Ofsted's enforcement policy
Produced in partnership with Francesca Snape of Stephensons

The following Local Government practice note produced in partnership with Francesca Snape of Stephensons provides comprehensive and up to date legal information covering:

  • Ofsted's enforcement policy
  • Ofsted Regulation
  • Early Years enforcement
  • Publication of inspection reports
  • Enforcement Powers
  • Statutory suspension
  • Enforcement notices
  • Statutory notices—Welfare requirements
  • Conditions on registration
  • Cancellation of Registration (non-emergency)
  • More...

Ofsted's enforcement policy

Ofsted Regulation

The Office for Standards in Education, Children’s Services and Skills (Ofsted) regulates childminders, childcare providers and children’s social care providers under the Childcare Act 2006 (ChA 2006) (childminders and childcare providers) and the Care Standards Act 2000 (CSA 2000) (children’s social care providers) and the regulations made under this legislation. ChA 2006 and CSA 2000 set out Ofsted’s powers and duties relating to the inspection and regulation of:

  1. registered childminders

  2. childcare providers

  3. children’s social care providers

and the powers it has to enforce compliance with the law. There are additional powers for Her Majesty’s Chief Inspector in the Education and Inspections Act 2006.

Ofsted is charged with the protection of children and young people. The regulator has a duty to ensure that only those people who are suitable or fit for registration are included on the register.

Early Years enforcement

The Chief Inspector at Ofsted has a duty to maintain two registers:

  1. the Early Years register

  2. the general childcare register

The Early Years register is a register of childminders and Early Years providers for children from birth up to 1 September after their fifth birthday.

The general childcare register is in two parts:

  1. part A for the compulsory registration of providers of childcare for children from 1 September after their fifth birthday up to the age of eight

  2. part B is for the voluntary registration of providers

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