/21/domestic-abuse-at-christmas-2/

The biggest issue that we’re hearing from settings at the moment is that staff are finding life in setting pretty tough.  This is taking many forms – some due to child behaviour, some due to the number of children presenting with potential SEND and some to do with staff’s own wellbeing.  Unfortunately we don’t have a magic wand to rustle up additional support or funding to make things easier (and we’re pretty sure you don’t either!) but this blog is firstly to say that if this is you, you’re not alone, and secondly to suggest a few practical things that you can try if you haven’t already!

The cohort of children who are now in Early Years settings have undoubtedly been affected by the pandemic.  In their ‘Best start in life Part 1’ document the government say:

“Children in early years settings today will have spent a good proportion of their lives in the pandemic. They have had fewer opportunities for social interaction beyond their immediate family because of lockdowns and social restrictions. Our research into education recovery in early years providers found that these children’s communication and language skills were not as strong as those of previous cohorts. Their social skills, such as turn-taking and sharing with other children, were also less developed.”

While recognising this doesn’t make dealing with the behaviour any easier, at least we can see where some of it is coming from.  The behaviours and opportunities that these children had in the first months and years was so significantly different from what came before that we almost need to start from scratch with our assumptions and expectations.  It’s also important to remember that every child’s experience of the pandemic, and therefore it’s impacts were different.  Some children benefited from parents on furlough with lots of time to spend in the garden or doing activities with them, some children were effectively locked in flats with no outside space and some families experienced extreme stress.  There is no one common experience, except that life changed.

So if we need to accept that these are children with a completely different early experience, maybe we need to have more flexibility in our thinking about where children ‘should be’.  At the PATA Managed Group inset day back in September, our staff attended training with Tamsin Grimmer on ‘Terrific Two’s’.  At the time some staff probably wondered why they were doing it as they only work in a preschool room, but we know that some of the behaviours we would usually expect in 2 year olds are presenting in the older children.  (You can book a similar course with Tamsin here: www.pataglos.org.uk/event-5327393).  Having the tools to deal with this can help reduce frustration and reframe our thinking on the children that we’re working with.

We can’t get away from the fact that many settings are telling us (including our own PMGs) that more and more children are presenting with what appear to be specific SEN needs.  There’s lots of thinking about why this is, including that we’re just better at identifying them earlier.  We know that there are huge issues in being able to access the support and funding that is really required, and frustration at the level of paperwork required to even get started on this road.  There is some good news – in Gloucestershire we understand that the Educational Psychology team are re-engaged with Early Years and there is an Educational Psychology Services (EPS) daily help line available from 9:30 to 12:30pm on 01452 427070.  We also have various training courses and if there’s something that you are looking for but we aren’t offering, get in touch and we’ll see what we can do.

We sometimes get asked about setting admissions policies to limit the number of children with SEN in a setting and while we understand fully why you might want to do this, we would recommend exercising caution.  You need to balance the right to inclusion against the needs of your existing children and your staff.  Inclusion should always be the first priority and your ‘ordinarily available provision’ should show that you will truly consider the needs of each child and try wherever possible to provide a space for them.  Very occasionally though you may have to say no.  This could be because of a physical barrier – e.g. some settings in older buildings with multiple floors would struggle to accommodate a child in a wheelchair – although you should consider if you can move things around enough to allow this to happen, or occasionally you might need to suggest looking for other provision where the balance of children with e.g. 1:1 support means that you cannot accommodate any more.  We know of one setting who in a cohort of 28 had 6 children who required 1:1. Obviously having an additional 6 adults in the room is going to affect the provision and so either you would need to limit the number of sessions so that all children get some space, or you would help the family to access other local provision. It can also be helpful to ‘spread the load’ with your staff – if a child needs 1:1 support (especially where you don’t have funding) assign different people at different times to support them.  Being 1:1 for a whole day can be incredibly draining and it can be good for a child to have a different approach at different times.

If you are in a position where you are having to make decisions such as this then you must note down objectively why you are making the decision that you are.  This will help you to explain to the parents and also provide evidence of the rationale for your decision.

So what can we do to help staff to keep going?

Reassure that it’s not just them: we’re hearing the same things from many settings and staff that we speak to.

Reset expectations: being realistic about the situation now (and not thinking back to how things have been in the past) can be really helpful in creating a positive environment.

Refresh training to give staff tools to handle the situations that they are in: feeling confident and supported goes a long way to building a strong team.

Reflect – it’s easy to get so head down that you forget the good stuff.  Look for the ‘inch-stones’ instead of the milestones and celebrate the successes however small they might be.

Relax – try and make sure that all staff are sharing the load and getting the time out that they need.  Sometimes someone just needs a few minutes of quiet or a cup of tea and they’re ready to re-set.  Make sure you have a culture of switching off at the end of your working day and encouraging other staff to do the same.

Our last blog in October was about staff wellbeing and highlighted some tools that you can signpost staff to which will support their mental health and general wellbeing.  We strongly recommend having a look at what is available and maybe having some info up in your setting that everyone can access. 

We put a lot of focus on building the resilience of children in our settings but we need to ensure that our staff teams also have tools to help themselves. We know that many people are finding things tough both in and out of work so anything we can put in place to support our staff teams is invaluable.  Let us know if there’s anything that you think PATA could do to help!

Recently PATA were fortunate enough to be invited to a Healthy Workplace event hosted by the VSC Alliance who are an organisation set up to represent the voice of the Voluntary, Community and Social Enterprises of Gloucestershire.

We went along to the event with interest and were introduced to a whole host of wonderful, useful, free and easy to access services to signpost staff to regarding healthy living and wellbeing, which we wanted to share with you, our members.

In March 2023 AXA conducted a survey about stress in the workplace which highlighted some concerning statistics:

• Work related stress cost the UK £28,000,000,000 in 2022
• 47% of the country are struggling with mental wellbeing.

Early Years and Out of School settings are already stretched for time, resources and money and being able to adequately address the problem of the wellbeing of their staff and volunteers can feel like an insurmountable challenge.  The danger is that it is so overwhelming that it just gets ignored or put to the bottom of a long ‘to-do’ list and it’s never addressed.  With the recruitment and retention issues in the sector (including for managers!) you can’t afford not to be looking after the health and wellbeing of your team.

The NHS mental health and wellbeing provision locally and nationally is already stretched to maximum capacity, with people seeking help being put on waiting lists for up to 6 months or longer to access free or affordable support. This can be soul destroying and worsen the mental health of an individual. Settings need to be able to signpost their staff towards quick, accessible resources that can care for their immediate requirements.

Here are a few options that we’ve heard about which might help:

The Wellbeing Line provides a confidential mental health and wellbeing support for anyone working within health and social care in Gloucestershire.  They confirmed to us that they would include anyone working in the Early Years or Playwork (OOSC) sector in their remit.  It was set up in November 2020 in response to the coronavirus pandemic to provide support to health and social care staff in a proactive, rapid way. When the initial funding stopped, Gloucestershire ICB (Integrated Care Board) decided that it would fund The Wellbeing Line for another year until March 2024 and they are hoping to continue for the long term as they recognise it as a valuable resource. 

Their phone lines are currently open 9:00am – 4:30pm Monday to Thursdays and 9:00am to 12:30pm on a Friday and there is also an email contact. They say that 100% of their initial contacts are answered within two days and up to 78% of their calls for help are currently responded to in one day.  They did emphasise that they aren’t a crisis service so if you have a staff member in a crisis situation (i.e. they need immediate and urgent help) they should go through the NHS crisis team.

As well as support for individuals they also offer consultations with managers and leaders, which might be you looking for advice on how to support a team member, or something more specific or at an organisational level. Their wellbeing team also run health and wellbeing champions forums which you can take part in (so why not have someone from within your setting designated as the champion).

 

The service can be accessed confidentially and free of charge on 0300 421 7500, email: hello@thewellbeingline.co.uk or Visit: www.thewellbeingline.co.uk for more information.

As well as addressing mental health issues we all know that our physical health can make a big difference to our daily lives. Healthy Lifestyles Gloucestershire is another proactive service that you can signpost your staff towards with concerns relating to keeping active, alcohol, healthy eating, weight, smoking or even support when you are a mum to be or mum  returning to work and struggling to keep up with work, baby and life beyond.

Staff will be contacted within 3 working days of signing up and the Healthy Lifestyles team will provide them with weekly support (for up to 12 weeks) in person, over the phone or online.

To access the service, you can call 0800 122 3788 or for more information visit www.hslglos.org.

The criteria for accessing this service are that you must be:

• over 18 years of age (12 years of age for smoking cessation support)
• registered with a GP in Gloucestershire or live in a GL postcode (see below if you are outside of this)

The programmes are aimed at those who are either:

• Currently smoking tobacco
• Have a BMI over 25 
• Have current physical activity levels of under 150 minutes per week or
• Approaching alcohol dependency

Although the service is only offered to mainly contacts within GL postcodes, they can help with some additional postcodes within the county as well and Healthy Lifestyles are happy to help you with contacts in other areas that you are operating in as there are similar services set up throughout the UK by local councils.

Alternatively if staff are interested in improving their health but want a more ‘hands off’ approach, they can download a free app called Best-You from the App store or Google Play. You can find out more about the app here: https://www.hlsglos.org/programmes/best-you-app/ 

Healthy Lifestyle Gloucestershire also run MECC (Making Every Contact Count) training which is available for front line staff and volunteers. This will give confidence in everyday situations to give concise health information as part of normal conversations.  This could be particularly helpful for staff who have direct contact with parents who might benefit from this type of support.  This is free training which you can book onto by clicking on the following link Healthy Lifestyles Gloucestershire Events | Eventbrite.  If you want to find out more about MECC you can see an NHS document here https://www.england.nhs.uk/wp-content/uploads/2016/04/making-every-contact-count.pdf

Health and wellbeing at work can be affected by other things going on in staff’s home life and whilst we can’t fix everything, knowing where to signpost to can be helpful.  At the event we listened to a presentation from ARA Gambling Service who provide support for those affected by gambling, either as an individual or as the family of someone with a gambling issue.  ARAG can be contacted by

Email: info@recovery4all.co.uk, Social media: @ARArecovery4all or for more information you can visit www.recovery4all.co.uk

To bring together information about all these services for your staff, you may find it useful to write a wellbeing policy to support your setting. The Healthy Workplace Gloucestershire, a free initiative (funded through the public health service) provides advice and help to guide you through how to adapt your policies and procedures to optimise the wellbeing of your staff/volunteers within your setting.

Most settings will already be supporting their staff through all sorts of ways, including organising team social outings, mental health and mindfulness awareness, regular team meetings, supervisions and your employee and volunteer contract pack with induction when they commence employment with you. If you want to consider all the wellbeing support that you offer and maybe improve it where needed then you might want to join the Health Workplace Awards.

This is a scheme that guides you through the information you may already have in place and helps you to focus on areas that need improving. Similar in style to Investors in People, this is a free of charge scheme. You can become accredited with a Foundation Level Award and if successful implementing this scheme within your organisation, you may like to go on and complete the Enhanced Level Award. Once the award is achieved you can add the award logo to your social media, website and policy documents. The scheme can help support you with initiatives you would like to implement within your organisation, such as Health and Safety, Back Pain and Prevention, Alcohol and substance misuse, Mental Wellbeing and Stress, Personal Health, Healthy Eating, Stop Smoking and Physical Activity. To sign up to the awards programme and for further information on Healthy Lifestyles Gloucestershire visit www.hwglos.org

If you are interested in developing your health and wellbeing within your organisation but do not have the funding, the VCS Alliance have launched their new funding initiative called Small Grants for Workplace Wellbeing which opened this week.

The VCS Alliance are inviting applications from the VSCE sector groups and organisations in Gloucestershire seeking to implement ideas that support employer / and or volunteer wellbeing. A maximum of 40 grants will be given to successful applicants worth £500.

The criteria to apply are as follows:

• Your application must have a clear rationale for how your proposal is linked to wellbeing. Examples include: A team day or social event, Coaching sessions, Backfill to enable an organisation to work towards the Healthy Workplace award, Personal wellbeing, Entry to sports facilities, Entry to green spaces, Access to a wellbeing app
• One application per organisation
• Turnover less than £500,000
• You must have a business bank account
• Grant must be spent by 31^st January 2024
• The money can’t be used to fund any service or treatment that should be provided by the NHS

If you are interested in applying for the grant, you can click on the following link Small Grants for Workplace Wellbeing Application Form (smartsurvey.co.uk)

Don’t forget to log in to the PATA members area of the website where you can access other wellbeing resources, which are being added to on an ongoing basis.

If Morton Michel are your insurers for your setting, your staff can access a free 24/7 counselling helpline on 0333 000 2082. The helpline is run by ARAG qualified counsellors and are able to provide telephone support on any matter causing upset or anxiety – from personal problems to bereavement. If longer term support is required, you can be assigned to a counsellor to for weekly/ fortnightly meetings for up to 6 sessions.

If this all seems like a lot to do then don’t panic!  You’re probably doing a lot for staff wellbeing already and it might be helpful to have a session where you and your team note down all the ways that you already help.  Using this list you can then develop either a policy or a place where staff can access resources like the ones mentioned above.  You could also have a wellbeing ‘slot’ in all of your team meetings, where you mention one way that you’re offering support, which will really start to develop an ethos of openness and emphasise the importance of wellbeing. 

Our Finance Manager recently attended a webinar on the National Minimum Wage, which was run by an HMRC inspector who specialises in compliance in the Early Years sector.  Below is some information from the session, which we think might be relevant to our member settings.  Have a read and if you have any questions get in touch in the normal way!

The Minimum Wage (MW) relates to rates of pay in a Pay Reference Period (PRP),which is the period of time for which someone is paid either weekly, fortnightly, 4-weekly or monthly.  MW must be paid for all time worked in each PRP.  Failure to pay the MW for all time worked in a single PRP means there has been an underpayment.

Employers are unable to average pay across different PRPs to show the MW has been paid, with the exception of workers who are performing “salaried hours” work.

The two main types of workers in early years settings are Salaried and Timed (hourly paid) and later in the blog you will find additional information which covers term time working.

“Salaried hours” workers:  

This is not as simple as earning a salary (nothing is ever simple!). Four conditions must be met and salaried hours workers are:

• entitled under their contract to be paid for a set basic number of hours in a year. (HMRC would expect to see the annual number of hours detailed in the contract.)
• entitled under their contract to an annual salary for those basic hours. (HMRC would expect to see the annual salary amount detailed in the contract.)
• not entitled under their contract to any other payment for their basic hours other than the salary.
• not paid more often than weekly or less often than monthly. Acceptable frequencies are weekly, fortnightly, 4-weekly or monthly.

The definition of pay for HMRC purposes is actual money paid to an employee before any deductions are made. Keep in view that pay for MW purposes does not include overtime payments, allowances, expenses, benefits in kind or advances on wages.

Timed Worker Example:

Employee is paid £9.50 per hour and works 142 hours per month.  This is made up of:

• 140 hours at £9.50 per hour = £1,330
• 2 hours overtime at £14.25 per hour (time and half) = £28.50

Total paid £1358.50.

When assessing MW, the calculation is stripped back to the lowest rate of pay for all hours worked in the PRP, so checks would be made to ensure the rate of pay for the 142 hours was no less than £9.50 per hour.  £1358.50 / 142 hours = £9.56.  So this is ok.

Warning: For timed workers earning MW, any unpaid working time issues or deductions may result in an underpayment.

Special allowances over and above standard pay: i.e. performs special duties over and above normal duties, don’t count towards MW unless consolidated into an employee’s pay. An example of this would be where someone might get a fixed payment each month for doing SEND for example, that wouldn’t count, but if their rate of pay reflected the additional SEND duties then that would be fine. However, rather unhelpfully there is no definition to determine when an allowance is consolidated into standard pay.

Example: Attendance bonus at Christmas of £100.

• Pay 120 hours at £9.50 per hour plus £100 bonus = £1240.00 pay in PRP.

For MW purposes only £1140 is considered (bonus not consolidated into her pay): £1140 / 120 hours = £9.50. So this is ok.

Deductions:

Some deductions can take pay below MW for PRP.  For example: deduction for items or expenses connected to the job. i.e. uniform.

Exemptions include accidental overpayment of wages that are deducted or voluntary payments for goods.

Here are a few worked examples which relate to early years and childcare settings:

Example: Setting has a dress code policy.

• Employee paid at MW is given 3 tops free of charge but told to wear black trousers and black shoes.
• Employee spends £30 on trouser & £60 on shoes: Total £90.

The employee could use the items outside of work but the cost was incurred in connection with their employment. The employee has a reduction in pay of £90, and therefore there will be an underpayment for MW purposes.

Possible Solutions:

• Employer reimburses the employee with the cost of the work-related purchases or
• Employer does not specify a required uniform. 

(PATA are reviewing our Clothing and Appearance guidelines on the back of this information).

Example: Nursery Fees deducted from an employee’s pay who is paid MW.

• 120 hours @ £9.75 per hour: £1,170
• Nursery fees £360 deducted from salary
• Gross pay £1,170 - £360 = £810

For MW purposes £810 / 120 hours = £6.75 which is an underpayment.

Solution: employee pays for the nursery services outside of her payslip (cash/Bacs) (like other parents/carers) and as there is no obligation on the employee to use the services provided (as they could use a different playgroup/nursery) this is ok.

Example: Training costs deducted from an employee’s pay who is paid MW. Common for employers to recoup training costs from employees if they leave in a certain time of attending training. If training was mandatory then deduction may reduce pay for MW purposes.

Voluntary training is where a worker chooses further training in their field, it’s not a requirement of the job but the employer agrees to fund it.  A deduction for voluntary training would NOT reduce pay for MW purposes provided this arrangement is in the employment contract.

Example: A charge for DBS WON’T reduce pay for MW but the admin charge for a DBS is passed to the employee that would reduce pay for MW.

Salary sacrifice can reduce pay for MW purposes, including salary sacrifice pensions.

Working Time:

Working time includes time spent at work or waiting for work.

We recommend keeping records of working times to demonstrate daily working hours.

Small periods of unpaid working time can directly lead to underpayments of MW for workers at or close to MW pay rates.

Example: Employee paid MW rate. Told to arrive 10 mins before shift start time and expected to start work immediately. This is still classed as working time! Unpaid working time often involves a small amount of time but has a cumulative effect if occurring on a regular basis. If these 10 minutes are not paid then the employee will be underpaid.

If an employee chooses to come in early/stay late to complete work then these hours still count as working time. If you don’t want to pay them, then it’s a conduct issue and you need to ask the member of staff not to do this.

It’s fine to ask staff to be ready to work at their start time (i.e. coat off, bag in staff area, finished cup of tea and chat etc!)  But if for example your session starts at 9am and you only pay your staff from that time, but they are (understandably) coming in at 8.45am every day so that they can set up before the session, this would be classed as an underpayment.

Other examples – team meetings after business hours, staying late for parents late to pick up children, training at home, travelling between sites (not usual commute), travel time for training, completing admin outside of working hours.

Do you have to pay training if it’s optional and voluntary? No, provided you have an audit trail to demonstrate that it is strictly optional and voluntary.

Term Time Working:

Can we pay employees a fixed amount per month even though some months they will be working more or less hours? (i.e. a salary which is 1/12^th of annual hours.)

Answer: Yes. Salaried hours provide flexibility on how hours are worked, i.e. employees are not required to work in the school holidays, but are paid an equal part of their annual salary every PRP.

So the employee can be paid a fixed amount each month, to work a fixed number of hours within the year, but the hours within each PRP can vary.

You need to ensure that a worker does not exceed the annual hours otherwise there could be an underpayment.

An employer must keep working time records to be able to demonstrate the MW was paid for the hours worked in total over the year.

Possible consequences:

If an employer fails to correct an underpayment, there is a name and shame policy by HMRC Complaint’s Team together with a penalty fine, which is 200% of any underpayment (reduced by half if it is paid within 14 days).

If however, an employer realises that there has been an underpayment (possibly after reading this blog) and corrects the issue (before any involvement from HMRC), with backdated amendments to pay to correct the underpayment (this is classed as a self-correction) then there will be no penalties for the original underpayment.

Time Off In Lieu (TOIL):

This is when an employee works additional hours (e.g. to complete training out of normal working hours or to cover for a sick colleague on a day they wouldn’t normally work) and keeps the hours to use in a later month when they have a day off sick etc.

This is acceptable for Salaried Workers as the employee is still being paid for all of the hours on their salary calculation. (HMRC were not clear on when TOIL had to be reconciled however, we would do this at the at the end of the academic year and either carry it forward for use in the Autumn Term or paid if this is the employees preference.)

What about Volunteering? 

It is possible for someone in paid employment with a charity to also do voluntary work for the charity, but it must be in a role which is substantially different from their paid role, so that there is no confusion with MW.  Hours spent volunteering which are effectively for work included in an employee’s job description would be included in a MW calculation. 

Staff can’t waiver their MW rights away even if they say they would be happy to!

The main things that we can take away from this are:

• Keep accurate records of time that staff work
• Make sure your staff all have clear contracts with contracted hours and hourly rates set out, along with any other payments or deductions noted
• Review these regularly to make sure that you aren’t dropping staff below MW
• Be clear with staff about what is expected of them (e.g. start times, payment for training, travel expenses, TOIL)
• If you realise that there has been an underpayment rectify it quickly and keep clear records of what you have done, why you have done it and when you did it.

If you have any concerns about the way your salaries are calculated or how you are applying all of the ‘rules’ mentioned in this blog, then speak to our friendly payroll service team who will be only too happy to help.

Remember also that if you are thinking about changing how you do your payroll or moving over to our PATA Payroll Service then April / May is the best time to make that change.

In the current difficult economic climate many settings are considering ways to increase income.  One which is increasingly popular (especially for school hours/term time only settings) is to increase hours by running a breakfast club and/or an after-session club, as well as perhaps a holiday club.  This may make the difference in a parent deciding to use your provision if they are working and need that extra cover.

If you are thinking of setting up an out of school club to meet the needs and demands, you first need to consider the existing provision in the local area. Are you located near a school or on a school premises which already has current provision?  Often schools run their own clubs for school aged children but it’s always worth checking how viable they are.  It may be that by combining early years and school age children you can make it cost effective where the school alone can’t, or you may find that you have enough demand purely from children within your setting and those attracted because of the extended hours.

If you are also thinking about running a holiday club remember it doesn’t necessarily have to run for the complete duration of the holidays.  For example you could offer three days at Easter and two weeks over the summer.

Below are some common questions.

Do we need to register the out of school club with Ofsted?

https://www.gov.uk/guidance/childminders-and-childcare-providers-register-with-ofsted/the-ofsted-registers

This link provides information on the different registers.  If you’re currently a registered EY setting and you intend to take school age children then you will need to add to your registration for the older age group.  If you are purely extending your hours then your settings nominated person must email Ofsted with the updated opening times.

If you are intending to run your additional hours (either extended or holiday club) somewhere other than your registered premises you will need a separate Ofsted registration for this.  For example if you usually run from a building on a school site, but intend to run the holiday club in the school hall this will require a separate registration.  

Qualifications required

If your out of school club is only for EY children then you continue to follow the requirements for staffing set out in the EYFS.  This includes ratios, SENDCo and Safeguarding Lead.  You will also need to have staff with paediatric first aid.

If you are caring for children at reception age or older, you must have a designated Special Educational Needs Co-ordinator (SENDCo) on your staff team, as well as at least one staff member with paediatric first aid and a safeguarding lead who has completed appropriate training (in Gloucestershire this would be Level 3 safeguarding through the local authority).   All staff should have some safeguarding training and be able to recognise signs and symptoms of abuse, be familiar with the setting’s policy and procedures for dealing with concerns. 

If you are providing snack or food options then the staff dealing with the food should have an up to date food hygiene certificate.    

Whilst there are no legal requirements (Since September 2014) for staff to be qualified for school age and older children, it is best practice for at least one member of staff to have a Childcare Qualification.

Number of staff required?

For EY children the standard ratios apply (see the EYFS for more information)

Although the staff to children ratio for school aged children has now been raised to 1:30 from 1:8, it is recommended that out of school clubs continue to operate at a ratio of around 1:8 for children up to the age of eight. A ratio of around 1:10 is recommended for children over the age of eight. Most insurers will require these ratios for you to operate safely and be properly covered for insurance.

Remember to always follow safer recruitment procedures when employing staff and carry out DBS checks and monitor Ofsted guidance as they may change over time.

Which Policies and Procedures are required?

If you are already an EY setting then you should have all the required policies in place.  You will need to review them to make sure that they cover both your extended hours and extended age range.  You may need some additional procedures to cover the running of the club and you will need to complete risk assessments of all activities.

How can we check if the premises are correct for an out of school club?

If you’re planning on running the club from your existing premises or from a school (e.g. if you share a site but the club will be in a school hall rather than your own setting rooms) it’s likely that you’ll already have an area which is suitable to use. You can tailor this to activities and add posters, furniture, rugs etc as necessary.

You’ll need to keep in mind that the EYFS sets out space requirements for EY children but there are no statutory space requirements for older children.  However, do keep in mind that older (and therefore larger!) children will need space to let of steam after a day in school!

What additional equipment will be required for setting up an out of school club?

Out of school clubs should be tailored to allow all children to play and a space should be created to encompass this. Many settings will already hold a large amount of equipment that is already recommended for out of school clubs, which includes:

• Craft materials
• Games (e.g. draughts, bingo, snakes & ladders, Connect4, chess, etc…)
• Construction (e.g. Lego, K'Nex)
• Sports equipment (balls of all sizes, goals, skipping ropes, bean bags, hula hoops, bats, etc…)
• Small worlds (e.g. cars, dinosaurs, Playmobil, etc…)
• Role play (e.g. dressing up clothes, bags, sunglasses, hi-vis jackets, play money, etc…)
• Quiet area (e.g. rugs, cushions, blankets, books)
• Den making (e.g. blankets, tarpaulins, camouflage netting, ropes, cardboard boxes)

If you are operating an out of school club with mixed aged groups, you will have to consider how you will run the club. Running mixed aged groups can be beneficial as younger children can build up strong bonds with their peers, encourage good behaviour, enhance their child development and create a happier more engaging environment. Whilst the challenges of how you separate or integrate the children into activities require careful planning in terms of space and activities, these can be outweighed by the benefits.

Here are some top tips for running out of school clubs of mixed ages:

• Older children can be put onto a junior training scheme where they mix with the younger children helping to run activities, pack away and effectively becoming an older sibling to the children they are assisting. Designating older children responsibilities engages their interest and can extend their confidence in social situations.
• Children can come together at snack time, or the beginning or end of sessions before they break up into activities, which mimics the social times within a family of varying ages.
• Role Play and the quiet area allow children of all ages to interact as the differing ages allow the children to take on different roles at the same time as developing the area of child development specific to their age, such as language, communication and social skills.
• Having the correct resources as listed above allows a range of activities to be carried out over a wider age spectrum. i.e., using open ended materials for sports equipment or den making, children can develop their own imagination and tailor the activity to their age.
• Looking at the setting through the eyes of a child can help you arrange the space i.e. is it appealing in terms or seating (cushions, chairs, tables), activities.
• Be flexible. Listen to and communicate with the children’s needs. This will lead the activities that the children will require for the session and engage their interest.

What does it mean for children under EYFS attending out of school clubs in terms of their learning?

The EYFS states (footnote 5, Paragraph 1.1) that,

”Providers offering care exclusively before and after school or during the school holidays for children who normally attend reception (or older) class during the school day do not need to meet the learning and development requirements. However, providers offering care exclusively before and after school or during the school holidays for children younger than those in the reception class age range, should continue to be guided by, but do not have to meet, the learning and development requirements.”

So if you are an existing Early Years setting, you must continue to meet the learning and development requirements for children who are registered with you.  If you are only providing before or after school provision for them then you should be guided by the requirements.  For older children there are no such requirements.  

Will funding be required to set up the out of school club?

Out of school clubs can be started up on existing funds held within the setting or applying for grants or charitable funds. A good place to start is by contacting your local councils Early Years Team. If you are looking for charitable funds the National Lottery Awards for all or Coop Local Causes could help.  Your main cost initially is likely to be staffing, and possible increases in rents (depending on your current building and lease contract). For further information on fundraising, refer to the PATA Members area of the website under Finance and Fundraising.

How much do I charge per session?

This will depend on wages, rent for premises (if any), cost of craft and food. You need to ensure you cover these costs against the number of children to attend per session. The PATA Cash Flow spreadsheet can help you determine your costs, whether you are able to offer discount to children who attend a number of sessions, or pay in advance etc. The cost per session does not necessarily need to be the same as fees already charged for attending sessions during normal operating hours and you can chose to charge per hour/half hour or session depending on what you think will best suit both your business position and your parents.   If you are running a holiday club it’s quite normal to charge a ‘per day’ price.  It’s worth looking at what other holiday club providers are charging as you might be surprised at how high it is!

Do I need a separate charity to run out of school provision?

If you are a charitable setting who holds the PATA constitution you do not need to change anything to run additional provision as it falls within the stated aims.  However, your committee should minute a decision to increase the provision at a committee meeting.   If you are a charity which doesn’t have the PATA constitution you will need to look at the stated aims and see if they are wide enough to cover extended provision (particularly children of school age if that is what you are planning on offering).  If your constitution doesn’t allow for this contact us to have a discussion about whether it would be in your interests to adopt ours.  For other types of organisation you will need to consider whether your governing documents allow for this.

How can I market the extended provision?

Obviously your existing parents are the first place to start.  Explain to them what you are doing and why and offer them the first option for registering.  Then use all other channels open to you!  If you have links with a local school ask them to send out your marketing to all of their pupils, even if you are only offering EY provision.  There may be families with younger children who are going elsewhere because they need longer hours.  Use your social media accounts including paid for advertising if necessary.

What if my staff team aren’t interested?

It’s always worth asking!  You may have staff who might prefer to work compressed hours, so doing 4 long days rather than 5 short but until you ask you won’t know (and they may not have ever thought about it).   If you are including EY children then you do need qualified staff (as explained above) so by far the easiest way is to use at least some of your current team.  You can take on additional staff though, including to mix in with your existing ones.  The same goes for holiday clubs where you may be able to pick up students (including student teachers) who are looking for a few weeks work. 

You can lead from the front by being excited about the new opportunities.  But ultimately if this is about sustainability and extending the provision is the only way to stay open then you may need to lay this out clearly for your staff.

It’s not a decision to jump into lightly but there are many benefits so definitely something worth considering.

We’ve had a few queries in from member settings recently that have made us a little bit concerned about the financial controls in place, particularly for committee run settings. 

We thought it might be helpful to just explain a little bit about why you need controls and also what those should look like.   This is primarily aimed at charitable settings because the committee is legally responsible for ensuring that the money is properly accounted for and wisely spent, but some of the principals will apply to other types of setting too.

For any charitable setting you must have a treasurer who takes the lead on ensuring that the finances are in order, but the responsibility for ensuring the financial position of the setting sits with every committee member.  Some settings have a paid financial administrator and they should work closely with the committee (through the treasurer). 

At the very least you should have the following controls in place:

• You should have a finance policy which sets out the expectation for all staff and committee and which puts in place enough controls to ensure that no one is put at risk.
• Annual budget forecast at the start of each year :

- Is prepared by the Treasurer/Manager/Administrator based on forecast child numbers and staffing levels, along with other projected expenditure.

- This budget should have been reviewed and agreed by the Committee.

- Allows committee to review cash flow for the year ahead.

- Allows the Manager/Administrator to work within agreed budget levels and ensures that non-budget items of income or expenditure are communicated to the Committee via the Treasurer’s finance report.

- Actual income/expenditure should be monitored against the original budget forecast.

• A short financial report should be presented at each committee meeting by the treasurer:

- This can be based on financial reporting information from the administrator.

- Should include information on current and reserve bank balances.

- Should report on any recent or future income or expenditure that has not already been forecast in your budget, or any amendments to the budget.

- Should review any potential cash flow issues.

• There should be at least two people with access to all bank accounts, including any Reserve accounts.  At least one of these should be on the committee (Chair or Treasurer). 
• You should have dual signing in place for all larger transactions.  Your finance policy should set any spending limits. This can be set up with internet banking. 
• At least two people should have sight of the bank statements on a monthly basis, and they should be available to any committee members on request.
• Bank reconciliations of all accounts, including petty cash, should be carried out monthly and countersigned by the Chair/Treasurer.
• If you are a PATA Payroll client, we should hold contact details for two individuals, for them both to receive the monthly payroll information.
• A receipt should be given for cash transactions, with a duplicate copy kept for finance records. Where large amounts of cash are counted and banked these should be checked and countersigned by a second person.
• Avoid keeping large amounts of cash in setting. All cash should always be kept in a locked cashbox, in a locked cabinet with key access limited to Manager/Administrator. You should check your insurance policy to see how much cash in setting you are covered for. 

Essentially no one person should be doing anything finance related which isn’t seen by someone else.  This is not because of a lack of trust, but is a safeguarding measure protecting all those individuals who are involved in setting finances.  The committee as a whole are responsible (and potentially liable) for the financial health of the setting and can only fulfil this obligation if there is openness and accountability.  The best way to achieve this is with clear guidelines and procedures.

Even if you think you know everyone involved in your setting very well there are times when people are more vulnerable and you have a duty to remove any possibility of them feeling like a quick solution is to ‘borrow’ from the setting (which is often how financial fraud in charities starts).  You never know if someone is struggling financially at home, or is being pressured to find money elsewhere (e.g. if they are in a controlling relationship).  By putting in place robust financial controls you are protecting all those involved in your setting.

The most common issues that we see are:

1. Only one person has access to the bank account
2. Previous committee members are still on the bank account
3. Only one person (often the finance administrator) sees the bank statements
4. Committee don’t receive regular financial reports so only see issues when it’s too late to resolve

These are all fixable issues with just a little bit of work but will bring a lot of reassurance and protection both for individuals and the committee/management team. 

Have you ever wondered why your setting is a charity?  Gloucestershire has one of the highest number of charitable preschools in the country and at times you might be wondering why you bother!  At PATA we are passionate about the benefits of charitable settings but sometimes that gets lost in the day to day difficulties.  We thought we’d remind you!

• Being a charity means that you are there for the benefit of the community.  All money goes directly back into the community for the benefit of the children – you aren’t paying shareholders or directors.
• Being a membership charity means that parents are directly involved in the care and education of their children.  This could be by serving as a trustee on the committee, volunteering in setting or fundraising for you.
• You can raise funds for the setting both locally and by applying for grants.

We’ve had a few queries recently about settings that are thinking about changing from unincorporated charities (which most PATA Charitable Members are currently) to a Charitable Incorporated Organisation (CIO) charitable structure.  On the back of this we’ve been doing some research to see if we think the benefits outweigh the amount of work involved.

 

There are two models of CIO structure, association and foundation.  According to the Charities Commission (CC) guidance you should chose the model which is closest to the current structure of your charity, which for groups using our constitution is the association model.  We have investigated two different approved CIO constitutions which have been specifically written for Early Years settings.  One of these is under the foundation model and one under the association structure. We would urge caution on following the foundation model as not only does this go against the CC guidance but also against the ethos of the community group.

The main benefit of becoming a CIO is that it reduces the personal liability of the trustees.  In short, with the current structure, the trustees are the employers and are in theory liable for any financial shortfalls that the group has (e.g. if you closed and needed to pay out redundancies or had debts, the creditors could chase the trustees for that money). Under a CIO, the charity itself is a legal ‘person’ and so that is the employer/debtor and not the individual trustees. In an unincorporated charity (most groups current structure) the liability can be mitigated with Trustee Insurance which we have always recommended that you have.  However, in both scenarios if the trustees have made unsound, reckless or illegal decisions they may still be personally liable. 

Many groups are looking at the CIO structure in the belief that it will reduce the number of trustees required, therefore making it easier to recruit and to retain a trustee board.  Under the foundation model that we have looked at, the requirement is still for there to be a minimum of five trustees, which is the same as our own constitution.  In fact, under our new constitution in extreme circumstances we can give permission to reduce this number further because the Charities Commission have given PATA authority to make changes where required.   Under the association model that we have looked at, the number is reduced to three, but the requirement is still that there is a majority of parent members.  This would require at least 2 parents and then one additional person, who could be a member of staff.  There is a further complication that the member of staff could only join as a trustee once the new CIO has been set up and approved by Ofsted, so this would in reality give you 4 trustees, at least for a cross over period. 

Another attraction for the CIO model is that there aren’t fixed officer roles.  However, you still need someone to act as Chair for each meeting, someone to act as secretary and someone to act as treasurer.  These could in theory change each meeting, but in reality it is likely that you will settle into roles as is the case currently.  We often see that the Chair carries the burden of the setting, but actually in our current constitution the Chair has no more or no less responsibility than anyone else.  The only specific roles for them are the chairing of meetings and holding a casting vote in the event of a tie.

A further issue with the association model is that parents must ‘opt in’ to membership.  In the current model parents with children at your setting are automatically members (one per family).  We feel that requiring parents to actively opt in may present problems and it isn’t clear what happens if the parents choose not to do this.

If you are interested in becoming a CIO you would need to register the CIO with the Charities Commission (having found a suitable constitution to adopt), and also register your provision with Ofsted.  Because it has a new legal ‘owner’ the Ofsted registration starts from scratch.  This means that you lose your current grading (e.g. if you are Outstanding you are no longer permitted to advertise that).  If someone searches for your setting it does link previous reports at the same postcode.  Ofsted will not necessarily come out straight away to inspect the setting (they can do the registration checks by phone), but you will be due an inspection within the first 30 months of operation. 

You will also need to consider that you must change the name on your bank account and with any suppliers.  You will also need to do this with your lease, or with the land registry if you own your property.  Some types of lease also require registration with the land registry which you are likely to need to pay a solicitor to execute.

If you have adopted our new constitution you should remember that it allows the following:

• 5 trustees minimum, of which 60% can be non-parents.
• Maximum service of 9 years (extended from 6)
• Ability for staff members to join the committee (but not be officers).  This means that your Manager can be the Nominated Individual for Ofsted, although there must be sufficient checks and balances in place if this is the case.

You have probably gathered from reading this that we aren’t really convinced that the benefits of becoming a CIO outweigh the work and time involved.  Our new constitution has been written/amended in response to the issues that we know you, our members, face.  We firmly believe that it is a strong constitution for you to have in place, and if you use it, along with the guidance notes, you will have a strong committee in place to support your setting.

Do get in touch if you want to discuss this further!

Energy saving tips

The government's Energy Bill Relief Scheme came into effect on Saturday (1st of October).  This is to support businesses and charities (including early years settings) with the rises in energy prices.  You can see the full details here, but although this reduces the anticipated increases, costs will still go up significantly.  Whether you pay for your own energy or it’s included in your rent, you will need to look to ways to reduce your energy use – and of course it’s good for the environment too!

Last year a lot of settings spent a lot of time outside to minimise the spread of Covid.  Not only is it good infection control, excellent for children’s development and behaviour but it’s also a great way of reducing energy costs as for the most part you aren’t using any power while you’re out there!

Here are a few suggestions – you’ve probably thought of most of them already but it’s worth being reminded.

Audit your energy use

As many settings are in shared buildings with bills included, you may not have access to bills or be able to monitor your consumption but you can still go round the setting systematically and look to establish where you could be using a lot of energy.  

You could create a plan of the setting marking where you have appliances and rate them for (estimated) energy use (high/medium/low).  Then you can see if there are ways that you can reduce their use or whether it would be more cost effective to find an alternative.

If you do control your energy contract, do you have a smart meter?  If so you could even get the children involved in working out what is power hungry!

Get smart with heating (and aircon if you have it)

Consider when the heating is on and see if you can adjust it down both in terms of temperature and the time that it’s on for.  It might take a few weeks to work out the optimum time for it to come on in the morning for opening up to be warm and welcoming.  Could you set it to turn off a little bit earlier?  It will usually take a while for a building to cool down so it doesn’t necessarily need to be on until the end of the session.   Also think about how you use your rooms.  If you are always outside until mid morning do you need the room warm until then?  If you have active sessions in the course of the day can you schedule those to coincide with cooler periods in the building.

Are you loosing a lot of heat?  There’s a balance with having free flow between inside and outside.  One of our PMGs is in a purpose built setting with large bi-fold doors.  We realised that it was hard to keep warm with the doors open so we installed some PVC strip curtains to help keep in heat while maintaining access.  If you want details of who we used please get in touch!

If your building is old and draughty are there things that could be done to reduce heat loss?

Last year was all about keeping ventilation up to control the spread of Covid, and we still need to do that to an extent.  This is about ensuring that you are getting the most out of your heating and controlling where the airflow is.  That might mean that you open the windows at certain times in the day to ‘flush’ the air through, or it might be that you decide your windows/doors are always open and actually everyone just needs to add an extra layer!

Lighting

Energy saving light bulbs can make a big difference in energy consumption.  If you have your own space consider replacing bulbs (either on mass or as the current ones come to the end of their lives) for LED ones.  If you share a building perhaps you can raise it with other users/owners.

Warm and Dry

Obviously we need to provide the best environment for our children and also our staff.  Damp clothing can make everyone feel uncomfortable and colder so it’s a good idea to consider what you can do about this.  For children having good waterproof trousers/coats or puddle suits can make a big difference, along with wellies, duck boots, or even snow boots which keep the feet a bit warmer too.  Some of our settings have done fundraising events to purchase these for the settings rather than asking parents to provide them. 

We provide our staff with waterproof trousers and jackets as part of their uniform. Perhaps this is something that you might like to consider if funds allow.   

If you’re worried about getting things dry then a heated dryer (often available in Lidl or Aldi at some point in the Autumn) can be a cost effective way of doing this.  They cost a few pence per hour to run and can be very effective.

A warm drink at snack time if you’ve been out in the damp can also be very welcome.  Some of our settings offer warm milk or even sometimes a hot chocolate.  There’s nothing more exciting than a hot drink sat on a log outside!

Hot water

Usually there is a thermostat for hot water, could this be turned down slightly?  Do you have a boiler or gas combi?  If using a boiler, what are the timings, could this be shortened to optimise usage time? Does it need re lagging?

Washing

If not greatly soiled, could a shorter cycle suffice?  Lower your wash temperature – modern detergents mean that generally you don’t need to wash on more than 30⁰.   Always do a full load.  This might mean that you need to rotate resources until you’ve got one!  If you have a tumble drier think about if you really need to use it.

Overall auditing our energy use is a good idea regardless of cost increases as we know that the less energy they use, the better for the environment. If you can get children involved in auditing that’s a great learning opportunity and you’ll be helping to support the next generation of eco warriers!