Under the Government’s FREE EARLY EDUCATION ENTITLEMENT  Scheme ( FEEE ) local authorities have a duty to secure the provision of 570 hours in any year of free early years CHILDCARE PROVISION for eligible children. The primary statutory on local authorities, under Section  7 ( 1 )  of the CHILDCARE ACT 2006 is to ensure that FEEE hours are available to all qualifying parents of pre-school children on a “ free of charge “ basis. Under Section 7 ( 2 )  each local authority has to “ have regard to “ STATUTORY GUIDANCE on “ Early Education and Childcare “. This indicates that authorities have to ensure that childcare providers do not charge parents “ top-up “ fees. These provisions, and the Local Authority ( Duty to Secure Early Years Provision Free of Charge ) Regulations 2014, are considered in R ( BOURNEMOUTH< POOLE and CHRISTCHURCH COUNCIL ) v LOCAL GOVERNMENT AND SOCIAL CARE OMBUDSMAN  ( 2025 )  EWHC 224 ( Admin ) If nurseries were permitted to impose compulsory charges on parents as a condition of accessing FEEE hours, the childcare would not be free of charge. Any proposed charges for FEEE hours have to be voluntary. Arrangements have to be structured so that parents are able to refuse to pay any proposed charges for additional goods or services.

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