Nursery World - Childcare Counsel: opening and closing in lockdown

Andrew Manners, director at Morgan LaRoche, sets out the legal position on remaining open, or closing, during lockdown

When the latest English lockdown was announced on 4 January, the Government announced that early years settings would be the only education sector to remain fully open.

Guidance issued by the DfE in January said, ‘Early years providers should stay open and allow children to attend their normal timetabled hours.’ In further guidance, it stated, ‘This is the default position for all areas irrespective of national lockdown restrictions.’

But the ‘Actions for early years and childcare providers during the coronavirus (COVID-19) outbreak’ guidance, updated last month, notes, ‘We understand that it may not be possible for all settings to be open at this time. Early years settings should work together with local authorities to agree the provision needed locally to support the needs identified.’

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