The Education (National Curriculum) (Foundation Stage Profile Assessment Arrangements) (England) Order 2003

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"the 1996 Act" means the Education Act 1996[2];

"Assessment scales" has the meaning ascribed to that term in the Document;

"the Document" means the Foundation Stage Profile Handbook[3];

"foundation stage profile" means a summary record of a child's attainment based upon practitioners' observation including an assessment in relation to a child in the final year of the foundation stage in relation to each of the early learning goals specified in The Education (National Curriculum) (Foundation Stage Early Learning Goals) (England) Order 2003[4];

"foundation stage setting" means a maintained school, a maintained nursery school or establishment where nursery education is provided under the arrangements mentioned in section 77(2)(b) of the Act at which the foundation stage is taught;

"practitioner" means any person who teaches the foundation stage in a foundation stage setting;

"relevant local education authority" means the local authority by which a foundation stage setting is either maintained or funded; and

"responsible person" means the head teacher of a maintained school or maintained nursery school and the person responsible for the provision of funded early years settings under the arrangements mentioned in section 77(2)(b) of the Act.

Timing of assessment
     3.  - (1) Subject to paragraph (2), a foundation stage profile shall be completed in respect of children in the final year of the foundation stage in accordance with article 4 during the final term of the foundation stage.

    (2) Where for reasons outside the control of the responsible person the foundation stage profile in relation to a child cannot be completed within the period in paragraph (1) it shall be completed as soon as practicable thereafter.

Practitioner assessment
     4.  - (1) It shall be the duty of the responsible person in a foundation stage setting to make arrangements for each child in respect of whom article 3 applies to be assessed throughout the year by a practitioner in relation to each of the areas of learning and early learning goals, to enable a foundation stage profile and a record of attainment to be completed in the final term in accordance with the provisions of this Order.

    (2) The purpose of the assessment shall be to determine the level of attainment achieved by the child in each of the areas of learning and the early learning goals that apply to him and to complete a foundation stage profile of the child.

    (3) The record of attainment shall consist of the statement of the level of achievement attained by the child on each of the assessment scales in relation to each of the early learning goals set out in the Document.

    (4) A foundation stage profile shall be completed in relation to each child referred to in article 3 and a record of attainment made by the practitioner by the end of the final term of the foundation stage and not later than 4th July falling in that term if earlier.

    (5) Practitioners who are responsible for the completion of foundation stage profiles and responsible persons who are responsible for ensuring the proper conduct of such profiles shall have regard to the Document in conducting the assessment of children and in relation to the completion of foundation stage profiles.

Monitoring of assessment arrangements
     5.  - (1) The relevant local education authority (referred to in this article as "the monitoring authority") shall make provision for the monitoring of the assessment process undertaken pursuant to article 4.

    (2) The monitoring authority shall have regard to the Document in the exercise the functions conferred on it by this article.

    (3) The monitoring authority shall exercise the functions conferred on it by this article in any school year in relation to all relevant foundation stage settings.

    (4) For the purposes of this article, relevant foundation stage settings comprise all foundation stage settings maintained or funded by the monitoring authority at which in any school year foundation stage profile assessments are administered to children under article 4.

    (5) It shall be the duty of the responsible person and of the governing body of a maintained school or maintained nursery school-

(a) to permit the monitoring authority to enter the relevant foundation stage setting at all reasonable times in order to observe the implementation of the arrangements for the completion of foundation stage profiles under article 4;

(b) to permit the monitoring authority to inspect and take copies of documents and other articles relating to those foundation stage profiles and assessments; and

(c) to provide to the monitoring authority such information relating to such foundation stage profile and assessment as they may reasonably request.

Provision of information to parents
     6. The responsible person in a foundation stage setting shall have the functions set out in Part 1 of the Schedule in relation to the provision of information to the parent of a child in respect of whom the provisions of this Order apply.

Provision of information to the local education authority and to a child's new school
     7. The responsible person in a foundation stage setting shall have the functions set out in Part 2 of the Schedule in relation to the provision of information to the local education authority and, where a child ceases to be registered at the foundation stage setting during the final year of the foundation stage, to a child's new school.

Provision of information by the local education authority to the Secretary of State
     8. Every local education authority shall have the functions set out in Part 3 of the Schedule in relation to the provision of information to the Secretary of State.


Catherine Ashton
Parliamentary Under Secretary of State, Department for Education and Skills

14th May 2003

[2] 1996 c. 56.back

[3] The document can be obtained from QCA Publications, P O Box 99, Sudbury, Suffolk CO10 2SN, reference QCA/2003/1006.back

[4] S.I. 2003/391.back

[5] The Qualification and Curriculum Authority was established under section 21 of the Education Act 1977 (c. 44).back