Childcare and the law
Introduction to Ofsted's role in registering childcare and the legal basis for our work.
The Childcare Act 2006 says that childcare is ‘any form of care for a child, including education or any other supervised activity’.
Most providers caring for children under 8 years old for more than 2 hours a day in England must register with Ofsted. If you’re a childminder, you can choose to register with a childminder agency instead.
To register, you need to be 18 or over and have the right to work in the United Kingdom.
If you want to register with Ofsted, contact your local authority for information and advice. Local authorities are legally obliged to provide this support.
It is a criminal offence to provide unregistered childcare, or on unapproved premises, if you are legally required to register. Ofsted is responsible for making sure that only people who are suitable and ready to provide childcare are registered.
It is an offence to knowingly make a false or misleading statement in an application to register.
For more information, see The Childcare Act 2006 and supporting regulations The Childcare (Early Years Register) regulations 2008, The Childcare (General Childcare Register) Regulations 2008, and The Childcare (Early Years and General Childcare Register) (Common Provisions) regulations 2008.
Childcare exemptions are set out in Childcare (Exemptions from Registration) Order (SI 2008/ No 979).
| Next chapter: Registration exemptions. |