The government plans to change the law to allow schools to open new nurseries more quickly and will waive a requirement that some settings contribute 10 per cent of set-up costs.
The Department for Education has published guidance for schools for the first round of funding in its drive to open 3,334 nurseries in empty primary school buildings.
Education secretary Bridget Phillipson announced last month that she was making £15 million available for conversion costs for up to 300 nurseries that will open in the 2025-26 academic year.
The DfE said today that schools would be able to bid for grants of up to £150,000 to cover set-up costs.
That tight timeframe means the government is having to change the rules that normally apply to schools opening new nursery provision.
DfE considers legal workaround
Local authority-maintained schools have to follow a specific consultation process known as “prescribed alterations” if they are expanding their rolls by more than 30 pupils.
It involves publishing a notice of their proposal, a four week consultation and a council decision within two months. Decisions can then be referred to the Office of the Schools Adjudicator.
But in the guidance published today, the DfE said its “intention, subject to Parliamentary procedure, is to remove the requirement to follow the statutory process to add a nursery as soon as possible”.
Academies proposing a “significant change” to their intake also have to seek DfE approval.
But the DfE has “consolidated this requirement into the grant process”, meaning they will not have to make a separate application in relation to their plans for nurseries.
Schools may still need to consult on their plans.
For example, academies adding a new nursery and therefore lowering their age range may need to do so.
The DfE said it was “the responsibility of schools to determine whether a consultation is required ahead of returning a response”.
Open nurseries by 2027 or we’ll claw funds back
The deadline for applications is December 19 and places “should aim to be operational in the 2025 to 2026 academic year”.
“If you anticipate needing longer to make best use of resources and minimise disruption, you should provide justification for this in your application.
“If the funded activities are not completed by March 31 2027, the DfE reserves the right to exercise clawback proceedings.”
The government is also waiving an expectation that voluntary-aided schools pay 10 per cent of capital costs. The expectation can be ignored in “exceptional circumstances”.
The DfE said the nurseries grant “is considered an exceptional circumstance, allowing VA schools to receive full funding within the specified grant limit of £150,000”.
Grant can’t be used for day-to-day costs
The grants can cover conversion of existing buildings and renovations, refurbishments and refits of existing school space into nursery provision, including works required to meet any SEND requirements.
They can also cover upgrades to heating, plumbing, fire alarm and electrical systems, to improve outdoor space and technical advisers’ fees.
The grant “cannot be used for the day-to-day operational costs of running an SBN”, such as salaries, utility bills, Ofsted registration, teaching materials or routine maintenance.
There are strict eligibility criteria. New nurseries must be “directly linked” to a state primary school which already has a reception class or other early years provision. The projects must repurpose surplus space, and council early years and place planning leads must be consulted.
Nurseries must be “deliverable with the DfE contribution requested, or in combination with additional funding sources from elsewhere”.
Any unbudgeted or unplanned additional costs incurred during the process “will need to be covered or sourced by the applicant”. Schools will also need to get permission from any “relevant freehold landowner (such as a local authority, foundation, trust or relevant religious body)”.
