Childcare Act 2006
What this means for your business
- Applies to
- United Kingdom
- On this page
- 43 compliance obligations, 10 practical guides across 2 topics
What you must do
43 compliance obligations under this legislation — 3 can result in imprisonment.
Appointments 1
Have a representative on the children's centre advisory board
If your business runs a children’s centre that’s organised by a local authority, you must put a person from your centre on the local authority’s advisory board. The board gives advice to help the centre run well, and you need a voice there so that your centre’s interests are represented. It’s a small set‑up requirement that keeps you involved in the board’s decision‑making.
Inspections 2
Allow inspections of your later‑years childcare service
If you run a childcare service for children aged 5‑12 and are registered on the General Childcare Register, you must let the Chief Inspector carry out an inspection whenever the Secretary of State orders one, and also when the inspector decides an inspection is appropriate. You may also have to tell certain people (as set out in regulations) that an inspection is about to happen.
Provide access for assessment inspectors
If the Secretary of State issues an order about assessment arrangements in your early‑years setting or school, you must allow the appointed inspectors to enter your premises, observe how the arrangements are carried out and examine any documents. This duty is triggered by a formal government order and is ongoing while that order is in force.
Management duties 2
Comply with local authority childcare conditions and repay if breached
If your childcare provider receives financial help from the local authority, you must meet the conditions the authority sets out. If you fail to meet those conditions, you will have to repay all or part of the money you were given.
Ensure early years provision meets EYFS learning and welfare standards
If you run an early years setting that is registered (or would be required to register) under the Childcare Act, you must make sure the education and care you provide follows the Early Years Foundation Stage framework. This means delivering the statutory learning and development curriculum and meeting all required welfare standards for the children in your care.
Notifications 5
Notify Chief Inspector of intention to become a later years childminder agency
If you run an early‑years childminder agency and want to start providing later‑years care, you must formally tell the Chief Inspector of your intention. The Inspector will then register you as a later‑years agency and issue a certificate confirming the change.
Notify Chief Inspector of voluntary removal from register
If you run a registered early‑years or later‑years childminder agency and decide you no longer want to be on the register, you must send a written notice to the Chief Inspector stating your wish to be removed. The Inspector will then take you off the early years register or Part A of the general childcare register, unless they are already planning to cancel your registration or an appeal is pending.
Notify Chief Inspector to change registration to Part B
If you are already registered as a childminder or other childcare provider and you want to move onto Part B of the general childcare register, you must inform the Chief Inspector. Once you give notice, the Chief Inspector is required to re‑register you in Part B and issue a new certificate of registration.
Notify the Chief Inspector before offering later‑years childcare
If your business is already registered as an early‑years childminder or provider and you want to start offering later‑years childminding, you must inform the Chief Inspector of your intention. The Inspector will then add you to the general childcare register and issue a registration certificate. You cannot start the later‑years service until you have given that notice.
Notify the Chief Inspector if you want to leave the childcare register
If you run a childcare service that is registered under the Childcare Act and you decide you no longer want to be on the register, you must send a written notice to the Chief Inspector stating your wish to be removed. The Chief Inspector will then take you off the register unless other cancellation steps are already in progress.
Other requirements 1
Meet local authority conditions to keep childcare funding
If you run a childcare service in Wales and your local authority gives you financial help, you must follow all the rules they set. If you fail to meet those rules you may need to pay back the money you received.
Payments and fees 3
Pay fee for a replacement registration certificate
If your early years childcare registration certificate is lost or destroyed, you must pay the prescribed fee to the Chief Inspector to receive a replacement copy. The fee and the new certificate will be issued once the payment is made.
Pay fee for replacement registration certificate
If your early years childminder agency loses or destroys its registration certificate, you must pay the prescribed fee to the Chief Inspector to get a copy. Keep the original safe to avoid the fee and ensure you can keep the certificate up‑to‑date.
Pay fee for replacement registration certificate if lost
If your later‑years childcare registration certificate is lost or destroyed you must pay the prescribed fee to the Chief Inspector to get a replacement copy. Keep the original safe so you don’t incur the cost of a new certificate.
Offences and prohibitions 21
Corporate or partnership liability for childcare offences
If your company or partnership commits any offence under the Childcare Act 2006, the organisation itself can be prosecuted. In addition, any director, manager, partner or anyone acting in that capacity who consented, turned a blind eye or was negligent will also be personally liable. The penalties will be those attached to the underlying offence.
Employ or involve a disqualified person in a childminder agency
51 weeks imprisonmentIf you run a childminder agency, you must not allow a person who has been disqualified from registration to work for you, be on the governing board, or even enter the premises. A disqualified person must also refrain from exercising any agency functions or representing themselves as able to do so. Breaching these rules is a criminal offence that can lead to up to 51 weeks’ imprisonment, an unlimited fine, or both.
Fail to comply with imposed registration condition
Unlimited fineIf you run a registered early years setting and the Chief Inspector attaches a condition to your registration, you must follow that condition. Failing to do so without a reasonable excuse is a criminal offence. On conviction you will be tried in the magistrates' court and face an unlimited fine.
Fail to comply with imposed registration conditions
Unlimited fineIf your early years childminder agency does not follow a condition that the Chief Inspector has placed on your registration – and you have no reasonable excuse – you commit a criminal offence. On summary conviction in a magistrates' court you can be fined, with the fine amount not capped (unlimited). There is no custodial sentence attached to this offence.
Fail to comply with registration condition
Unlimited fineIf your later‑years childminder agency does not follow a condition that the Chief Inspector has placed on your registration – and you cannot show a reasonable excuse – you are committing a criminal offence. On conviction in the Magistrates’ Court you face an unlimited fine. No prison term is attached to this offence.
Fail to comply with registration condition
Unlimited fineIf your childcare service is registered on Part B of the general childcare register and the Chief Inspector has imposed conditions on that registration, you must follow those conditions. Failing to do so, without a reasonable excuse, constitutes a criminal offence. On conviction you face an unlimited fine in the magistrates’ court.
Fail to comply with registration conditions for later years provider
Unlimited fineIf you run a later‑years childcare service that is registered on Part A of the general childcare register and you do not follow any condition the Chief Inspector has placed on your registration (without a reasonable excuse), you commit a criminal offence. On conviction in the magistrates’ court you face a fine up to level 5 on the standard scale (an unlimited fine).
Falsely claim to be a later years childminder agency
Unlimited fineIf you say you are a later‑years childminder agency when you are not, and you have no reasonable excuse, you commit a criminal offence. On conviction in the Magistrates’ Court you face an unlimited fine. The offence applies to any person or business who makes the false representation.
Falsely claim to be an early years childminder agency
Unlimited fineIf you say you are an early years childminder agency when you are not, and you have no reasonable excuse, you are committing a criminal offence. A conviction in the Magistrates' Court can result in an unlimited fine. No custodial sentence is provided for this offence.
Obstruct a childcare inspector
Fine up to £2,500If you intentionally prevent or hinder a Chief Inspector from entering your premises to carry out an inspection of early years or later years childcare provision, you commit a criminal offence. On conviction you will be fined up to £2,500 under summary proceedings (Magistrates’ Court). No imprisonment is provided for this offence.
Obstruct a childcare inspector's entry
Fine up to £2,500If you intentionally block or hinder an inspector (or any other person exercising powers under section 98D) from entering a children’s centre for an inspection, you commit a criminal offence. On conviction in the Magistrates' Court you can be fined up to £2,500. No prison term is attached to this offence.
Obstruct a childminder agency inspection
Fine up to £2,500If you deliberately block or hinder a Chief Inspector from entering premises to inspect an early years or later years childminder agency, you commit a criminal offence. On conviction in the Magistrates' Court you face a fine of up to £2,500. There is no custodial sentence attached to this offence.
Operate a childminder agency while registration is suspended
Unlimited fineIf your childminder agency’s registration is suspended and you still provide services or say you can provide services, you have committed an offence. The offence can be prosecuted in the Magistrates’ Court and carries a fine of up to an unlimited amount. No prison term is specified.
Operate childcare services while disqualified
51 weeks imprisonmentIf you have been disqualified from registration under the Childcare Act and you still provide, manage or employ someone in early years or later years childcare, you commit a criminal offence. The offence also covers a provider who employs a disqualified person or registers a disqualified person through a childminder agency. On conviction you face up to 51 weeks in prison, an unlimited fine, or both.
Provide child care while registration is suspended
Unlimited fineIf you are a registered early‑years or later‑years childminder or provider and you continue to deliver child‑care services on any premises (or generally) while your registration has been suspended, you are committing an offence unless you have a reasonable excuse. On conviction you face an unlimited fine, dealt with in the magistrates’ court.
Provide childminding without registration while under enforcement notice
Unlimited fineIf you run early years childminding in a home and an enforcement notice has been served against you, you must be properly registered. Providing childminding without registration (or a reasonable excuse) while the notice is in effect is a criminal offence. On conviction in the magistrates' court you face an unlimited fine.
Provide unregistered early years provision
Unlimited fineIf you run an early years (childcare) service on non‑domestic premises in England and you are not registered as required, you are committing an offence. The offence applies unless you have a reasonable excuse. On conviction you face a summary‑court fine that can be unlimited.
Provide unregistered later years childcare for under‑8s
Unlimited fineIf you run a later‑years childcare service for children under eight on non‑domestic premises in England and you are not registered as required (or do not fall within the stated exemptions), you are committing a criminal offence. On conviction in the Magistrates' Court you face an unlimited fine, but no jail term.
Provide unregistered later years childminding while under enforcement notice
Unlimited fineIf you run a later‑years childminding service (for children under eight in a domestic setting) you must be registered on the general childcare register or with a recognised agency. If a Chief Inspector serves you with an enforcement notice and you keep providing care without being registered, you commit a criminal offence. A conviction in the magistrates' court can result in an unlimited fine.
Submit false or misleading statement in registration application
Unlimited fineIf you knowingly give false or misleading information in an application for registration under the Childcare Act (chapters 2‑4), you commit a criminal offence. On conviction in the magistrates' court you face a fine of unlimited amount (level 5 on the standard scale). No custodial sentence is provided for this offence.
Unauthorised disclosure of early years provision information
2 years imprisonmentIf you share personal information about a child or family that you have received under the Childcare Act – for example eligibility or funding details – without a lawful reason (such as a court order, a duty to act, or the person's consent), you commit a criminal offence. Conviction can lead to up to two years in prison and an unlimited fine, or up to six months and a fine in a magistrates' court.
Record keeping 2
Keep and share inspection reports with authorised people
If your child‑minder agency is inspected, the inspector will send you a written report. You must hold onto that report and provide copies to any people the law says can see it – for example regulators or government departments – without delay. In some cases you may be allowed to charge a fee for giving the report, depending on regulations.
Keep a valid childminder registration certificate
Once your later‑years childcare business is registered, you must hold the certificate that the Chief Inspector gives you. If you lose or damage the certificate, you need to ask for a replacement and pay any fee that applies. Keep the certificate up‑to‑date and have a copy handy at all times.
Registration and licensing 3
Maintain register and issue certificates for childminder providers
If your agency is approved to register a childminder (whether they work from home, from a separate premises, or are another early‑years provider), you must add them to your agency’s register and give them a certificate that includes all required details. When the provider’s circumstances change, you must promptly issue an updated certificate.
Register later‑years childminders and issue certificates
When your agency approves an application for a later‑years childminder (with or without domestic premises) or another later‑years provider, you must add them to your agency’s register and give them a certificate of registration. If any details change, you must send the provider an updated certificate.
Register your childcare provision and keep the certificate valid
If you run a childcare service, you must apply to be listed on the national childcare register. Once you’re registered you’ll receive a certificate, which you must keep with you, update if circumstances change, and replace if it’s lost or destroyed (paying the prescribed fee).
Reporting and filing 3
Keep and make inspection reports available
When the childcare inspector carries out an inspection, they will send you a written report about how your provision is performing. Your business must keep this report on file and, under the Act, make it available for inspection by the regulator and other authorised parties – and pay a fee if you provide a copy to a prescribed person.
Provide copies of inspection reports to prescribed persons
If your care provider is inspected, the Chief Inspector will send you a report. You must then make that report available for inspection by the relevant authority or other parties and, if required, give copies to these people and possibly charge a reasonable fee. This is a record‑keeping/ reporting duty for the business running the child‑care service.
Provide inspection reports to prescribed persons and allow inspection
When your early years childminder agency is inspected, the Chief Inspector will send you a written report. Regulations may require you to make that report available for inspection by certain prescribed persons, to give them copies on request, and, in some cases, to charge a fee for providing the copy. You must do this promptly and keep a record of what you provided and any fees charged.
Penalties for non-compliance
21 penalties under this legislation. 3 can result in imprisonment. 17 carry an unlimited fine.
Employ or involve a disqualified person in a childminder agency
Unlimited fine and/or 51 weeks imprisonment
Operate childcare services while disqualified
Unlimited fine and/or 51 weeks imprisonment
Unauthorised disclosure of early years provision information
Unlimited fine and/or 2 years imprisonment
Fail to comply with imposed registration condition
Unlimited fine
Fail to comply with imposed registration conditions
Unlimited fine
Fail to comply with registration condition
Unlimited fine
Fail to comply with registration condition
Unlimited fine
Fail to comply with registration conditions for later years provider
Unlimited fine
Falsely claim to be a later years childminder agency
Unlimited fine
Falsely claim to be an early years childminder agency
Unlimited fine
Operate a childminder agency while registration is suspended
Unlimited fine
Provide child care while registration is suspended
Unlimited fine
Provide childminding without registration while under enforcement notice
Unlimited fine
Provide unregistered early years provision
Unlimited fine
Provide unregistered later years childcare for under‑8s
Unlimited fine
Provide unregistered later years childminding while under enforcement notice
Unlimited fine
Submit false or misleading statement in registration application
Unlimited fine
Obstruct a childcare inspector
Fine up to £2,500
Obstruct a childcare inspector's entry
Fine up to £2,500
Obstruct a childminder agency inspection
Fine up to £2,500
Corporate or partnership liability for childcare offences
Penalty applies
Practical guidance
Our guides explain how to comply with the requirements above.
Sector-Specific 9
Start and Register a Childcare Business
Complete guide to registering and launching a childcare business in England, from Ofsted registration to EYFS compliance. Covers …
Support Children with SEND in Early Years Settings
Legal requirements and practical guidance for identifying and supporting children with Special Educational Needs and Disabilities (SEND) in …
Food Safety for Childcare Providers
Food safety and nutrition requirements for childcare settings, including food business registration, allergen management, HACCP systems, and Ofsted …
Outdoor Learning and Forest School in Early Years
Requirements for outdoor learning and forest school provision in early years settings, including risk assessment, insurance, qualifications, and …
Register Holiday Clubs and Out-of-School Care
Ofsted registration requirements for holiday clubs, breakfast clubs, after-school clubs, and wraparound care. Covers when registration is required, …
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, …
Register as a Childminder in England
Complete guide to becoming a registered childminder, from pre-registration training and DBS checks to Ofsted registration and setting …
Comply with the EYFS Statutory Framework
How to implement the Early Years Foundation Stage (EYFS) framework in your childcare setting. Covers safeguarding, staff ratios, …
Becoming an apprenticeship training provider
How to register as an apprenticeship training provider in England. Covers APAR registration, funding rules, Ofsted inspection, apprenticeship …
Sections and provisions
160 classified provisions from this legislation.
Duties 30
- s.3 Specific duties of local authority in relation to early childhood services
- s.5C Children's centres: advisory boards
- s.7 Duty to secure early years provision free of charge in accordance with regulations
- s.9 Arrangements between local authority and childcare providers
- s.11 Duty to assess childcare provision
- s.13 Duty to provide information, advice and training to childcare providers
- s.24 Arrangements between local authority and childcare providers
- s.32 Maintenance of the two childcare registers
- s.37A Early years childminder agencies: registers and certificates
- s.37 Entry on the register and certificates
- s.39 The Early Years Foundation Stage
- s.40 Duty to implement Early Years Foundation Stage
- s.42 Further provisions about assessment arrangements
- s.50 Report of inspections report sent
- s.51E Reports of inspections report sent
- s.51B Entry on the register and certificates
- s.56 Entry on the register and certificates
- s.56A Later years childminder agencies: registers and certificates
- s.57 Special procedure for providers registered in the early years register
- s.60 Inspections
- ... and 10 more duties
Offences and penalties 26
- s.13B Unauthorised disclosure of information received under section 13A
- s.33 Requirement to register: early years childminders with domestic premises
- s.34 Requirement to register: other early years providers
- s.38 Conditions on registration
- s.43 Welfare requirements
- s.51C Conditions on registration
- s.51F False representations
- s.52 Requirement to register: later years childminders for children under eight with domestic premises
- s.53 Requirement to register: other later years providers for children under eight
- s.58 Conditions on registration
- s.59 Regulations governing activities
- s.61D Conditions on registration
- s.61G False representations
- s.66 Conditions on registration
- s.69A Cancellation, termination and suspension of registration with a childminder agency
- s.69 Suspension of registration in a childcare register: early years and later years providers
- s.69C Suspension of registration: childminder agencies
- s.76B Consequences of disqualification: childminder agencies
- s.76 Consequences of disqualification : early years and later years providers
- s.77 Chief Inspector's powers of entry: early years provision and later years provision
- ... and 6 more offences and penalties
Powers 38
- s.1 General duties of local authority in relation to well-being of young children
- s.5B Children's centres: staffing, organisation and operation
- s.5 Power to amend sections 2 and 4
- s.6 Duty to secure sufficient childcare for working parents
- s.8 Powers of local authority in relation to the provision of childcare
- s.9A Arrangements made by local authorities for the purposes of section 7
- s.23 Powers of local authority in relation to the provision of childcare
- s.29 Powers of intervention of Welsh Ministers etc.
- s.41 The learning and development requirements
- s.44 Instruments specifying learning and development or welfare requirements
- s.45 Procedure for making certain orders
- s.46 Power to enable exemptions to be conferred
- s.49 Inspections
- s.51D Inspections of early years childminder agencies
- s.61E Inspections of later years childminder agencies
- s.67 Regulations governing activities
- s.68 Cancellation of registration in a childcare register: early years and later years providers
- s.69B Cancellation of registration: childminder agencies
- s.71 Termination of voluntary registration in Part B of the general childcare register on expiry of prescribed period
- s.73 Procedure for taking certain steps
- ... and 18 more powers
Definitions 27
- s.2 Meaning of “early childhood services” for purposes of section 3 parent prospective parent
- s.4 Duty of local authority and relevant partners to work together
- s.5A Arrangements for provision of children's centres
- s.5E Duty to consider providing services through a children's centre
- s.5G Children's centres: interpretation children's centre
- s.5D Children's centres: consultation
- s.12 Duty to provide information, advice and assistance parent prospective parent young person
- s.13A Supply of information: free of charge early years provision
- s.15 Powers of Secretary of State to secure proper performance etc. the 1996 Act education functions
- s.18 Meaning of childcare Childcare hospital
- s.20 Meaning of “early years provision” early years provision
- s.21 Interpretation of Part 1 childcare early years provision young child
- s.26 Power to require local authority to assess childcare provision
- s.27 Duty to provide information, advice and assistance parent prospective parent young person
- s.28 Inspection
- s.30 Interpretation of Part 2 childcare prescribed
- s.47 Independent schools independent school standards
- s.51 Interpretation of Chapter 2 learning and development requirements welfare requirements
- s.72 Protection of children in an emergency
- s.75 Disqualification from registration : early years and later years providers registration enactment
- ... and 7 more definitions