Guidance

Regulating and inspecting association independent schools with an early years registration

Published 23 May 2023

Applies to England

Ofsted and the Independent Schools Inspectorate (ISI) work together to inspect association independent schools with an early years registration.

Registering with Ofsted: early years provision in independent schools

Early years provision at an independent school must be registered with Ofsted if it includes care for children under 2 years old or if it does not meet the criteria for exemption from registration.

You will need to apply to register on the Early Years register, and if registration is granted it will cover the whole of the school’s early years provision.

Ofsted has a duty to inspect registered independent educational institutions under s109(1) and (2) of the Education and Skills Act 2008. However, because the Department for Education is the regulator of independent schools, the Secretary of State can arrange for an approved independent inspectorate to inspect instead. ISI is approved to inspect registered childcare provision in independent schools. If you are an independent school that is part of an association, you will be inspected by the ISI.

More information on registering and inspecting school-based provision can be found in the Registering school-based childcare provision factsheet.

Inspecting registered early years settings in independent schools

Following registration on the Early Years Register, we will initially be both the inspectorate and regulator of the registered early years setting and will carry out an inspection within 30 months. If the outcome of this inspection is good or outstanding, we will transfer inspections of the registered early years setting to the ISI. Subsequent inspections of the setting will be carried out by ISI inspectors on our behalf.

We work closely with ISI, sharing information about inspection and regulatory activity.

When completing an inspection, ISI inspectors use Ofsted’s education inspection framework to reach judgements and report on the registered early years provision.

There will be occasions where we will work together, particularly when inspection of a registered provision and the rest of the school are due or required at the same time.

Following an ISI inspection

Following an inspection, ISI will share the full school report with us.

ISI will publish all school reports containing judgements on the early years provision in registered settings on its website.

We will publish the post-registration inspection report for registered early years providers on our website. We will also publish any other details relating to registration, including information where we or the provider have taken action as a result of a concern, complaint or breach.

Our regulatory role

As the regulator of registered early years provision in independent schools, we are responsible for checking that any care and education meets the requirements for registration and the EYFS.

Our approach to what happens when we receive information about a provider that suggests that they are in breach of relevant requirements is set out in our early years and childcare enforcement policy. If we have concerns, we may carry out:

  • a regulatory visit

  • a regulatory telephone call

  • a full inspection