A critical race theory analysis of top-down and ground-up regulatory documents in early years practice

The ‘pervasive silence and hesitancy to address racism and its manifestations’ (The Child Safeguarding Practice Review (HM Gov., 2025a) and how this renders invisible the safeguarding needs of Black, Asian and Mixed Heritage children is troubling. In this article we utilise Gillborn’s framework for engaging Critical Race Theory in policy to analyse the priorities, outcomes and beneficiaries of the Early Years Foundation Stage (EYFS), the Office for Standards in Education’s (Ofsted) regulatory framework, and Birth to 5 Matters. The, ‘top-down’, EYFS and Ofsted regulatory guidance, lack any specific reference to race or racism, except in citing the statutory responsibility to adhere to the Equality Act 2010. Neither the EYFS (Department for Education, 2024a) framework for practice, nor The Office for Standards in Education, Children's Services and Skills (Ofsted) Inspection Handbook (2024) or Framework (2023) which regulate practice, specifically mentions race or racism. Educational practitioners feel ill-equipped to talk about race or racism (Daniel, 2023; Gabi et al., 2022; Priest et al., 2014) and yet racism remains a salient issue that negatively impacts children’s lives from pre-birth (Glowach et al., 2023 Joseph Rowntree Foundation, 2024; Alexander et al., 2015; HM Gov., 2025a). ‘Ground-up’ (Archer, 2024) guidance document, Birth to 5 Matters (Early Years Coalition, 2021), developed ‘for the sector by the sector’, does however, directly address racism in Early Years practice. In light of our analysis, we recommend that Early Years policy and regulatory frameworks urgently incorporate more explicit guidance on anti-racist praxis, and adopt a less race-evasive approach by engaging with and learning from stakeholders within the sector.