Guidance

Protocol between Ofsted and childminder agencies

Updated 28 February 2025

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This publication is available at https://www.gov.uk/government/publications/protocols-between-ofsted-and-other-organisations-in-relation-to-childcare/protocol-between-ofsted-and-childminder-agencies

Purpose 

This protocol sets out the working relationships between the Office for Standards in Education, Children’s Services and Skills (Ofsted) and childminder agencies (CMAs), by: 

  • establishing the legal basis for Ofsted’s regulatory responsibilities 

  • explaining how Ofsted carries out those responsibilities 

  • explaining the responsibilities of CMAs  

  • explaining how agreed working relationships can help both Ofsted and CMAs to meet these responsibilities 

Ofsted’s role 

Ofsted regulates and inspects to achieve excellence in the care of children and young people, and in education and skills for learners of all ages. As part of this work, we regulate and inspect early years, childcare and CMAs.  

We are responsible for regulating and inspecting the following early years and childcare providers: 

  • Ofsted-registered childminders and other childcare providers included on the Early Years Register and the compulsory part of the Childcare Register that care for children under 8 years old 

  • Ofsted-registered childminders, home childcarers and other childcare providers included on the voluntary part of the Childcare Register 

  • CMAs included on either the Early Years Register or the Childcare Register, or both, according to whether they are an early years CMA or a later years CMA, or both 

The legislation and regulations under which we regulate childcare providers and CMAs include the: 

Further details about the statutory guidance and regulations that form the legal basis of our enforcement work are in the early years and childcare enforcement policy. 

Powers and duties 

We regulate childcare providers in accordance with the Childcare Act 2006 and associated regulations and guidance. 

Ofsted-registered childcare providers must be suitable to care for or be in regular contact with children. Those running a CMA must be suitable to carry out the functions of the agency. They must have integrity and be of good character. All Ofsted-registered providers and organisations must continue to comply with the registration requirements. We carry out checks on those individuals to confirm that they are suitable to be registered. 

In addition, all people aged 16 years or over who live or work on premises where Ofsted-registered childminding and childcare on domestic premises take place must be suitable to be in regular contact with children. We carry out checks on those individuals to confirm that they are suitable. If a childcare provider is registered with a CMA, the agency carries out those checks.   

We have a range of legal powers to carry out our regulatory responsibilities. These are set out in the Childcare Act 2006 and the early years and childcare enforcement policy.  

There are 4 aspects to our regulation of childminder agencies. These are: 

  • registering agencies 

  • inspecting registered agencies 

  • checking that agencies meet the legal requirements for ongoing registration 

  • taking enforcement action if an agency does not meet the requirements for registration 

We have a range of enforcement powers to use in regulating childminder agencies, including: 

  • refusing a registration 

  • imposing or varying conditions of registration 

  • raising an action 

  • cancelling a registration 

Inspection and reports 

We have a duty to inspect CMAs, which is outlined in the Department for Education’s inspection requirements for Ofsted. These requirements are set out in a legal remit letter from the Secretary of State for Education to Ofsted. We have a duty to make a report on the provision following an inspection. 

Our Childminder agencies: inspection guidance gives details on when we inspect CMAs, including reinspection timescales. 

Who to contact at Ofsted 

The central point of contact for the public and all providers is our Contact and Administration team. It is responsible for: 

  • being the first point of contact with Ofsted 

  • giving information to providers and guidance on using our website, including providing technical help for online applications 

  • carrying out all relevant suitability checks, including social services checks and Disclosure and Barring Service checks, on all applicants and anyone connected with an application 

  • processing our registration work across early years and processing the regulatory risk assessment of Ofsted-registered childcare providers, including CMAs  

  • processing ‘known to Ofsted’ checks 

  • requesting ‘known to CMA’ checks  

The Contact and Administration team can be contacted using childminder.agencies@ofsted.gov.uk  

Working arrangements 

What Ofsted does 

We will: 

  • publish CMA data in our official statistics and management information, including each CMA’s most recent inspection date and inspection outcome. In addition, it will include the number of childcare providers on roll, as reported to Ofsted by each CMA  

  • carry out ‘known to Ofsted’ checks on childcare providers applying to register with a CMA 

  • request ‘known to CMA’ checks when registering a new or existing childcare provider if an applicant has previously been registered with a CMA 

  • notify a CMA if we have received a concern about a childcare provider registered with the agency 

  • ask a CMA for information on its registered childcare providers, as part of the inspection process 

  • ask a CMA to provide a list of its registered childcare providers if we issue a notification of intention to cancel the CMA’s registration or if the CMA informs us that it intends to resign its registration, so that the CMA-registered providers can be transferred to Ofsted   

  • promote awareness of this protocol by publishing it on our website and by informing new CMAs  

What childminder agencies do 

Childminder agencies will: 

  • provide us with all information on governing data as required by current or future legislation  

  • notify us when they register their first childminder or childcare on domestic premises provider, using the Childminder agency: data notification form (this is a non-statutory arrangement) 

  • provide timely subsequent quarterly updates on the number of providers registered, applications in progress, and suspended or cancelled registrations, as set out in our registration and suitability guidance 

  • request a ‘known to Ofsted’ check through our Contact and Administration team when considering an application to register a childcare provider

  • carry out ‘known to CMA’ checks for new/existing childcare providers registering with Ofsted 

  • provide us with information on registered childcare providers when requested  

  • notify us if they believe an offence has been committed by a childcare provider registered with the agency and provide us with the required information  

  • provide us with a list of their registered childcare providers if we issue a notification of intention to cancel the agency’s registration  

  • provide us with a list of their registered childcare providers at the point when they give notice of resignation/voluntary removal from our register(s)  

  • promote awareness of this protocol among their members 

Information-sharing 

Information-sharing is reciprocal and is necessary to provide both Ofsted and registered CMAs with information that will help protect children from harm or neglect.  

The duty to share specific information between Ofsted and CMAs is set out in the Childcare Act 2006 and other regulations. 

Details of how Ofsted and CMAs share information are set out below.  

Known to Ofsted checks 

The law says that childcare providers, and anyone associated with a provider’s registration, must be suitable to care for or be in regular contact with children. To confirm this, when a person applies to register with a CMA, the CMA will check the person’s suitability, and that of any other person associated with the application. This includes anyone who subsequently applies to join the registration, or to care for or be in regular contact with children.  

CMAs must contact Ofsted for information when considering whether to register a childminder or provider of childcare on domestic premises. This is to see if the applicant is known to Ofsted and if there is any information the agency should consider when deciding whether to register the applicant. 

CMAs should complete a ‘known to Ofsted’ form for each individual who applies to register with them and any other individuals aged 16 or over who are living or working on the premises. They should send the completed form(s) by email to Ofsted’s Application and Contact team at childminder.agencies@ofsted.gov.uk. Once we have received the form, we will usually process the check and return the form to the agency within 4 weeks. 

Enforcement notices 

When completing known to Ofsted checks, we will inform the CMA if an enforcement notice has been served against the applicant. An enforcement notice is a legal letter that Ofsted sends to a person telling them that they cannot provide childminding without being registered. You can find more information about enforcement notices in our early years and childcare enforcement policy.  

An enforcement notice takes immediate effect from the date it is served and lasts until we revoke it. Failure to comply with the notice is an offence.  

The enforcement notice must be revoked before a childminder applicant can be granted registration by Ofsted or a CMA. If a CMA intends to register an applicant that has been served an enforcement notice, they must first inform us of their intentions so that we can revoke the enforcement notice. If the notice is not revoked, the childminder will be operating illegally. 

If the agency decides to refuse registration, they do not need to notify us, and the notice will remain in effect. 

Known to CMA checks 

The law requires childcare providers, and anyone associated with a provider’s registration, to be suitable to care for or be in regular contact with children. To confirm this, when a person applies to be registered with Ofsted, we will check that they are suitable. We will also carry out checks on any other person associated with the application, including anyone who applies to join the registration later.  

When applying to register with Ofsted, an applicant may tell us that they have previously been registered with a CMA. In these cases, the Contact and Administration team will contact the relevant CMA to ask for information that may help us decide whether to register the new or existing childcare provider. The Contact and Administration team will complete a ‘known to CMA’ form for the applicant. They will send the completed form(s) to the email address that the agency has registered with Ofsted. CMAs will usually process the check and return the form to the Contact and Administration team at childminder.agencies@ofsted.gov.uk within 4 weeks. This applies to all current Ofsted-registered CMAs. If the agency does not provide the information within this timescale, the Contact and Administration team will follow up with the agency to remind them of the requirement to provide this information.  

Sharing information with other CMAs 

A CMA-registered childcare provider may wish to apply to register with another agency.  

CMAs have a duty to provide information on the suitability of an applicant for registration, as set out in section 19 of The Childcare Regulations 2014. This includes sharing relevant information with other CMAs as part of the application process.  

Previously registered CMAs 

When a CMA is no longer registered with Ofsted (for example, because it has resigned or because Ofsted cancelled its registration), it is not legally obliged to share information with us. Childcare providers registering with Ofsted must provide information about any current and/or previous registration with a CMA as part of their application. If they do not, we will request this information from them as soon as we are made aware that the applicant or registered provider was previously registered with an agency. In these cases, we may take action against the applicant or registered provider retrospectively if required.  

Concerns 

Concerns about an agency-registered childcare provider

If we receive a concern about an agency-registered childcare provider, we will log the concern on our internal systems and notify the relevant agency. The agency should follow its own complaints procedure. The Childcare Regulations 2014 set out that CMAs must establish a written procedure for considering complaints. They must give details of this in their statement of purpose when registering with Ofsted. Further information on handling complaints is provided in the Department for Education’s guide for childminder agencies.  

Concerns about a CMA 

When we receive a concern, we will notify the relevant agency. We will consider all available evidence and information about non-compliance, as well as the enforcement options available, before we make a decision. Further information can be found in our early years and childcare enforcement policy. 

Serious safeguarding incidents 

CMAs must follow their own policies and report safeguarding incidents and concerns to Ofsted and relevant safeguarding partners and child protection agencies, as required. These include the local authority and/or police.  

Further information is in the Department for Education’s guide for childminder agencies. 

Childcare provider cancellations 

CMAs are not legally required to inform Ofsted every time they refuse an application for registration or cancel a provider’s registration on grounds of unsuitability. Instead, they should do this in their quarterly update to Ofsted.  

If a CMA believes an individual presents a safeguarding concern, it should pass the concern to the relevant safeguarding partners and child protection agencies and follow local safeguarding guidance. 

Changes to the registration and/or organisation 

CMAs should tell Ofsted about any changes or significant events, as set out in the requirements for registration. This includes changes to the nominated individual, changes to those who make up the registering body and any changes to the statement of purpose.  

Childcare provider information 

When a CMA is inspected, it is required to provide information about its registered childcare providers. Inspectors need this information in order to determine the sample of childcare providers they will visit and any records they would like to review. An optional childcare provider information template is available for agencies to use. Further information on supplying childminder information can be found in Ofsted’s Childminder agencies: inspection guidance. 

When a CMA resigns 

If a CMA voluntarily resigns its registration, we will write to its childcare providers setting out the options available to them. They can register with Ofsted or another CMA, or stop providing childcare. Any childcare providers who are registered with the agency will have their registration transferred to Ofsted when the resignation takes effect (unless they are disqualified or have notified us that they do not wish to transfer). We will require information about the providers that are being transferred. We will obtain this from the agency or the provider themselves. The early years and childcare enforcement handbook provides further information. 

Electronic communication 

Where possible, Ofsted and CMAs will share information electronically. This will provide a quick and effective way to respond to requests for information. Ofsted must comply with its internal electronic information management policies to manage all electronic communication effectively. CMAs are responsible for ensuring any sensitive information shared with them is treated in accordance with the relevant data protection guidance.  

Guidance for childminder agencies 

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