Starting a Nursery - The Legal Stuff

INTRO

Starting a nursery can be scary!

Even if you’ve worked with children before.

There is a lot of different things you need to consider which goes beyond just looking after children.  , although it will be an exciting journey owning your own childcare business, it will be demanding and it is so important that you are fully prepared.

Learning what the strict rules and regulations around running your own childcare business is a crucial aspect of being fully prepared.

Due to the sensitive nature of childcare, the amount of red tape in this specific area should come as no surprise. In this video I hope that I can give you a better understanding in this area of setting up a nursery.

But first welcome to the channel.

Intro Vid

Welcome to the channel open a nursery with myself Curtly Ania, where I teach you open run and grow your own childcare business.

If you are serious about opening your own nursery, then stick around to the end of the video where I will let you know how you can do this the fastest and best way – with support.

Throughout the UK, nurseries have to register with a regulatory body and adhere to the legal standards. For the purposes of this video we will focus on England, however if you have any questions in regards to setting up a nursery in Scotland or Wales please don’t hesitate to contact me.

Childcare Act 2006

The first legislation that you need to be aware of if you want to open a nursery, or even if you just work in childcare.  Is the childcare Act 2006.

This Act is a UK public general act that regulates the powers and duties of local authorities and other bodies in England in relation to the improvement of the well-being of young children, the provision of childcare and information to parents and other persons, and the regulation and inspection of childcare provision in England.

The part of it that is relevant for you is that it states that ‘any form of care for a child, including education or any other supervised activity’ is classified as childcare. Which means that most childcare providers caring for children under eight years old must register with Ofsted or as applicable, a childminder agency, unless the law says they do not need to.

So for example you may not need to register if you run a creche, temporary provision or tutoring or coaching clubs.  

Register with Ofsted

As a result one of your first legal obligations is to register with Ofsted if you plan to set-up a nursery in England.

This applies to anyone who intends to care for children under the age of eight for more than two hours a day. The registration requirements differ depending on whether you will be operating the Nursery from your own home or from a separate non-domestic building.  And I provide support on how to do both on the courses ‘open a nursery…’ and ‘open a nursery…’ So if you plan to do either of these check them out, I’ll post a link to both in the description.

Registering with Ofsted allows an individual or an organisation to provide care for children. It is Ofsted’s responsibility to ensure that only those who are suitable and ready to provide childcare are registered.

To register you simply apply online, the course mentioned above goes through the registration process ensuring that you complete your application successfully.

DBS

At the same time as registering with Ofsted, or even before you register, you will need to complete a DBS check in order to set-up your nursery and complete your application.  A DBS check is needed for all applicants and any other individuals connected with the application.  This includes all individuals who live in the home over 16 years of age if you are operating a childcare on domestic premises setting.

The process can be cumbersome as it can take a while for the paperwork to come back and process isn’t the quickest.  Because of this I recommend applying for your DBS’s early so that it doesn’t delay your Ofsted application.

Once you have applied you should then register on the update service so that you do not have to keep reapplying.  Which is important, as if you don’t register on the update service and you submit your application more than 3 months after you received your DBS you would then need to reapply apply for your DBS which is note only a needless expenditure it also uses up your time.

Health Declaration Booklet

As well as your DBS, when registering with Ofsted you will also need to complete a Health Declaration Booklet.  This is to let Ofsted know of any health problems you may have and any medications you are taking.  This rarely affects your application, but is important for Ofsted to know to assess your suitability and to figure if there are any measures that may need to be in place in order to support you.

EYFS

Another important legal aspect that you need to be aware of is the EYFS.  I have done a video explaining in detail what the EYFS is in a previous video, so if you want to learn more about this then make sure you watch that vid.

But to summarise the EYFS, which is produced by the Department for Education (DfE), includes requirements for the provision of young children’s safeguarding and welfare, and their learning and development, which all providers on the Early Years Register must meet. It also provides guidance on good practice.

If you haven’t already watched the video do make sure you check it out to learn more about the importance of the EYFS.

Other legal requirements

You also need to adhere to your other Ofsted requirements like ratio requirements, building size, staff qualifications etc.  All these requirements can be found in the statutory framework.

Additional legal requirements when setting up a nursery include; ensuring your premises comply with planning and building control regulations, you must also comply with the requirements of your local authority environmental health department and local fire authority. Ofsted has a protocol with the fire service that sets out the requirements in relation to fire safety.

In addition you will have employment law obligations to meet such as ensuring all staff are issued with fully compliant employment contracts.

Conclusion

I hope that this video has helped with your understanding of the registration process and the rules and regulations associated with the protocol when setting up a nursery. Once you are registered, Ofsted will regularly assess your nursery to make sure you continue to conform to national standards.

To assist you further in setting up your nursery I have created a course detailing everything you need to know and do in order to open your own nursery.   It is a step by step guide teaching you everything you need to know in order to open your own nursery.  So if this has ever been your dream then click the link in the description and comments to get started now.  But wait, before you click the link to make getting started even easier you can get an additional 10% off the course using discount code Youtube1.  Just input Youtube 1 at checkout.

So head over there now.  I look forward to supporting you.

God Bless.