The Childcare (Miscellaneous Amendments) (Inspection Outcomes) (England) Regulations 2025
These Regulations, enacted by the Secretary of State using powers under the Childcare Acts 2006 and 2016, amend four existing statutory instruments governing early years childcare in England, effective from January 1st, 2026.
The primary purpose is to update various regulations—including those concerning welfare requirements, local authorities' duty to secure free childcare, and requirements for information, advice, and training—to reflect recent changes in inspection grades implemented by Ofsted and to incorporate inspection outcomes from independent inspectorates approved under the Education and Skills Act 2008.
The changes specify which inspection grades trigger requirements for intervention, continuous improvement, or withdrawal of public funding obligations for early years providers.
Arguments For
Updates regulatory frameworks citing changes in inspection grading standards set by Ofsted.
Ensures that funding and provision requirements for free early years childcare are directly linked to the quality indicated by recent inspection reports, including those from newly recognised independent inspectorates.
Streamlines definitions and removes redundant provisions within existing childcare regulations to increase clarity and efficiency.
Supports the 'experience-based route' for practitioners by aligning qualification requirements with updated inspection outcomes, potentially improving workforce flexibility where quality standards are met.
Arguments Against
Introducing complex new grading criteria, particularly under the 2014 Regulations for 2-year-olds versus 3-4-year-olds, may create administrative burdens for local authorities in determining eligibility and appropriate provision.
The introduction of inspection outcomes from independent inspectorates (for independent schools) requires local authorities and providers to adapt monitoring and compliance procedures to a potentially new framework.
Tightening standards for the 'Free of Charge' provision (2014 Regulations) based on inspection results might reduce the availability of provision if providers fail to meet newer, potentially stricter grade thresholds.
The document introduces several legislative changes simultaneously, increasing the overall complexity of the regulatory environment for early years providers across different existing sets of rules.
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 7(1)(b), 7A, 9A, 13(1), 39(1)(b), 43(1), 44(1) and 104(2) of the Childcare Act 2006 and sections 2(1) and (2) and 4(2) of the Childcare Act 2016.
In accordance with section 43(2) of the Childcare Act 2006, the Secretary of State has consulted His Majesty's Chief Inspector of Education, Children's Services and Skills in respect of the provision in regulation 2.
The Secretary of State created these Regulations using powers granted by specific sections of the Childcare Act 2006 and 2016.
Before enacting Regulation 2, which relates to welfare requirements, the Secretary of State consulted His Majesty's Chief Inspector of Education, Children's Services and Skills (Ofsted) as required by the 2006 Act.
- Citation, commencement and extent
These Regulations—
(a) may be cited as the Childcare (Miscellaneous Amendments) (Inspection Outcomes) (England) Regulations 2025,
(b) come into force on 1st January 2026, and
(c) extend to England and Wales.
These Regulations are officially titled the Childcare (Miscellaneous Amendments) (Inspection Outcomes) (England) Regulations 2025.
They become legally effective on a specific date: January 1st, 2026.
The scope of these rules covers both England and Wales.
- Amendment of the Early Years Foundation Stage (Welfare Requirements) Regulations 2012
(1) The Early Years Foundation Stage (Welfare Requirements) Regulations 2012 are amended in accordance with paragraph (2).
(2) In regulation 3 (specification of the welfare requirements), in paragraph (4), for “14th July 2025” substitute “3rd December 2025”.
The first set of amendments targets the Early Years Foundation Stage (Welfare Requirements) Regulations 2012.
Specifically, the date mentioned in regulation 3(4), which details the specification of welfare requirements, is moved from July 14th, 2025, to December 3rd, 2025.
- Amendment of the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014
(1) The Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014 are amended in accordance with paragraphs (2) to (6).
(2) In regulation 1 (citation, commencement and interpretation), in paragraph (2)—
(a) omit the definitions of “early years childminder agency inspection report” and “early years provision inspection report”,
(b) in the definition of “eligible child”—
(i) in paragraph (a), omit sub-paragraphs (i) and (viii),
(ii) omit paragraphs (b) and (c),
(c) before the definition of “term” insert—
““inspection report” means—
(a) in relation to an early years childminder agency, a report under section 51E of the 2006 Act,
(b) in relation to an early years provider, a report under—
(i) section 5 of the Education Act 2005,
(ii) section 50 of the 2006 Act, or
(iii) section 109 of the Education and Skills Act 2008;”.
(3) For regulation 6 (scope of the requirement in regulation 5(1)), substitute—
“Scope of the requirement in regulation 5(1)
(1) The requirement in regulation 5(1) does not apply if the early years provider is any of the following—
(a) a provider (other than an early years childminder registered with an early years childminder agency) that is awarded a specified grade in its most recent inspection report,
(b) an early years childminder registered with an early years childminder agency where—
(i) the agency is awarded a grade of “ineffective” in its most recent inspection report, or
(ii) the agency notifies the local authority that, in its reasonable opinion, the childminder has ceased to provide childcare of satisfactory quality,
(c) a provider the local authority has grounds to believe would not be able to satisfy a requirement the authority would impose if arrangements were made.
(2) In this regulation, “specified grade” means, in relation to an inspection specified in the first column of the table in the Schedule and conducted on a date in the corresponding entry in the second column—
(a) where the early years provision is for a child who meets the condition in regulation 3(2) but does not meet the condition in regulation 3(3), any of the grades specified in the corresponding entry in the third column of the table,
(b) where the early years provision is for a child who meets the condition in regulation 3(3), any of the grades specified in the corresponding entry in the fourth column of the table.”.
(4) For regulation 7, substitute—
“Termination of the arrangements
Except in the case of arrangements with the governing body of a maintained school, arrangements made by the local authority for the purpose of complying with the requirement in regulation 5(1) must include provision allowing the local authority to terminate the arrangements if the early years provider with whom the arrangements are made becomes a provider mentioned in regulation 6(1)(a) or (b).”.
(5) In regulation 8 (requirements governing arrangements made for the purpose of discharging the duty of the local authority under section 7)—
(a) in paragraph (1)(c), for paragraph (viii) (but not the “or” after it) substitute—
“(viii) where the early years provider is awarded a specified grade in its most recent inspection report, that the provider takes the measures identified in that report to improve the effectiveness of the provision, including, where applicable, participation in a training or other quality improvement programme;”,
(b) in paragraph (2)(a), in paragraph (ii), omit “early years provision” the first time it appears,
(c) after paragraph (2), insert—
“(3) In this regulation, “specified grade” means, in relation to an inspection specified in the first column of the table in the Schedule and conducted on a date in the corresponding entry in the second column, any of the grades specified in the corresponding entry in the third column of the table (irrespective of whether the provision is for a child who meets the condition in regulation 3(2) or 3(3)).”.
(6) At the end of the Regulations, insert—
“Schedule
Specified grades
Regulations 6(2) and 8(3)
[Table detailing specified grades based on inspection type, date, and child age group]
Significant amendments are made to the Regulations concerning local authorities' duties regarding free early years provision, impacting when arrangements can be stopped or governed based on quality ratings.
Definitions for inspection reports are standardized, removing older, obsolete terms like 'early years provision inspection report.' The new regulation 6 dictates that requirements do not apply if a provider achieves a 'specified grade' related to quality, distinguishing between provision for eligible 2-year-olds and 3-4-year-olds, with criteria now including reporting from approved independent inspectorates.
Regulation 7 adds the right for local authorities to terminate arrangements if a provider's quality drops to specified failure levels (Regulation 6(1)(a) or (b)), except for maintained schools.
Regulation 8 is updated to mandate that providers receiving a specified grade improvement requirement must participate in necessary training or quality improvement programs.
A new Schedule details precisely what these 'specified grades' are across various inspection types and dates, including those post-November 10th, 2025, which focus on safeguarding and leadership/governance ratings like 'not met' or 'urgent improvement'.
- Amendment of the Childcare Providers (Information, Advice and Training) Regulations 2014
(1) The Childcare Providers (Information, Advice and Training) Regulations 2014 are amended in accordance with paragraphs (2) and (3).
(2) In regulation 3 (subject matter of information, advice and training), in paragraph (2), omit sub-paragraph (d).
(3) In regulation 4 (childcare providers and employees)—
(a) for paragraph (1)(a)(ii), substitute—
“(ii) the provision was awarded a specified grade in the most recent early years provision inspection report published in respect of the provision;”,
(b) In paragraph (3)—
(i) after the definition of “later years provision” omit “and”,
(ii) after the definition of “later years provision inspection report”, insert—
““specified grade” means—
(a) in the case of an early years provider most recently inspected before 10th November 2025, a grade weaker than “good” for the overall effectiveness of the provision;
(b) in the case of an early years provider most recently inspected on or after 10th November 2025, a grade—
(i) of “not met” for safeguarding, or
(ii) weaker than “expected standard” for leadership and governance.”.
These rules amend regulations concerning the mandatory information, advice, and training local authorities must provide to registered early years providers based on their inspection findings.
Regulation 3(2)(d) is removed as obsolete.
Regulation 4 is updated to define what constitutes a "specified grade" triggering these services.
For inspections before November 10th, 2025, any grade worse than "good" overall effectiveness triggers support.
For later inspections, support is triggered by a 'not met' grade in safeguarding or a grade weaker than 'expected standard' in leadership and governance.
- Amendment of the Childcare (Free of Charge for Working Parents) (England) Regulations 2022
(1) The Childcare (Free of Charge for Working Parents) (England) Regulations 2012 are amended in accordance with paragraphs (2) to (7).
(2) In regulation 3 (consequential amendments and revocations), for “The Schedule” substitute “Schedule 1”.
(3) In regulation 4 (definitions), in paragraph (b) of the definition of “inspection report”, omit sub-paragraph (ai).
(4) In regulation 44 (duty to secure childcare available free of charge), omit paragraph (3).
(5) In regulation 45 (duty to make arrangements with childcare provider chosen by parent)—
(a) in paragraph (3), for sub-paragraphs (b) and (c), substitute—
“(b) a childminder registered with an early years childminder agency where—
(i) the agency is awarded a grade of “ineffective” in its most recent inspection report, or
(ii) the agency notifies the local authority that, in its reasonable opinion, the childminder has ceased to provide childcare of satisfactory quality;
(c) a childcare provider (other than a childminder registered with an early years childminder agency) that is awarded a specified grade in its most recent inspection report.”,
(b) after paragraph (4), insert—
“(5) In this regulation, “specified grade” means, in relation to an inspection specified in the first column of the table in Schedule 2 and conducted on a date in the corresponding entry in the second column, any of the grades specified in the corresponding entry in the third column of the table.”.
(6) The existing Schedule becomes Schedule 1 (and accordingly, for the heading “Schedule” substitute “Schedule 1”).
(7) After Schedule 1, insert—
“Schedule 2
Specified grades
Regulation 45(5)
[Table detailing specified grades for free childcare arrangements based on inspection type and date]
These amendments modify the regulations concerning the provision of free childcare for working parents under the 2022 Regulations.
Transitional and redundant provisions are cleaned up by renumbering the existing Schedule to Schedule 1 and omitting sub-paragraph (ai) in the inspection report definition.
Regulation 44(3) is removed.
Regulation 45(3) updates the conditions under which local authorities are not required to continue arrangements: this now includes providers receiving a 'specified grade' or childminders associated with an 'ineffective' agency.
A new Schedule 2 is inserted to define these 'specified grades' based on inspection dates, focusing on outcomes like 'inadequate' effectiveness or serious findings in safeguarding/governance.
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.
The explanatory note confirms that a full impact assessment was considered unnecessary because the Regulations are not expected to cause any significant financial or operational impact on businesses, charities, or public services.