Guidance

Registering and inspecting school-based provision

Updated 10 September 2025

This guidance is for maintained schools, academies, multi-academy trusts and independent schools. It sets out when they must register with Ofsted their early years or childcare provision that is made directly by the school and managed by the governing body. It also provides information about how we carry out our inspections.

Introduction

According to section 18 of the Childcare Act 2006, childcare is any form of care for a child, including education or any other supervised activity.

Most childcare providers caring for children under 8 years old must register with Ofsted unless the law does not require them to.

This guidance sets out the criteria that a school must meet for any school-based early years provision to be exempt from registration. If the school does not meet these criteria, other exemptions may be available, which have their own criteria. These can be found in the Registration exemptions guidance. Please refer to the Childminders and childcare providers: register with Ofsted guidance for more information about the requirements for a school to register with Ofsted, including the Childcare Register requirements.   

We register childcare provision on the:

• Early Years Register
• General Childcare Register

A summary of the legislative framework

Part 3 of the Childcare Act 2006 sets out when and how early years and childcare providers must register their provision with Ofsted. In relation to provision for a child or children aged 2 years or over, sections 34(2) and 53(2) allow schools to be exempt from registering separately with Ofsted if:

• the provision is made at the school as part of the school’s activities
• the provision is made by the proprietor or a person employed to work at the school, and
• at least 1 of the children is a registered pupil of the school ^{[footnote 1]}

The provision must meet all 3 criteria set out above (referred to as sub-sections hereafter) for a school to rely on the school-based early years and childcare provision exemptions outlined in the Childcare Act 2006.

To determine whether school-based provision satisfies the first criterion of ‘the provision is made at the school’, we use the definition of ‘school buildings’ (read with the connected definition of ‘premises’), as set out in section 579(1) of the Education Act 1996. If the definition of ‘school buildings’ is not met, we will not consider the provision as being ‘made at the school’ and we will require it to register with us, unless other exemptions are available.

A registered pupil is a pupil who is registered in the school’s register, which is kept under section 434 of the Education Act 1996 and the School Attendance (Pupil Registration) (England) Regulations 2024. For the purposes of early years provision, including that made under section 27 of the Education Act 2002, the requirement to have at least 1 registered pupil attending the provision can be satisfied by having a Reception Year pupil (because we consider a Reception Year pupil to be a registered pupil attending early years provision in the school).^{[footnote 2]} There is no requirement for pupils to be in the same room.

Unless a different exemption applies, the provision must always be registered with Ofsted if there are children aged 0 to 2 years old in it, and at least 1 child attends for more than 2 hours a day.

When we grant early years registration, it will cover all early-years-aged children attending the registered provision. Depending on the way that the provision is organised by the school, this might mean that only 0- to 2-year-olds are included in the registered provision, or older children within the early years age range might be included as well.

Inspection arrangements will differ depending on how the provision is organised within the school. See the Annex: scenarios where provision is made by the school’s governing body or MAT for further information and examples.

Regardless of whether the school-based early years provision is required to be registered with Ofsted or is able to rely on the school-based exemption set out in this guidance, the school must deliver the relevant early years foundation stage (EYFS) for children in the early years age group. This may include care provided outside of the school day, for example wraparound provision.^{[footnote 3]}

The General Childcare Register

The General Childcare Register has both compulsory and voluntary parts.

The compulsory part is for:

• childcare provision for children from the 1 September after the child’s fifth birthday up until their eighth birthday

The voluntary part is for the voluntary registration of:

• any childcare for children aged 8 and over
• specific types of exempt childcare provision for children of any age, that the provider chooses to register

The law states that education or other supervised activity provided by a school during school hours, for registered pupils who are older than the early years age range, is not childcare. As such, Ofsted is not required to register it.  

However, if a school is providing childcare that is exempt from registration with Ofsted under section 53(2) of the Childcare Act 2006, they must still meet the requirements of the compulsory part of the General Childcare Register.

If a school provides childcare for more than 2 hours a day for children who are aged between 5 and 8 years old, and none of the children are pupils at the school, the school must register on the compulsory part of the General Childcare Register – unless it meets a different exemption.

For example, if a secondary school makes provision such as wraparound care for children aged under 8 years, it will need to register on the compulsory part of the General Childcare Register, as none of the children will be pupils of the secondary school. If there are children in the early years age group attending, the provision must also be registered on the Early Years Register.

A school can choose to register on the voluntary part of the General Childcare Register if it provides care for children aged 8 years and over and none of the children are registered pupils at the school.

Early years or childcare provision on a school site, which is not made directly by the school

A school may have early years or childcare provision on its site made by a provider that is separate to the school. This could be through:

• the school commissioning another organisation to care for children before or after the school day, or
• the school renting out an empty classroom or another building on the school site to a separate provider to run a nursery

Where the provider is not the school, it is the provider who must register with us. Depending on the age of the children attending, they must register on the Early Years Register or the General Childcare Register, or both if the provision meets the requirements for registration and is not exempt from compulsory registration. Please see the Childminders and childcare providers: register with Ofsted guidance for more information, including the Childcare Register requirements.

Early years and childcare provision made alongside provision for school pupils

Some schools have arrangements with a registered provider to share the premises, such as a classroom. For example, if numbers of children in the Reception class and key stage 1 are low, the school might decide to combine with a registered provider and share premises. This might be in order to share costs and facilities.

Under these arrangements, both parties need to be aware of their own responsibilities for meeting the requirements of the EYFS and/or General Childcare Register. The parties may share policies and procedures, but each must make sure that these are right for them and allow them to meet their legal requirements.

The premises must be for the sole use of the provision during the hours of operation. In these cases, we interpret ‘provision’ as delivering education and ensuring that the requirements of the EYFS or General Childcare Register are met, in a way that allows the school and the registered provider to operate alongside each other.

Wraparound provision operating on a school site 

Where wraparound provision is required to be registered with Ofsted, the registered provision could be operated:

• non-domestically, such as childminders without domestic premises or nurseries operating in non-domestic buildings
• domestically, such as childminders who are domestically registered, and childcare on domestic premises, which may operate for the majority of the time away from their domestic base

If wraparound provision is operated by a school and meets all 3 sub-sections of the school exemption criteria, the school is not required to register that provision. The provision cannot be registered on the voluntary part of the General Childcare Register.  

If wraparound provision is operated by a school and does not meet all 3 sub-sections of the school exemption criteria, or is operated by a separate organisation, the provision needs to be registered on the Early Years Register and/or the compulsory part of the General Childcare Register, depending on the age of the children being cared for. The only exception to this would be if it meets the requirements of the other exemptions referred to at the start of this document.  

Activity-based clubs

Schools which offer provision that does not meet all 3 sub-sections of the school exemption criteria may still not have to be registered with Ofsted if they can meet the activity-based exemption requirements as explained in Ofsted’s registration exemptions guidance.

If the provision does not have to be registered because it meets the activity-based exemption, the school may still choose to apply to register on the voluntary part of the General Childcare Register. This may be relevant to wraparound provision, holiday activities and food (HAF) provision, and activity-based school clubs. 

Meeting legal requirements while operating exempt provision 

Provision made by a school for children who are not in the early years age range, but that is exempt from registration by virtue of the school-based exemption, must still meet the ongoing requirements for registration set out in our guidance on childcare registration requirements.

The same applies to early years provision in schools. Schools providing early years provision that is exempt from registration by virtue of the school-based exemption must still comply with the relevant requirements of the EYFS.

The same does not apply to the voluntary part of the General Childcare Register. Only those providers that have chosen to register on the voluntary part must comply with the ongoing requirements.

Maintained schools that join a federation

The principles of registration with Ofsted set out above apply equally to federations as they do to other types of school.

When a maintained school joins a federation, if it has been directly providing separately registered early years or childcare provision for children under the age of 2 years (and this provision was made by the governing body), the new federated governing body must apply to Ofsted to register this provision. This is because, in law, joining a federation changes the legal status of the registered provider, so that a new registration is required.

Similarly, if a school defederates, or the federation is dissolved, the legal status of the registered provider is changed and, again, a new registration may be required.

The federated governing body of the school should apply to Ofsted to register its early years or childcare provision for children under the age of 2 years once the consultation on the formal proposal to federate has been published or as soon as the instrument of government has been agreed. Applying at this stage will allow us to begin the necessary administrative processes in good time and will make it more likely that the registration will be complete by the time the school officially federates.

A school can apply for registration of early years or childcare provision for children under the age of 2 years at any time before the federation date, but if there is a delay in applying, the school will not be able to operate this provision until registration is granted. It is an offence to operate such provision without registration without reasonable excuse.

Maintained schools that become academies or re-broker

The principles of registration with Ofsted set out above apply equally to academies as they do to other types of school.

Academies that offer early years or childcare provision that is directly made on site must ensure that the children attending are pupils of the academy.^{[footnote 4]} If necessary, the academy must lower its age range accordingly. See the Department for Education (DfE)’s guidance on Academies: making significant changes or closure by agreement.

When a maintained school passes a resolution in favour of academy conversion or has been made the subject of an academy order, and it has been directly providing separately registered early years or childcare provision (which is made by the governing body), the trust of the new academy must apply to Ofsted to register the provision. This is because conversion to an academy changes the legal status of the registered person, so a new registration is required. When an existing academy is re-brokered to another academy trust, the same applies and that trust must apply for a new registration.

The new trust of the school should apply to Ofsted to register the early years or childcare provision for children once the Secretary of State has issued the academy order, or as soon as the new trust is known and the funding agreement with DfE has been signed. Applying at this stage will allow us to begin the necessary administrative processes in good time and will make it more likely that the registration will be complete by the time the former maintained school officially opens as an academy or changes the academy trust.

A school can apply for registration of early years or childcare provision at any time after receiving the academy order but, if there is a delay in applying, the school will not be able to operate this provision until registration is granted. It is an offence to operate such provision without registration without reasonable excuse.

Multi-academy trusts

The principles of registration with Ofsted set out above apply equally to multi-academy trusts (MATs) as they do to other types of school.

There may be some instances when early years or childcare provision (including pre-schools, wraparound provision and holiday clubs) is made by the MAT on the site of a secondary academy within the trust. Usually in these cases, even if the children are over 2 years old, registration on the Early Years Register is required. This is because the early years or childcare provision being made at the secondary academy is unlikely to be part of the academy’s activities, and none of the registered pupils of the secondary academy will attend the provision.

The DfE has provided a range of models for academies wishing to run childcare. The requirements in terms of registration with Ofsted are set out below.

• The primary academy directly runs early years or childcare provision on its own site. The provision is likely to meet the school exemption from registration as long as it meets all 3 sub-sections of the criteria outlined in A summary of the legislative framework.
• The MAT board directly runs early years or childcare provision at a primary academy within the MAT. The provision is likely to meet the school exemption from registration as long as it meets all 3 sub-sections of the criteria outlined in A summary of the legislative framework.
• The primary academy directly runs early years or childcare provision on a site other than the academy itself. As set out in A summary of the legislative framework, when the site on which the provision is based meets the definition of ‘school buildings’ (read with the connected definition of ‘premises’), and as long as the provision meets the other 2 sub-sections of the criteria, the provision will be exempt from registration with Ofsted. However, if the site does not meet the definition of ‘school buildings’, the provision is likely to require registration.
• The primary or secondary academy arranges for an independent provider to run early years or childcare provision from the academy site. The independent provider needs to register with Ofsted, subject to any other available exemptions, because the school exemption from registration only applies when the school is directly running the provision.

Not all provision on a school site meets neatly or easily the school exemption criteria for registration as defined by law. Therefore, we deal with each application to register or make a change to a registration on a case-by-case basis. The examples in the Annex show how varied early years or childcare provision on school sites and/or managed by the governing body can be. They also show how we deal with this in our policy for registering provision, including how we will inspect the provision.

Independent schools

The principles of registration with Ofsted set out above apply equally to independent schools, including those that are part of an association affiliated to the Independent Schools Council (ISC), as they do to other types of schools.

Where a school is a member of an association, the Independent Schools Inspectorate (ISI) inspects independent schools on Ofsted’s behalf. See our guidance on Regulating and inspecting association independent schools with an early years registration for more information.

Annex: scenarios where provision is made by the school’s governing body or MAT 

Please note that this is not an exhaustive list of scenarios. We intend to provide a variety of example scenarios for illustrative purposes only.

1. A maintained primary school with nursery class and Reception class

The school takes children once they turn 2 years old. The provision has its own classroom.

Scenario	Registration required or exempt	How Ofsted will inspect
All early years children are on the same site in the same building but indifferent classrooms. The governing body employs an individual to run the provision.	This is exempt from registration because there are no children under the age of 2 years, and all exemption criteria are met.	One school inspection covers provision for children aged 2 to 11 years. A judgement about the early years provision (2-year-olds, nursery and Reception children) is included in the report.
Provision for 2-year-olds takes place in additional buildings on a different site(s) from the school. The building is managed by the school and forms part of the school buildings.	This is exempt from registration because there are no children under the age of 2 years, and all exemption criteria are met.	One school inspection covers provision for children aged 2 to 11 years. A judgement about the early years provision (2-year-olds, nursery and Reception children) is included in the report.
The governing body of the school runs a forest school for children aged 2 to 4 years on its detached playing fields.	This is exempt from registration because there are no children under the age of 2 years, and all exemption criteria are met.	One school inspection covers provision for children aged 2 to 11 years. A judgement about the early years provision (2-year-olds, nursery and Reception children) is included in the report.

2. A maintained primary school with children from Reception to 11 years old

Scenario	Registration required or exempt	How Ofsted will inspect
The school also makes provision within the school building for children from 0 to 4 years.	Registration is required because the provision includes children under the age of 2 years.	One school inspection covers provision for children aged 4 to 11 years. A judgement about the early years provision for 4- and 5-year-olds (Reception) is included in the report. The separately registered provision for children aged 0 to 4 years is inspected separately as a registered early years inspection.
Provision for children aged 0 to 4 years is in a different building on the school site.	Registration is required because the provision includes children under the age of 2 years.	One school inspection covers provision for children aged 4 to 11 years. A judgement about the early years provision for 4- and 5-year-olds (Reception) is included in the report. The separately registered 0- to 4-year olds’ provision is inspected separately as a registered early years inspection.

3. A maintained primary school with children aged 3 to 11, which includes a nursery and Reception

In these scenarios, the fact that some children attend both provisions is not relevant to inspection. It is the quality of the provision that is inspected and not the children. Where school and registered provision are in the same room, inspectors need to be aware and consider this in their evidence collection and judgements.

Scenario	Registration required or exempt	How Ofsted will inspect
The school also makes provision for children aged 0 to 4 years in the school building. Children who attend the nursery class also attend this provision for wraparound care.	Registration is required because the provision includes children under the age of 2 years.	One school inspection covers provision for children aged 3 to 11 years. A judgement about the early years provision (nursery and Reception) is included in the report. Provision for children aged 0 to 4 years is not inspected as part of the school inspection. The registered provision for children aged 0 to 4 years is inspected separately as a registered early years inspection.
The school makes provision for children aged 0 to 4 years in a different building on the school site.	Registration is required because the provision includes children under the age of 2 years.	One school inspection covers provision for children aged 3 to 11 years. A judgement about the early years provision (nursery and Reception) is included in the report. Provision for children aged 0 to 4 years is not inspected as part of the school inspection. The registered provision for children aged 0 to 4 years is inspected separately as a registered early years inspection.

4. A maintained primary school with children from Reception to 11 years old, which has a privately managed early years provision for children aged 2 to 4

Scenario	Registration required or exempt	How Ofsted will inspect
The provision for children under the age of 4 years is not made by the school’s governing body. It is provided in a room/building owned by the school.	The private provider is required to register the pre-school provision with Ofsted.	One school inspection covers provision for children from Reception to 11 years old. A judgement about the early years provision (Reception) is included in the report. The privately managed provision made for 2- to 4-year-olds is inspected separately as a registered early years inspection.

5. A small rural primary school with children aged 2 to 11

Scenario	Registration required or exempt	How Ofsted will inspect
The school makes provision for children aged 2 to 4 years. Due to small numbers, all children in the early years (2-year-olds, nursery and Reception children) are in the same classroom and managed by the same staff.	This is exempt from registration because there are no children under the age of 2 years, and all exemption criteria are met.	One school inspection covers provision for children aged 2 to 11 years. A judgement about the early years provision (2-year-olds, nursery and Reception children) is included in the report.[footnote 5]

Schools can decide how to deploy resources but must have regard for requirement 3.40 in the Statutory framework for the early years foundation stage: children aged 2; however, the staffing ratios are the same (one to 4) for all provider types.

6. A maintained nursery school with children aged 3 to 4

The fact that some children attend both the nursery school and the wraparound provision is not relevant to inspection. It is the quality of the provision that is inspected and not the children. Where school and registered provision is in the same room, inspectors are aware and consider this in their evidence collection and grades.

Scenario	Registration required or exempt	How Ofsted will inspect
Children only attend the maintained nursery school. No separate provision is made.	Registration is notrequired.	The nursery school receives a school inspection, which covers provision for 3- to 4-year-olds.
The school also makes provision for children aged 0 to 2 years in the nursery school building, which is managed by the governing body. No other children from the nursery school attend this provision.	Registration is required for provision made for children aged 0 to 2 years because there are children under the age of 2 years.	The separately registered provision for children aged 0 to 2 years is inspected separately as a registered early years inspection.
The school also makes provision for children aged 0 to 4 years in the nursery school building, which is managed by the governing body. Children who attend the nursery school also attend this provision for wrap around care.	Registration is required for provision made for children aged 0 to 4 years because there are children under the age of 2 years.	The nursery school receives a school inspection, which covers provision for 3- to 4-year-olds. The separately registered provision for children aged 0 to 4 years is inspected separately as a registered early years inspection.

7. An independent school for children aged 2 to 11

All independent schools must contact the DfE to request a material change if they intend to lower their age range to include 2-year-olds. Registration requirements are the same for independent schools as they are for state-funded schools.

Scenario	Registration required or exempt	How Ofsted will inspect
The school also makes provision for children aged 2 to 4years in the school building.	This is exempt from registration because there are no children under the age of 2 years, and all exemption criteria are met.	One independent school inspection covers provision for children aged 2 to 11 years. A judgement about the early years provision (2-year-olds, nursery and Reception children) is included in the report.
The school makes provision for children aged 2 to 4 years in separate buildings on the same site.	This is exempt from registration because there are no children under the age of 2 years, and all exemption criteria are met.	One independent school inspection covers provision for children aged 2 to 11 years. A judgement about the early years provision (2-year-olds, nursery and Reception children) is included in the report.
The school makes provision for children aged 2 to 4 years in separate buildings on a different site. The building is managed by the school and forms part of the school buildings.	This is exempt from registration because there are no children under the age of 2 years, and all exemption criteria are met.	One independent school inspection covers provision for children aged 2 to 11 years. A judgement about the early years provision (2-year-olds, nursery and Reception children) is included in the report.
The school also makes provision for children aged 0 to 4 years in a different building on the school site.	Registration is required because the provision includes children under the age of 2 years.	One independent school inspection covers provision for children aged 2 to 11 years. A judgement about the early years provision (2-year-olds, nursery and Reception children) is included in the report. Provision for children aged 0 to 4 years is not inspected as part of the inspection of the independent school. The registered provision for children aged 0 to 4 years is inspected separately as a registered early years inspection.

8. An all-through academy with children aged 2 to 18 (including free schools)

Scenario	Registration required or exempt	How Ofsted will inspect
Three separate buildings, for children aged 2 to 5 years, 5 to 11 years and 11to 18 years, are on the same site. The headteacher and some members of the trust board have formed a committee to run the provision.	This is exempt from registration because there are no children under the age of 2 years, and all exemption criteria are met.	One school inspection which will cover provision for children aged 2 to 11 years. A judgement about the early years provision (2-year-olds, nursery and Reception children) is included in the report.
Provision for 2- to 5-year-oldstakes place in additional buildings on a different site(s)from the school. The building is not managed by the school and does not form part of the school buildings.	Registration is required because the provision is not being made at the school.	One school inspection covers provision for children aged 4 to 11 years. A judgement about the early years provision (Reception) is included in the report. The separately registered provision for children aged 2 to 4 years is inspected separately as a registered early years inspection.

9. A multi-academy trust with children aged 3 to 18 throughout all its schools

Scenario	Registration required or exempt	How Ofsted will inspect
The trust operates a nursery for children aged 2 to 4 years at a secondary academy within the trust.	Registration is required because the secondary school will not have one registered pupil of the school present in the early years provision.	One school inspection covers provision for children aged 11 to 18 years. The separately registered provision for children aged 2 to 4 years is inspected separately as a registered early years inspection.
The secondary academy operates a holiday club for children aged 4 to 15 years for more than 4 hours a day.	Registration is required because the provision is unlikely to be part of the school’s activities. Any children attending the provision who are within the relevant age range will not be pupils at the school.	One school inspection covers provision for children aged 11 to 18 years. The separately registered early years provision is inspected separately as a registered early years inspection.
The primary academy operates a nursery for children aged 3 to 4years on the school site. There is at least one registered pupil of the school attending the provision.	This is exempt from registration because there are no children under the age of 2 years, and all exemption criteria are met.	One school inspection covers provision for children aged 3 to 11 years. A judgement about the early years provision (nursery and Reception) is included in the report.
The trust operates a nursery for children aged 3 to 4 years and also makes provision for children aged 0 to 4 years in a primary academy school building. Children who attend the nursery school also attend this provision for wraparound care.	Registration is required for provision made for children aged 0 to 4 years because there are children under the age of 2 years.	One school inspection covers provision for children aged 3 to 11 years. The separately registered provision for children aged 0 to 4 years is inspected separately as a registered early years inspection.
The primary academy also makes provision in the school building and in a different building on the same site for children aged 0 to 2 years.	Registration is required because the provision includes children under the age of 2 years.	One school inspection covers provision for children aged 3 to 11 years. The provision for children aged 0 to 2 years is inspected separately as a registered early years inspection.

More information from Ofsted

There is more information about early years and childcare registration on our website. If you are not sure whether you have to register, please contact us via email: enquiries@ofsted.gov.uk. When emailing us, please refer to ‘RISBP’ in the subject of the email.

The law that sets out our responsibilities is the Childcare Act 2006 and linked regulations. The specific order setting out exemptions from compulsory registration is the Childcare (Exemptions from Registration) Order 2008 (2008 No. 979).

Further information

Your local family information service can provide you with advice on registration. You can get their contact details from your telephone directory or from your local council.

1. The exemptions in section 34(2) and 53(2) apply to the following educational ‘institutions’: maintained schools, non-maintained special schools, and independent educational institutions, including academy schools and independent schools. ↩

2. For academies, this will be satisfied by Reception Year pupils when the age range of the academy has been lowered to reflect all children attending, including those below compulsory school age. ↩

3. References to ‘wraparound provision’ in this document refer to before- and after-school childcare for primary school-aged children in England, which is provided outside of the school day. For the purposes of this guidance, this can include breakfast clubs. ↩

4. The provision is run by the trust board of the academy, the trust board of any multi-academy trust (MAT) that is the proprietor of an academy, or staff of the academy. ↩

5. Inspectors may decide not to give a grade and not to report on the early years if there is the risk that it is possible to identify individual pupils because numbers are so small. Usually, this will be when there are fewer than 5 pupils. More information can be found in the School inspection handbook. ↩