The Childcare (Fees) (Amendment) Regulations 2025
The Childcare (Fees) (Amendment) Regulations 2025 amend the 2008 regulations, extending the annual fees for certain early years providers registered on the early years register until September 2027.
The amendment delays any review of these fees until after that date.
The regulations were made by the Parliamentary Under-Secretary of State at the Department for Education.
Arguments For
Extending existing system: The amendment maintains the established fee structure for early years providers, providing continuity and avoiding potentially disruptive changes to the childcare sector.
Administrative simplicity: Continuing the existing fee structure reduces administrative burden and simplifies compliance for both providers and the regulatory bodies involved.
Financial stability for providers: Predictable fee arrangements offer financial stability for early years providers who can plan for costs more effectively.
Legal basis: The regulations are made under the Childcare Act 2006, providing clear legal authority for the changes.
Arguments Against
Potential for outdated fees: Delaying the review of fees could lead to outdated fee levels that don't reflect inflation or changes in the sector.
Lost opportunity for reform: The postponement of any review of the fee structure is a missed opportunity to address potential issues or introduce any necessary reforms.
Lack of transparency: A delay in updating fee structure lacks explicit justification and can result in lack of transparency and raise questions about governance.
Unforeseen circumstances: Continuing the current structure without review might not accommodate future economic or sector-related changes.
- Citation, commencement and extent (a) These Regulations may be cited as the Childcare (Fees) (Amendment) Regulations 2025, (b) come into force on 9th June 2025, and (c) extend to England and Wales.
This section details the title, effective date, and geographical scope of the regulations.
The regulations are titled the Childcare (Fees) (Amendment) Regulations 2025, take effect on June 9th, 2025, and apply to England and Wales.
- Amendment of the Childcare (Fees) Regulations 2008 In regulation 10(7) (annual fee for other early years providers registered in the early years register) of the Childcare (Fees) Regulations 2008, for “2025” substitute “2027”.
This section makes the primary amendment.
It changes the Childcare (Fees) Regulations 2008, specifically regulation 10(7), which outlines annual fees.
The year '2025' is replaced with '2027', extending the existing fee structure.
Explanatory Note (This note is not part of the Regulations) The Childcare (Fees) Regulations 2008 (S.I. 2008/1804) (“the 2008 Regulations”) prescribe the registration and annual fees payable by a childcare provider in England who has applied to be, or who is, registered on the early years register (“EYR”), or on the general childcare register, under Part 3 of the Childcare Act 2006 (c. 21). Regulation 10(7) of the 2008 Regulations prescribes the annual fees payable by an early years provider (other than a childminder) whose registration on the EYR automatically transferred from the childcare register under Part 10A of the Children Act 1989 (c. 41) on 1st September 2008 (a “1989 Act early years provider”). The annual fee payable by a 1989 Act early years provider who provides early years provision for less than 4 hours per day, less than 5 days per week, or less than 45 weeks per year, is £50. The annual fee payable by a 1989 Act early years provider who provides early years provision for 4 or more hours per day, 5 or more days per week, and 45 weeks or more per year, is £220. Regulation 2 of these Regulations amends regulation 10(7) of the 2008 Regulations by substituting “2025” for “2027”. This extends the application of the fee arrangements prescribed by regulation 10(7) to annual fees payable by a 1989 Act early years provider before 1st September 2027. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary, or public sector is foreseen. An Explanatory Memorandum is published alongside this instrument at www.legislation.gov.uk.
The explanatory note provides background on the 2008 regulations, detailing the fee structure for early years providers.
It explains that the amendment extends the existing fee arrangements to 2027.
It also states that a full impact assessment wasn't considered necessary due to the lack of anticipated significant impact.
A related explanatory memorandum is available online.