Substantial Decline Early Childhood Education Services Downgraded Or Closed For Non-Compliance With Regulations

Fewer early childhood education services are being put on notice, or temporarily or permanently closed for breaching regulations designed to ensure children are protected from harm and receive at least a minimum standard of care and education.

The Office of Early Childhood Education (OECE) has released details of the ECE services and licensing actions taken last year by the Ministry of Education for non-compliance.

The names of services can be found at https://oece.nz/public/information/standards/2024-list-ece-regulation-breaches/

Analysis of the data and comment can be found at https://oece.nz/public/news-and-views/stories/decline-licensing-action/

The number of ECE services on a downgraded or suspended licence has been tracking upward annually. But in the last year this number reduced by more than 40% - from 320 services in 2023 on a downgraded licence or closed for non-compliance to just 185 services (note that the figure for 2024 is provisional data).

On the surface, this change appears to indicate that fewer ECEs are failing. But the OECE’s chief advisor, Dr Sarah Alexander, says that the political context in which this change has occurred points to it being an indication that enforcement is weakening rather than any nation-wide improvement in the quality of ECE services.

“The figures are evidence that David Seymour, the associate Minister for Education responsible for ECE, has had an immediate impact on how the Ministry uses its regulatory tools.

“It is not necessarily an indicator that there is less non-compliance happening. There is no evidence of a rapid improvement in the quality of ECE services and therefore fewer are failing.

“Very clearly, enforcement by the Ministry of Education of the rules and requirements for providing care and education to children and operating a well-functioning ECE service has weakened.”

Dr Alexander says that this may be good news to service providers who have been lobbying Minster Seymour to support their interests.

“Any operator whose concern is to reduce compliance costs or wants to be left alone to run their service as they see fit would likely be pleased.”

But for a long time, Dr Alexander who is an expert on child development and quality childcare has advised that regulations need to be strengthened, better enforced, and that there must be consequences for non-compliance.

“Babies and young children are very vulnerable and they can experience devasting long-terms effects of sub-par care and education. Behind closed doors anything can happen. It’s really hard for young children and for families who need access to childcare to speak up. So, it is essential that the sector is strongly regulated and compliance is monitored.

“As it is, the Ministry of Education does not do any annual checks or engage in any form of regular monitoring of services for compliance. Service providers can get away with cutting corners. This puts children’s health, safety, and learning at risk.

“Regulations are only meaningful and effective if there are consequences for non-compliance,” said Dr Alexander.

Dr Alexander says that the ECE regulatory system is going backwards. And, what is happening now is opposite to the view on the importance of monitoring, compliance, and enforcement taken by the National Party in 2020 in its policy for ECE which included commitments to:

• Introduce spot-checks of ECE services to ensure standards are being met to ensure parents can be confident when they drop their children off that they are receiving high quality care and education.
• Implement tighter deadlines for ECE services to make improvements when they are placed on provisional licenses.
• Inform all parents by letter and email if their ECE service has been placed on a provisional license.
• Cancel ECE licenses for any service that is placed on a provisional license for a third time.

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