Childcare

Registration exemptions

Most childcare providers looking after children under the age of 8 must register with Ofsted. Childminders can choose to register with a childminder agency instead.

However, there are a number of exceptions to this.

There are some situations when you do not have to register with Ofsted, and some when you cannot register (for example, if you are related to all the children you want to look after).

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The 2-hour rule

You cannot register if you look after each child for under 2 hours a day – even if your setting is open for longer than 2 hours.

The only exception to this is if you provide before- or after-school care for less than 2 hours a day in total. In this case you can, if you wish, register on the voluntary part of the Childcare Register.

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You cannot register if you:

• are related to all the children you look after (as their parent, step-parent, foster parent or relative)¹
• run a school providing education or care for children aged 2 and over, as long as at least one of those children is a pupil at the school
• run a children’s home, care home, hospital, residential family centre, secure training centre or young offender institution
• are disqualified, unless we agree to waive your disqualification

Disqualification

You cannot apply if you’re disqualified, for example if:

• you’re barred from working with children
• we have refused or cancelled your registration in the past (unless we did this because your fees weren’t paid)
• you live with someone who is disqualified and you want to be a childminder

If you’re disqualified, it’s an offence to provide childcare or be involved in managing any childcare provision. It is also an offence to employ a disqualified person.

However, you can apply to Ofsted to waive your disqualification in some circumstances.

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When you do not have to register

You can choose to register with us in the following situations, even if you do not have to. If you choose to, you should apply to join the voluntary part of the Childcare Register.

Looking after children at home

This is also known as childminding or looking after children ‘on domestic premises’. This can be your home or someone else’s home. You do not have to register if you:

• are a nanny, looking after children in their own home
• are only looking after children over the age of 8 in someone’s home
• do not receive any money, vouchers, goods or services in return for childcare
• are a babysitter, looking after children at home between 6pm and 2am
• look after a friend’s 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

Tutoring, coaching and clubs

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
• religious, cultural or language studies

However, you cannot look after children under 5 for more than 4 hours in any one day.

The activity needs to be the main focus of what you offer, such as drama club, choir practice, netball or swimming. This should be specific tuition or coaching to help children improve their skills, rather than offering childcare for working parents. We do not necessarily expect everyone working with children to be a specialist coach, but they should have particular skills in those areas to help children improve².

Creches and other daycare

You do not have to register if you:

• look after children under 8 from one place for 14 days or less in any year
• let Ofsted know in writing at least 14 days before starting the service

If you offer care in an open space or other area with no building (for example as a forest school), you still have to register with Ofsted unless you meet any of our other exemption criteria.

Creches

Creches do not have to register if all the following apply:

• they look after children under 8 for 4 hours or less each day
• the children’s parents plan to stay in the immediate area³ (close by where they can be summoned immediately)
• there is no long-term commitment to provide childcare
• this is offered to parents or carers as a short-term convenience, for instance while they are shopping

If you offer a crèche where parents can leave their children while they work or take part in training, this is not exempt. This is because it counts as a long-term commitment to provide childcare.

Open access childcare

An open access scheme lets children arrive and leave the setting by themselves – for example some council-run holiday clubs. You cannot offer open access childcare to children under 5.

Ofsted have uploaded four short films about the early years, these are available to access from the links below. In the first video, Wendy Ratcliff HMI debunks common myths about what inspectors want to see in early years settings. Martin Williams (Principal Officer, Operations) and (Penny Fisher, Early Years Senior HMI) offer an insight into what happens when a parent expresses concern about the care provided by a setting.

Gill Jones (Deputy Director, Early Education) and Emma Exton, (Deputy Director, Operations) discuss each stage of the Ofsted registration process, from initial DBS checks to final inspection. In the last video, Dee Coleman, (Principal Officer, Early Years) and (Julie-Ann Morris, Senior Manager, Early Years) explain what registered early years providers need to tell Ofsted about.

1. Video 1: What happens on an early years inspection?
   
2. Video 2: What happens if someone complains about me?
   
3. Video 3: How do I register as an early years provider?
   
4. Video 4: What do I need to tell you?