How to appeal: guidance for childcare providers when an application has been refused
Updated 22 October 2026
Applies to England
© Crown copyright 2026
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This publication is available at https://www.gov.uk/government/publications/how-to-appeal-guidance-for-those-registered-as-or-applying-to-be-a-childminder-or-a-childcare-provider/how-to-appeal-guidance-for-childcare-providers
Introduction
You have a right to appeal against certain decisions we make about your application to register.
You can appeal against our decision to:
- refuse your application to register as a childcare provider
- refuse your application to ‘waive’ your disqualification from providing childcare
- impose conditions on your registration (conditions can restrict the way you operate or allow you to operate in a particular way – for example, to restrict you from providing care overnight)
You can also appeal against an emergency order by a magistrate to change, add or remove conditions of your registration. Our early years and childcare enforcement policy explains more about emergency action.
If you are currently registered with Ofsted as a childminder or childcare provider, the early years and childcare enforcement policy explains how to appeal against a decision Ofsted has made about your registration.
When you can appeal
If we intend to refuse your application to register, we will first inform you in a ‘notice of intention’. If you disagree with our intention at this stage you cannot appeal, but you can raise an objection – see our guidance on how to object.
Following this, if we decide to refuse your application to register, we will set out our decision in writing in a document called a ‘notice of decision’. You can only appeal after you have received this notice.
The appeal is an opportunity for you to explain to the external body First-tier Tribunal (Care Standards) why you believe that our decision is wrong. The tribunal is an independent body that has the power to change our decisions.
If we have refused to waive your disqualification, we will write to you explaining our reasons. You can appeal this decision to the external body First-tier Tribunal (Care Standards).
Making an appeal
To appeal, you must complete an appeal application form.
For an appeal against a decision to refuse registration as a childminder, childcare provider or childminder agency, you must send the completed form and a copy of our notice of decision to the tribunal. The tribunal must receive this within 3 months of the date on the notice of decision.
For an appeal against a refusal to waive your disqualification, you must send the completed form and a copy of our decision letter to the tribunal within 28 days.
For information on the appeals process, please refer to the tribunal’s guidance.
The tribunal will usually decide either:
- to uphold your appeal, or
- to dismiss your appeal
However, the tribunal also has the power to impose conditions on the registration or to vary or remove a condition previously imposed.
Once you have submitted your appeal, the tribunal will consider it. During this time, you will not be able to provide any type of childcare for which registration is compulsory.
After you appeal
Once the tribunal has made a decision, we will write to let you know what the decision is and what this means for you.
If the tribunal upholds your appeal
If the tribunal upholds your appeal, this means that it agrees that our decision should not have effect, and it will be set aside.
The tribunal can also:
- add conditions to your registration
- remove conditions from your registration
- change the conditions that apply to your registration
If the tribunal has upheld your appeal, we will take steps to grant your registration. If the tribunal has changed, added, or removed conditions that apply to your registration, your certificate of registration will reflect the tribunal’s decision.
If the tribunal dismisses your appeal
If the tribunal dismisses your appeal, this means that it agrees with our decision and that our decision will apply immediately.
If your application is refused, this means that you are disqualified from providing childcare.
You may have the right:
- to ask for a review of the tribunal’s decision
- to appeal against the tribunal’s decision
You should contact the secretary of the tribunal for more information if this is not covered in the tribunal’s guidance.
You may find it helpful to speak to a solicitor for advice.