Early years providers have come together to raise money to challenge the Department for Education’s (DfE) guidance on charging parents accessing funded hours.

The campaign group Early Years Voice is calling for the DfE to delay implementation of its recently-published guidance on additional charges for six months, and to carry out “meaningful” consultation with the sector. It also calls for a working group including representative providers to refine implementation plans, and adequate transition funding to support providers through necessary changes

The group is raising money to fund a potential legal challenge if the Department refuses to delay implementation. It was established by Jo Morris, director of Play Steps nursery and founder of campaign group Champagne Nurseries on Lemonade Funding and Ian Morgan, director at Little Ducklings Day Nursery and Puddleduck Nursery.

Early Years Voice will also support settings to challenge their local authority’s interpretation of the guidance if necessary.

“We are establishing a limited company which will raise funds to bring about a legal challenge of the statutory guidance,” said Morris. “We are looking at a number of potential challenges, and we are meeting with barristers and solicitors to discuss the best way ahead. We have been joined by a board of very experienced providers.” The campaign group is currently putting together a website with biographies of those involved.

An open letter signed by thousands of nursery owners and managers urging the DfE to delay the guidance has been signed by thousands of early years leaders.

The updated DfE guidance, which was published on 21 February, makes it clear that nurseries must allow parents to opt out of additional charges associated with funded hours.

“Early Years Voice is an organisation which is run by providers, for providers,” said Morris. “We are also supporting providers which challenging their local authorities as the interpretations of this revised guidance vary hugely among local authorities and many are including clauses in their provider agreements that are far in excess of the statutory guidance and we having a direct impact on how providers run their private businesses.”