Project 17

Changes to Nursery Entitlement


Following two legal challenges in September 2019, the government extended eligibility for free early years education for two-year-olds to:  

  • Children of Zambrano Carers
  • Children of families with no recourse to public funds with a right to remain in the UK on grounds of private and family life under Article 8 of the European Convention on Human Rights (ECHR)
  • Children of refused asylum seekers supported under section 4 of the Immigration and Asylum Act 1999

 In October 2020, a third legal challenge resulted in the government extending eligibility to:

  •  Two-year-old children of families with NRPF due to being undocumented or having no leave to remain, who also receive support from their local authority under section 17 of the Children Act 1989.

While we welcome this change, we are also aware that it does not go far enough. This change will not benefit all families without access to public funds and the extended 30 hours of funded childcare for 3 and 4-year-olds will still be unavailable to some parents with NRPF.

Here is a fact sheet with more information.