DfE Consultation on Including Outdoor Space in EYFS Ratios
DfE Consultation on Including Outdoor Space in EYFS Ratios
In a significant development for the early years sector, the Department for Education (DfE) has launched a consultation on proposed changes to the EYFS statutory framework, specifically around how space is calculated for children aged two and over.
The consultation, which opened in May 2025 and runs until 11 July 2025, seeks views on whether outdoor areas that offer free-flow access can be included in space ratio calculations. This could allow providers to legally count some external areas—especially those with shelters or canopies—towards the minimum indoor space requirements.
Two options are being proposed:
- Allowing all outdoor free-flow areas to count towards space ratios, with no restriction.
- Allowing outdoor free-flow areas to count but capped at a certain proportion of the total space (e.g., 10%).
The government’s preferred approach is Option 2, aiming to strike a balance between maximising capacity and ensuring child safety and quality of care. The proposed change could help providers manage increasing demand—especially with the rollout of expanded funded childcare hours for working families.
Sector reactions have been mixed. While some welcome the potential for greater flexibility and capacity, concerns have been raised around safeguarding, adequate supervision, and possible overcrowding if changes are not implemented carefully.
Organisations are urging providers to respond to the consultation, highlighting the importance of evidence-based feedback in shaping any new guidance. You can take part here.
This proposal could have far-reaching implications for nursery layout planning, staff deployment, and insurance considerations related to outdoor spaces. Morton Michel will continue to monitor developments closely and will be on hand to support providers with any changes to risk exposure or policy requirements.