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Nannies and Au Pairs: Regulations and Employment

Legal requirements, Ofsted registration rules, and employment obligations for nannies and au pairs. Covers when registration is required, voluntary registration benefits, DBS checks, and visa requirements.

Guide summary

If you employ a nanny, check whether they need to register with Ofsted. Nannies caring for children from 3 or more families or outside the family home must register. You must also get an enhanced DBS check, have a written contract, operate PAYE, and hold employer's liability insurance of at least £5 million. For au pairs, ensure they have the correct visa and treat them as a family member, not an employee.

  • Register nanny with Ofsted if caring for 3+ families or outside home
  • Get enhanced DBS check for nanny before start (£49.50)
  • Operate PAYE for nanny – they are employees, not self-employed
  • Hold employer's liability insurance – minimum £5 million cover
  • Use Tax-Free Childcare only if nanny registered (up to £2,000 per child)
  • Check au pair’s right to work – penalty up to £60,000 per illegal worker
  • Give au pair private room and light duties – no sole charge of under 3s
  • Pay au pair pocket money £95-£120 per week (not salary)
  • Youth Mobility visa £340 – valid up to 2 years (3 for some countries)
  • Write informal au pair agreement covering hours, duties, time off
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Nannies and au pairs have different legal status and registration requirements from nurseries and childminders. Understanding when Ofsted registration is required - and the benefits of voluntary registration - is essential for both nannies and the families employing them.

Nanny registration requirements

Au pair regulations

Au pairs are not professional childcare providers and have a completely different legal status from nannies:

For parents: Employing a nanny

If you employ a nanny, you are their employer and have legal responsibilities:

  • PAYE tax and National Insurance: Register as an employer with HMRC and operate PAYE. Deduct tax and NI from your nanny's salary and pay employer's NI contributions.
  • Employment contract: Provide a written employment contract covering hours, pay, holidays, notice period, sick pay, and duties.
  • Workplace pension: Auto-enrol your nanny into a workplace pension if they earn £10,000+ per year and are aged 22 or over.
  • Statutory payments: You must pay Statutory Sick Pay, Statutory Maternity/Paternity Pay if eligible.
  • Employer's Liability insurance: Legally required (£5 million minimum) if your nanny works in your home.
  • DBS check: Request an Enhanced DBS check before employment. Your nanny should obtain this through an umbrella body or the DBS Update Service.
  • Right to work check: Check your nanny's right to work in the UK before they start, as required by the Immigration, Asylum and Nationality Act 2006.

Many families use nanny payroll services (e.g., Nannytax, Nanny PAYE) to handle tax, NI, and pension administration.

Tax-Free Childcare eligibility

This is a key consideration when choosing between a nanny and other childcare options:

Childcare Type Tax-Free Childcare Eligible? 30 Hours Funding Eligible?
Ofsted-registered nanny Yes No
Non-registered nanny (domestic) No No
Au pair No No
Nursery/childminder Yes (if Ofsted-registered) Yes

If your nanny registers voluntarily with Ofsted, you can claim up to £2,000 per child per year through Tax-Free Childcare - making voluntary registration financially worthwhile for both nanny and family.