The Children and Young People (Scotland) Act 2014 states that every child aged three and four is entitled to 1,140 funded hours of early learning and childcare a year.

Children become eligible for 1,140 hours of funded early learning and childcare per year when they turn 3.

Some 2-year-olds are also eligible for 1,140 hours of funded early learning and childcare. This applies to children who have been or are currently ‘looked after’, subject to a kinship care order, have had a guardian appointed. It also applies if you receive certain benefits including Universal Credit, Pension Credit or support under Part VI of the Immigration and Asylum Act 1999.

If you are a young parent who was supported by the Family Nurse Partnership Programme, your child may be able to get a funded 2-year-old nursery place even if you are not receiving one of the benefits above. This can also apply if you are under 18, or aged 18-19 and included in someone else’s benefit claim, or if you are a care experienced parent.

Once your child has become entitled to funded early learning and childcare hours, your child stays entitled even if their parent or carer’s situation changes and they are no longer receiving benefits.

Disabled children under 3 may also be able to get some funded time in nursery sooner. See the ‘Disabled children under 3’, below for more on this.

These funded hours can be used at a nursery, or a different type of early years setting like a playgroup or childminder (so long as they have a contract with your local authority).

Each local authority decides when funded hours are offered, so this can vary depending on where you live. Most councils start your child’s place from the beginning of the school term after they turn 3, while others might offer a place from your child’s birthday or shortly after. It’s best to check with your local authority to see what applies in your area.

If your child needs additional support because they are disabled, your local authority should assess their needs and see what help they can offer. They have a duty to provide your child with support if they need it.

Your child is disabled if they have ‘a physical or mental impairment’ which has a ‘substantial and long-term adverse effect’ on their ability to carry out ‘normal day-to-day activities’.

Your child does not need to have a formal diagnosis to be considered disabled. It’s about the effect that your child’s needs have on their day-to-day life.

The support the local authority offers your child should be based on their individual needs. It might include time at a nursery, or it could be other things like a support teacher or therapist coming to see them at home. The support should help your child get the most from their early learning.

If your child is disabled and not yet receiving their funded hours of early learning and childcare, contact your local authority to ask them to assess their needs. After assessment, if your local authority decides your child does not have additional support needs, they should write to you to explain how they have reached their decision.

Find out more about your child’s rights on our page Disability rights.

Advice for parents /

Disability rights

If your child is disabled, it’s important to know all professionals working with your child must work to protect your child’s rights, providing support and reasonable adjustments where needed, so

Before your child becomes eligible for funded hours, you can pay for your child to go to nursery. It is important to talk to the nursery about what support they can give your child. Your child’s legal rights in this situation depend on a few different things, like their age and whether they’re disabled. If you want some help to understand what your child is entitled to, you can contact our helpline.

Some nurseries can also provide childcare in addition to the funded hours (sometimes called ‘wrap-around care’). You will usually have to pay for this, but you may be able to get help with costs. If so, your child’s nursery, local authority or childcare partnership will tell you how to apply.

You might be able to get help paying for childcare costs. You can find out more about this on Parent Club’s website.

In some areas, children are expected to attend their local nursery, while in other areas, you can apply to any nursery.

Your local authority may offer a choice of different options for you to decide on how your child uses their 1,140 hours of funded early learning and childcare. These options can vary depending on where you live. Attendance patterns might include morning or afternoon sessions, full day places, term-time only, or places that run all year round.  You may not be sure what will work best. If that’s the case, Parent Club have some useful information about choosing a nursery place. 

 All local authorities will have their own processes and timescales for applying for nursery places, so it’s best to contact them as early as you can to find out how things work where you live.

While children with additional support needs usually attend mainstream nursery, children with ‘complex’ needs may be supported through specialist early years provision or a combination of both. These arrangements are planned by the local authority in discussion with parents and are based on the individual needs of the child.

It is always best to try and work with your local authority to find a suitable nursery place for your child. If you disagree with the local authority’s decision about the nursery your child should attend, and your child has additional support needs, you can make a ‘placing request’. You can read more about these on our webpage Placing requests.

Advice for parents /

Placing requests

If you do not feel that the catchment school (or another school that has been offered) is the right school for your child, you have the right to make a placing request to a specific school of your choice.

Once your child is receiving their funded hours of early learning and childcare, the local authority becomes responsible for:

Your child does not need a formal diagnosis to receive support in nursery. Your child’s nursery will work with you to find out what support your child needs and agree how to keep their support under review. Other people, for example health professionals, might be involved too depending on your child’s needs.

The support your child gets will be based on their individual needs. It should build on their strengths and help them overcome any challenges they’re experiencing. You should be involved in decisions about your child’s support. You know them best, so your views and knowledge are an important part of the process.

‘Looked after’ children are assumed to have additional support needs, unless they are assessed as not needing extra help at nursery.

Find out more about how your child’s needs can be identified, and how support is arranged, on our page Support for your child in nursery.

Advice for parents /

Support for your child in nursery

Going to nursery is a big step for your child, and for you. Feeling confident your child has the right support can help. This section answers the common questions parents have about nursery and additional support for learning.

Some children’s additional support needs will be identified before they start nursery. If your local authority is aware of your child’s additional support needs, they must start to plan the help your child needs at least six months before they are due to start nursery. This usually involves collecting information about your child’s needs from you and the professionals working with your child.

At least three months before your child starts nursery, the local authority must send copies of this information, with your consent, to the nursery and any professionals who will be supporting your child, for example those from health and social work. They must also send you a copy.

The support your child needs should be in place when they start nursery.

Planning for starting nursery may include transition meetings, extra visits, photo books, or other supports to help your child settle.

Some children benefit from a phased or flexible start, where they gradually build up their time at nursery. This should be based on what works best for your child as agreed with you. Your child remains entitled to their full funded hours. A phased start should not mean your child is sent home early unless this is something you have agreed is right for them.

You can ask for additional planning or reviews if you feel your child needs more support during this transition.

Scottish Government Guidance

The Scottish Government’s Early Learning and childcare: statutory guidance sets out the responsibilities of early learning and childcare providers in delivering ELC services.

Mygov.scot

You can check full eligibility to early learning and childcare funding for 2-year-olds on the Scottish Government’s website

Citizen’s Advice Scotland

Citizens Advice Scotland provides free, confidential, and independent advice on a range of issues, including benefits. You can find your local Citizens Advice Bureau on their website.

Parent Club

The Scottish Government’s Parent Club website has lots of useful information about early learning and childcare.