Which education and childcare rules apply to your business
Education and childcare businesses are regulated by what they do and who they serve. Early years and out-of-school …
Education businesses register by what they teach and to whom. An independent school must be registered with the Department for Education before it operates; a higher education provider seeking student finance or degree-awarding powers registers with the Office for Students; paid car driving instruction is restricted to the DVSA's ADI register; and apprenticeship training providers join the APAR register. Private tutors and most adult-education businesses need no education-specific licence — their duties are safeguarding, DBS and data protection.
Education and childcare businesses are regulated by what they do and who they serve. Early years and out-of-school …
How to apply for an O-licence to operate goods vehicles for business. Covers Standard and Restricted licences, financial …
Get type approval for vehicles manufactured or imported into GB.
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This guide is for education businesses other than registered childcare: independent schools, tuition and training businesses and higher education providers in England, and driving instructors across Great Britain (Northern Ireland has the DVA's separate register). If you provide early years or out-of-school childcare, use "Which education and childcare rules apply to your business" to route to the childcare guides instead.
A setting providing full-time education to five or more pupils of compulsory school age — or to even one such pupil who has an education, health and care plan or is looked after by a local authority — is an independent school and must be registered with the Department for Education before operating. Conducting an unregistered independent school is a criminal offence under section 96 of the Education and Skills Act 2008. Registered schools must meet the independent school standards and are inspected by Ofsted or an approved inspectorate. The Children's Wellbeing and Schools Act 2026 will broaden this regime to settings providing the majority of a child's education, but those provisions are not yet in force.
Providers wanting access to student finance, degree-awarding powers or university title register with the Office for Students and must meet its ongoing conditions of registration — quality, standards, management and governance, and financial sustainability. The registration route reopened in August 2025 after a pause; annual fees are banded by student numbers.
Charging for car driving instruction is restricted: you must be on the DVSA's approved driving instructor register, or hold a DVSA trainee licence while you qualify. Qualification is a three-part process (theory, driving ability, instructional ability), with an enhanced-level criminal record check, registration for four years, and ongoing standards checks.
Private tutoring and most adult or professional training need no education-specific registration — but the supporting duties still bite. Tutors working with children unsupervised on a regular basis (once a week or more, four or more days in 30, or overnight) are in regulated activity: enhanced DBS checks, a safeguarding policy and safe-recruitment records are expected, and parents will look for them. Training providers delivering funded apprenticeships must be on the APAR register and are inspected by Ofsted. All providers handle personal data about learners — register with the ICO and pay the data protection fee unless exempt. Alongside all of this sit the ordinary employer duties — employers' liability insurance if you employ anyone, public liability and professional indemnity cover as appropriate, and a fire risk assessment for your premises.
Independent school → DfE registration before opening; higher education → OfS; paid driving instruction → ADI register or trainee licence; funded apprenticeships → APAR; pure tutoring/adult training → none.
Enhanced DBS with barred-list checks for staff in regulated activity with children; a safeguarding policy and named lead; safer-recruitment records.
Employers' liability (£5 million minimum) if you employ anyone, public liability and professional indemnity as appropriate; fire risk assessment for your premises.
Learner and family records are personal data — pay the data protection fee unless exempt and set retention rules.
Independent school standards and inspection; OfS conditions of registration; ADI standards checks; APAR funding rules and Ofsted inspection for apprenticeship providers.
Follow "Becoming an apprenticeship training provider" for APAR routes, the levy and funding rules, and Ofsted inspection of providers.
If your setting also provides childcare for under-8s, follow "Start and Register a Childcare Business" — Ofsted childcare registration is separate from school registration.
Follow "Safer Recruitment for Childcare Settings" — the same DBS and recruitment-record disciplines apply to education businesses working with children.
The education registration gateways.