Register your childcare business

Depending on the type of service you provide, you may need to register with Ofsted, a childminder agency (CMA) or the Care Inspectorate Wales (CIW).

England

You need to meet the standards and requirements of the relevant childcare register. The childcare register in England is a list of individuals and organisations that provide childcare services for children aged from birth to 17 years old. The register is divided into two parts: the early years register and the general childcare register. The early years register covers providers who care for children from birth to the end of the academic year in which they turn five. The general childcare register covers providers who care for children aged five and over, or who care for children of any age in certain circumstances, such as after-school clubs or holiday schemes.

The register is maintained by Ofsted, the Office for Standards in Education, Children’s Services and Skills, which inspects and regulates the quality and safety of childcare provision. To be registered, providers must meet certain requirements and standards, such as having appropriate qualifications, training, insurance, policies and procedures. Providers who are registered on the childcare register can receive government funding and tax credits to support their work, and parents can check the register to find suitable and trustworthy childcare options for their children.

The standards and requirements for the early years register are set out in the statutory framework. It sets the standards for learning, development and care for children from birth to five years old.

The general Childcare Register has two parts: the voluntary and compulsory parts, which have different requirements for registration. To register on either part, providers must meet certain standards and follow relevant legislation, such as health and safety, disability discrimination, food hygiene, fire and planning requirements. Ofsted is the authority that regulates and inspects providers on the Childcare Register, and it can take enforcement action if providers do not comply with the legal requirements or operate without registration.

Many nurseries choose to be on both registers, to allow flexibility for the business to also provide care for older children during school holidays and before and after school.

External resources

Wales

In Wales you will need to the meet the National Minimum Standards for Regulated Child Care. You must register to provide day care for children under eight years old, on non-domestic premises, for more than two hours a day and at least five days a year. You can apply online through the CIW website and provide information about your personal details, financial records, manager, staff, building plans and day care arrangements. You may also be eligible for business support and funding from the Welsh Government, such as the Childcare Offer for Wales, Non-Domestic rates relief and Flying Start programme. For more information and advice, you can contact Business Wales, Social Business Wales, Prime Cymru or CWLWM, a consortium of childcare and play work organisations in Wales.

External resources

Other legal requirements

As well as registering with the appropriate Regulatory bodies, there are also some legal requirements you will need to follow and certain rules you will need to comply. Here are some of the main steps you need to take:

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1. Register your business

You can choose to register as a sole trader, a limited company or a partnership, depending on your business structure and goals. Each option has different tax and legal implications, so you should research them carefully before deciding. If you employ people, even if that is only yourself, you must register as an employer with HMRC. You may also need to register for PAYE Online for employers. Dependent upon your business structure, you may need to Register your company with companies house.

2. Get insured

Depending on the nature and size of your business, you may need different types of insurance to protect yourself, your employees, your customers and your property. Some common types of insurance are public liability, professional indemnity, employers’ liability and product liability, business interruption insurance, commercial property insurance and commercial vehicle insurance. You can compare insurance quotes online or consult an insurance broker.

Professional Association For Childcare And Early Years (PACEY), Registered in England and Wales under No. 02060964. Registered Office: Northside House (Third Floor), 69 Tweedy Road, Bromley, Kent, BR1 3WA. PACEY is an Introducer Appointed Representative of Morton Michel Ltd for general insurance business and is authorised by them.

Morton Michel Ltd is authorised and regulated by the Financial Conduct Authority, Firm reference No. 527300. Registered in England and Wales under No. 5120835. Registered Office: Rossington’s Business Park, West Carr Road, Retford, Nottinghamshire, DN22 7SW. Morton Michel Ltd is part of the PIB Group. PACEY and Morton Michel Ltd are not part of the same corporate group.

3. Meet your equal opportunities responsibilities

You have a legal obligation to treat everyone fairly and equally in your business, regardless of their age, gender, race, religion, disability, sexual orientation or any other protected characteristic. You should have an equal opportunities policy that sets out how you prevent discrimination and promote diversity in your workplace.

4. Register with the ICO

If you collect, store or use any personal data from your customers, suppliers, employees or anyone else, you need to comply with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR). This means you need to have a clear and lawful purpose for processing data, obtain consent where necessary, keep data secure and accurate, respect data subjects’ rights and register with the Information Commissioner’s Office (ICO).

5. Register as a food business and comply with food safety regulations

If you are providing foods, even just snacks you need to register with the Food Standards Agency through your local authority as a food business and ensure that you are complying with the food safety regulations, which includes ensuring that staff are trained appropriately.

External resources

PACEY resources

Exclusive member only resources

Professional Association For Childcare And Early Years (PACEY), Registered in England and Wales under No. 02060964. Registered Office: Northside House (Third Floor), 69 Tweedy Road, Bromley, Kent, BR1 3WA. PACEY is an Introducer Appointed Representative of Morton Michel Ltd for general insurance business and is authorised by them.

Morton Michel Ltd is authorised and regulated by the Financial Conduct Authority, Firm reference No. 527300. Registered in England and Wales under No. 5120835. Registered Office: Rossington’s Business Park, West Carr Road, Retford, Nottinghamshire, DN22 7SW. Morton Michel Ltd is part of the PIB Group. PACEY and Morton Michel Ltd are not part of the same corporate group.

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