Ofsted
Introduction
Most childcare providers looking after children under the age of 8 must register with Ofsted or a childminder agency. This guidance explains when you must register, when you cannot register, and when you do not have to (but choose to).
Explaining the law
The law says that providers of childcare must register on the relevant compulsory register when caring for children from 0 to 8 years of age, unless an exemption applies.
Ofsted maintains both compulsory registers:
- the Early Years Register
- the compulsory part of the Childcare Register (there is also a voluntary part)
The early years foundation stage age range (or early years age range) covers those children aged from birth until the 31 August following their fifth birthday. Legislation may use the term young children to describe them.
If you are a childcare provider and you are not required to register on either of these, you may be able to register on the voluntary part of the childcare register. You have to meet certain requirements for that registration.
The Childcare (Exemptions from Registration) Order 2008 sets out the childcare exemptions in law. This legislation exempts specific categories of childcare from compulsory registration, based on:
- the type of provision
- when the care is provided
- the operating hours
- where the care is taking place
It is your responsibility to determine which register or registers you must be registered on, based on the type of provision you want to offer.
Ofsted is responsible for deciding whether you meet the requirements for registration.
When you must register
You must register as a childminder or childcare on domestic premises if all of the following apply:
- the children you look after are under the age of 8
- you look after an individual child for more than 2 hours a day
- you look after them on domestic premises (the term used in legislation for a home) but this is not where the child lives
- you get paid to look after them, including payment in kind
You must register as childcare on non-domestic premises if:
- the children are under the age of 8
- you look after an individual child for more than 2 hours a day
- you look after children on premises other than domestic premises
When you cannot register
You cannot register if you:
- look after each child for under 2 hours a day
- have parental responsibility for, or are otherwise related to, all the children you look after; relatives include people related by marriage or civil partnership and half-siblings, as set out in section 18 of the Childcare Act
- run childcare based at a school providing education or care for children aged 2 and over and your childcare is part of the schools activities, provided by the proprietor of the school or a member of staff and at least one of the children attending it is a pupil at the school (that child can be a Reception Year pupil in the early years age range, and they do not need to be in the same room)
- provide care in a childrens home, care home, hospital, residential family centre, secure training centre or young offender institution or in any healthcare or other respite care that is predominantly health-related
- provide care as part of education or any other supervised school activity during school hours for a registered pupil who is not in the early years age range
- offer online education or online tuition services (you must care for children in person)
- are disqualified from registration, unless we agree to waive your disqualification
Disqualification
You cannot be registered if you are disqualified, for example if:
- you are barred from working with children
- we have refused or cancelled your registration in the past (unless we did this because your fees were not paid prior to 2008)
- you live with someone who is disqualified from registration and you want to be a childminder or nanny
You can apply to Ofsted to waive your disqualification in some circumstances.
If you are disqualified, it is an offence to provide childcare or be involved in managing any childcare provision that either:
- requires registration with Ofsted
- is operated by a school and is exempt from registering separately with Ofsted (see Registering school-based childcare provision)
It is also an offence to employ a disqualified person.
Schools and education-related provision
Education provided by a school during school hours for a registered pupil after the 1 September following their fifth birthday is not childcare. It therefore cannot be registered with Ofsted. Education providers should register with the Department for Education (DfE).
An independent education provider that caters for children under the age of 5 and meets the definition of an independent school must also register with the DfE. It will need to implement the early years foundation stage (EYFS) for young children, unless the DfE grants an exemption from the learning and development requirements.
When you do not have to register but choose to
Even if there is no requirement for you to register on the Early Years Register or compulsory part of the Childcare Register, you can choose to register with Ofsted. You can apply to join the voluntary part of the Childcare Register if you meet the relevant requirements. The voluntary part of the Childcare Register is the only way you can register if you are exempt, and being on this register enables the parents and carers of children attending your childcare to claim tax-free childcare entitlements.
You will be considered exempt and do not have to register if you meet one of the exemption criteria below. The exemption must cover all the childcare you provide at the premises (see the section on if you are already registered).
Exemptions
1. Looking after children at home
Looking after children at home is also known as childminding or childcare on domestic premises. The home can be your own or someone elses.
You do not have to register if you:
- are a nanny, looking after children of any age from up to two families in the home of one of the children
- are only looking after children over the age of 8 in someones home
- do not receive any money, vouchers, goods or services in return for childcare (services could be reciprocal childcare arrangements)
- are a babysitter, looking after children at home between 6pm and 2am
- look after a friends children for less than 3 hours a day for some payment
- are providing home education to a child of school age who is educated outside school full time
2. Tutoring, coaching and clubs (activity-based provision)
You do not have to register if you provide tutoring or coaching in either one or two of the following activities to children aged 3 and over:
- school study support or homework support
- sports
- performing arts
- arts and crafts
- religio