The issue with the Experience Based Route announced (EBR) by the Department for Education

The “Experience-Based Route for Early Years” is non-statutory guidance from the Department for Education, designed to assist early years providers in implementing an alternative pathway for staff to be included in the staff-to-child ratios at Level 3, even if they do not hold a full and relevant Level 3 qualification.

This is a STATUS, not a qualification! I’ll repeat that this enables someone to be treated therefore hold the STATUS of Level 3 for ratios only.

This route becomes available starting 3 March 2025, with the first staff expected to be included in Level 3 ratios from September 2025.

There is an Eligibility Criteria and it’s not going to be a solution for everyone. In the blog we discuss what we feel are the issues around the Experience Based Route (EBR).

Are you eligible?

The first thing an employer must identify is whether they, themselves are eligible to use the EBR. Providers must have a Good or Outstanding rating in their most recent Ofsted insppection. There is nothing in the guidance we can see that covers the eventuality of a provider being Good then Requires Improvement during the time that evidence is being assessed for a staff member to be qualified via the EBR.

Furthermore, there are limits on the number of staff qualified by EBR that the employer can have. No more than 50% of staff counted in Level 3 ratios at a given premises can hold experience-based route status; the remainder must possess a full and relevant Level 3 qualification or higher.

If your member of staff eligible?

The prospective candidate for EBR should hold either a full and relevant Level 2 qualification or a Level 3 (or higher) qualification relevant to child care or education that is not full and relevant. Additionally, they must have at least one year of experience working with early years children in England.

Furthermore, before they can be counted in Level 3 rations the member of staff must obtain a Paediatric First Aid certificate.

Can the EBR be transferred?

It appears not. Experience-based route status is not automatically transferable between providers. If a staff member moves to a new provider, the new employer must assess and confirm the individual’s competencies before including them in Level 3 ratios. Therefore the work they have done to demonstrate competence in their current job, stays with that employer. Just how useful is the EBR to the staff member if this is the case?

Just how much time will need to be set aside for the EBR?

There is a requirement that there is an initial assessment where an assessor evaluates the staff member’s existing knowledge, skills, and experience against the Early Years Educator (Level 3) criteria.

Then the staff member commences the supervised practice period. If the staff member meets at least 50% of the criteria, they undertake a supervised practice period ranging from 751 to 900 hours to develop the remaining competencies. If your member of staff works 40 hours per week, this roughly translates to 19 to 23 weeks. These are working weeks not including sickness absence, holiday, maternity or adoption leave etc.

The end game

After completing the supervised practice, the assessor conducts a final evaluation to determine if all Level 3 criteria are met. The assessor will be the Nursery Manager in most circumstances, just how much time have they have to had away from their role to assess the staff member on EBR? There is nothing we can see in the guidance that says that the assessor requires additional, assessing qualifications? Would this end up being a tick box exercise. Who would be on the ‘hook’ the Nursery Manager or the provider that pressurised the Manager to prove competence?

If you need our assistance with drafting contracts or offer letters for employees who will be required to achieve this status, call us on 01527 909436.