In what circumstances can the governing body of a maintained school authorise playgroup type provision to children who are not of school age from their premises? Do they need specific permission from the local authority to do so on each occasion that they do?

The Childcare Act 2006 (ChA 2006) governs the provision of childcare services (including that provided by childminders and nurseries) in England. All childcare providers (including, for example, maintained Schools) must comply with ChA 2006. Mandatory statutory guidance published by the Department of Education explains the legal requirements in this area (Guidance: Early years foundation stage statutory framework).

In the first place, ChA 2006, s 34 requires providers of early years childcare to register and be listed on the early years register maintained by Ofsted. ChA 2006 and regulations made under it deal with the process of registration.

In the case of schools (which will already be registered with Ofsted as a school), ChA 2006, s 34(2) provides a detailed exemption from the requirement to register with Ofsted