Providing childcare and the 2-hour rule
Find out how you can still register with Ofsted if you provide childcare immediately before or after school for less than 2 hours in a day.
Applies to England
Any person or organisation that provides childcare – such as childminders, nannies, nurseries and other group-based childcare providers – fall into one of the following categories:
- legally required to register with Ofsted
- do not have to register but may do so voluntarily
- cannot register
Which category they fall into depends on a number of criteria. Find out more about registration requirements for providers.
One of these criteria is known as the 2-hour rule.
The 2-hour rule
You can only register with Ofsted if you look after at least one individual child for 2 hours or more a day. More information is available in our collection of guides, Early years and childcare registration.
The amount of time your setting is open does not matter. It is only the length of time the children are looked after that counts.
There is one exception to the 2-hour rule.
Exception to the 2-hour rule
You can still register with Ofsted if you look after children for less than 2 hours as long as you are providing care immediately before or after school.
‘Immediately’ means that there is no break between the child attending school and the care you provide, and that no-one else looks after the child between school and your care.
For example, if a parent collects the child from school and brings them to your care, this counts as a break and your care does not qualify, whereas if the child is transported under the responsibility of you or the school, this does not count as a break.