Education & Training

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.

UK-wide
Guide summary

Understand whether your nanny needs Ofsted registration based on where and for whom they work. If employing a nanny, operate PAYE and provide a written contract. Au pairs cannot provide professional childcare and have different visa requirements.

  • Register nanny with Ofsted if caring for 3+ families or non-domestic premises (£35 fee)
  • Voluntary nanny registration costs £103 plus £80/year (enables Tax-Free Childcare)
  • Get Enhanced DBS check for nannies (£49.50) before employment
  • Nannies need 12-hour Paediatric First Aid course if Ofsted-registered
  • Au pairs get £95-£120/week pocket money, not salary (max 30 hrs/week)
  • Provide private bedroom for au pairs (no sharing with children)
  • Check au pair's Youth Mobility visa (£259 fee) before arrival
  • £20,000 fine for employing illegal workers - check documents
  • Write contract for nannies covering pay, hours, holidays
  • Get £5m Public Liability insurance for nannies (£50-150/year)
On this page
UK-wide

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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.