Nursery Ratio concern. Any other professionals about?

[TiggyD]

A nursery I'm working in has 3 rooms. 0-2, 2-3, and 3+. They move the children up rooms a month before their birthday and count them in the ratio of their new room. i.e. A child 2 years and 11 months moves into the older children's room and is counted as needing a ratio of 1:8.
I'm told it's fine but I can't find anything in the EYFS framework that confirms it. Is it wishful thinking from the manager or have I missed something?

I would have thought they would have to have had their birthday, but I guess it's OFSTED that will give you the answer - you may, or may not want to contact them.

You can't include a child in an older ratio
The eyfs statutory guidance is very clear
The nursery is not completing with the legal requirements
I'm a nursery manager and I would never include a child in an older ratio before their birthday

I'm planning on having a talk with the manager so I wanted to check with other people first to make absolutely sure I've not missed something.

You cant move a child up a ratio you can only move a child down a ratio. So one member of staff would need to cover the 2 year old and 3 3 year olds then the other staff be on a 1 to 8.

You also cant mix the ratios by having one member of staff covering 1 2 year old and 6 3 year olds.

Our nursery used to do this. They'd move them up early but say they were just doing 'settling in visits'. We'd deliver them to the room for their age, then as soon as breakfast was done they were off to the bigger room for the day. For weeks. Ds found it all very unsettling. I wish we had removed him sooner.