The Scottish Government recognises the importance of transparency and proactively publishes delivery progress reports when quality assurance processes are complete.

The process to prepare these publications requires significant work by the Improvement Service and local authority partners from the point of collection to the release of the final publication. It is important that ample opportunity is given to allow for quality assurance and detailed analysis of the data, to ensure quality and accuracy in the final report. This process takes time. The reports published in December 2018 and August 2019 cover a wide dataset, and a full 6 month reporting period.

The most recent publication related to an additional data collection focused on a snapshot of data at ‘one year to go’, and were collected over the summer period, and covered a more limited dataset. As a result the collection, analysis and assurance process as a whole was quicker, and officials worked to enable publication of the data on 2 October 2019.

The Scottish Government’s Business and Regulatory Impact Assessment considered the impacts of the Early Learning and Childcare (ELC) expansion on private and third sector providers. In the current market, the majority of private and third sector providers’ income (around 77%) comes from fees charged to parents and carers for non-funded hours (i.e. additional childcare on top of the funded entitlement; or childcare for children not yet eligible for funded ELC).

Local authorities’ original expansion plans forecast that the share of providers’ income accounted for by funded hours would increase with the roll-out of 1140 hours, as settings allocate more capacity towards delivering funded hours. This is reflected in the latest delivery data. The increase will be, in part, due to previously paid-for (wraparound) hours now being funded, and in part due to children newly accessing funded hours at the setting.

Local authorities and private and third sector ELC providers are working in partnership to develop a local offer of funded ELC that responds to parental demand and may include different patterns of provision based on different business models. There is no requirement on private and third sector ELC providers to change their overall capacity and therefore staffing models as a result of the ELC expansion, although we recognise that providers may of course choose to do so.

We recognise also that private and third sector providers are being affected by large scale local authority ELC recruitment. We are working with sector representative bodies to support providers with recruitment, including through our campaign website: www.childcarecarecareersscotland.scot which hosts job adverts from across all ELC sectors.

We know that high quality early learning and childcare can play an important role in reducing the poverty related attainment gap. We have dedicated funding for 435 equity and excellent leads to work in all 32 local authorities with a focus on improving outcomes for children in the most deprived areas of Scotland.

Local authorities have reported that 94% of the Equity and Excellence lead posts have now been filled (410 full time equivalent posts). The Scottish Government is continuing to work closely with local authorities with outstanding posts to fill. Progress is monitored on a regular basis. Local Authorities are aiming to fill these posts as swiftly as possible.

Some posts have taken longer to recruit for than anticipated. This is partly because these roles can be very specialised and many local authorities have included additional criteria to ensure the most suitable, highly qualified candidates are in place to support children experiencing disadvantage.

DWP provide aggregate data to SG to estimate eligible 2s when new data becomes available. This is part of our ongoing relationship. Use of aggregate, administrative data for analytic purposes does not require creation of a new gateway. We are in regular contact with DWP on a range of data sharing issues. As outlined in my response to S5W-25751 on 6 November 2019, regular updates are requested inside our ongoing working relationship, but DWP are not currently able to provide an expected date for the supply of the latest data. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx .

Based on the latest published data, Local Authorities forecast that 26% of funded ELC places will be provided in private sector, third sector or childminding settings in April 2021, with the remaining 74% provided in local authority settings. This will mean an increase in the share of private, third and childminding sector providers’ income accounted for by funded hours, in part due to previously paid-for hours becoming funded with the increase in the statutory entitlement, and in part due to children newly accessing funded hours at the setting.

There is no requirement that providers in the private, third and childminding sectors change their overall size of service as a result of the ELC expansion – it is up to providers to work with their local authority to agree whether and to what extent they wish to offer funded hours, in order to meet local parental demand. We are aware that some local authorities are supporting providers who do wish to increase their funded provision, including through access to grant funding. In July this year we published a summary of the different types of support available to providers in each local authority: https://www.parliament.scot/S5_Education/Inquiries/In_Attachment_ELC_rates.pdf .

Local authorities are investing in expanded services. The latest published data shows that local authorities are currently planning to deliver 900 infrastructure projects to support the ELC expansion, including refurbishment, extension and new build projects. As of September 2019, 214 projects were complete; 120 in construction; and a further 566 in development.

The Early Learning and Childcare Expansion Delivery Progress Report published in October 2019, which uses data collected by the Improvement Service from local authorities in August 2019, providing a snapshot of progress “at one year to go”

The Scottish Government has no plans to place in the Scottish Parliament Information Centre information a breakdown of the figures or narrative provided by individual local authorities. These reports are based on information provided in confidence by local authorities to the Improvement Service, to enable reporting to the ELC Expansion Joint Delivery Board.

Local authorities’ latest forecasts, as set out in the September ELC Expansion Delivery Progress Report, show that at a national level there has been a reduction in the overall forecast additional staffing requirement of around 9 percent.

Local authorities’ original forecasts were prepared in March 2018 as part of their initial ELC expansion plans. Since then, local authorities have revised their expansion plans, learning from early experience of introducing additional funded hours across local communities.

In particular, local authorities have focused on developing their staffing models to increase overall efficiency while delivering high quality early learning and childcare. In addition they have also amended plans to make greater use of ELC provision in the private, third and childminding sectors.

At a year to go, almost half of the additional local authority workforce had already been recruited, reflecting a significant amount of work across Scotland to prepare for the introduction of 1140 hours from August 2020.

The Scottish Government has regular and extensive dialogues with DWP on data sharing for a range of purposes, one of which is to establish the eligible 2-year-old population at Scotland level. Regular updates are requested inside our ongoing working relationship. DWP are not currently able to provide an expected date for sharing this data. In the meantime, we are working with estimates of the eligible population derived from available sources.

The statutory duty for Scottish local authorities to make funded early learning and childcare available for all eligible 2 year olds in their area came in to force with the Children and Young People (Scotland) Act 2014. The profile of children eligible for this offer was then extended through The Provision of Early Learning and Childcare (Specified Children) (Scotland) Order 2014, as amended in 2015, 2017 and 2019.

Discussions with the UK Government (Department for Education) began in 2016 with information being provided on the legal gateway in place in England for sharing data on eligible 2 year olds between central and local government. We understand the legislative framework for this gateway is under the Childcare Act 2006 (brought in by amendments made in the Education Act 2011). The extent of the 2006 Act is to England and Wales only and the specific powers on data sharing extend to English local authorities only, therefore it would not have been possible for the UK Government to offer this gateway to the Scottish Government under existing legislation.

The answer to S5W-23963 included an update on progress in establishing a data-sharing gateway under the Digital Economy Act 2017.

Consultation on the development of Island Community Impact Assessments (ICIAs) provisions within the Act has now been completed. Policy development is underway and a timeline for the commencement of section 14 is being finalised.

In the meantime, although there is no duty to do an impact assessment, all Ministerial colleagues have been advised of the provisions of the Islands Act, with the recent Fuel Poverty (Targets Definition and Strategy) (Scotland) Bill being a good example of how Ministers are trying to reflect the need to island proof legislation, in advance of the development of the ICIA tool being finalised.

We have also been advising our agencies and partners, where possible to operate in the spirit of the Act, and to consider island issues in their work bearing in mind that the Act would allow for an impact assessment, to potentially be applied retrospectively, where appropriate.