This guide will help you answer 6.3 Outline regulatory requirements for safeguarding children that affect home-based childcare.
Home-based childcare providers in England must comply with strict safeguarding laws and guidance. Safeguarding means protecting children from harm and promoting their welfare. Providers must follow national regulations, local authority requirements and the standards set by Ofsted. These rules are designed to make sure children are safe, healthy and cared for in a secure environment.
Different regulations and guidance affect the daily work of a childminder or home-based childcare worker. Understanding these helps you meet your legal duties and protect the children in your care.
Ofsted Registration and Compliance
Ofsted is the regulator for home-based childcare in England. Anyone caring for children under the age of eight for more than two hours a day and receiving payment must register with Ofsted. This applies to childminders and those working from a home environment.
Registration requirements include:
- Suitability checks, including enhanced criminal records and barred list checks, completed through Ofsted or a childminder agency for the childminder and anyone aged 16 or over living or working in the home (see the EYFS statutory framework)
- Showing knowledge of safeguarding and child protection procedures
- Having training in paediatric first aid
- Demonstrating safe and suitable premises
- Having a written safeguarding policy and procedures that meet the EYFS requirements (see the EYFS statutory framework)
Once registered, providers must comply with the Early Years Foundation Stage (EYFS) statutory framework. This framework contains specific safeguarding requirements.
Early Years Foundation Stage (EYFS) Safeguarding Rules
The EYFS sets standards for learning, development and care for children from birth to age five. It includes clear safeguarding requirements for home-based childcare.
Key points include:
- Maintaining a safe and secure environment indoors and outdoors
- Having procedures to deal with concerns about a child’s safety or welfare
- Keeping records of accidents, incidents and concerns
- Training in recognising signs of abuse or neglect
- Ensuring that staff and helpers are suitable to work with children
- Promoting health through hygiene, nutrition and illness prevention
The EYFS requires providers to act quickly if they believe a child is at risk of harm. This may mean contacting the local authority children’s social care team straight away, or the police in an emergency, in line with local procedures.
Safeguarding Policy and Procedures
Home-based childcare providers must have a written safeguarding policy. This sets out how they protect children and respond to concerns. Ofsted checks that providers meet the EYFS safeguarding requirements, including the safeguarding policy.
A safeguarding policy should include:
- Contact details for the local authority’s safeguarding team
- How to handle disclosures from children
- How to record and report concerns
- Procedures if an allegation is made against you or another adult
- Steps to prevent harm such as safe recruitment and supervision
Policies must be reviewed regularly to stay up to date with changes in law or guidance.
The Role of Disclosure and Barring Service (DBS) Checks
DBS checks are a legal requirement. They show whether a person has any criminal convictions or cautions that could make them unsuitable to work with children.
In home-based childcare, DBS checks apply to:
- The registered provider
- Assistants
- Family members living in the home aged 16 or over
Childminders need enhanced criminal records and barred list checks to help keep children and other vulnerable groups safe. Check the current position in the EYFS statutory framework.
Reporting Concerns and Referrals
Regulations require home-based childcare providers to report safeguarding concerns promptly. This means contacting the local authority’s children’s services or the police if a child may be at risk.
Important steps include:
- Recording the concern with accurate details
- Sharing concerns with the local authority children’s social care team (including the child’s social worker if there is one) in line with your safeguarding policy
- Not investigating or questioning the person about the concern yourself, following your safeguarding policy and taking advice from children’s social care
- Following guidance in the safeguarding policy
Providers must not investigate concerns themselves. Children’s social care and the police lead child protection enquiries. See Working together to safeguard children.
Prevent Duty
The Prevent Duty is part of safeguarding requirements in England. Early years providers must have due regard to the need to prevent people from being drawn into terrorism. See the Prevent duty guidance for England and Wales.
Home-based childcare workers must:
- Be alert to signs that children may be exposed to extremist influences
- Create an inclusive environment that promotes tolerance
- Follow your safeguarding policy and local procedures if you are worried that a child may be at risk of being drawn into terrorism, and check the Prevent duty guidance
This does not mean teaching political issues. It means creating a safe space where harmful influences are addressed early.
Health and Safety Regulations as Part of Safeguarding
Safeguarding covers more than protection from abuse. It includes health and safety requirements that prevent accidents and illness.
Key points for home-based childcare include:
- Keeping the home clean and free from hazards
- Risk assessing indoor and outdoor spaces
- Storing medicines and cleaning products securely
- Maintaining safe food preparation areas
- Using safety gates, socket covers and other safety equipment
- Supervising children at all times
Ofsted inspections check these arrangements closely.
Safe Recruitment Practices
If a home-based childcare provider employs an assistant, they must follow safe recruitment practices.
These include:
- Checking references
- Verifying identity and qualifications
- Making sure suitability checks, including enhanced criminal records and barred list checks, are completed through Ofsted or your childminder agency before an assistant starts work (see the EYFS statutory framework)
- Providing safeguarding induction training
- Supervising new staff until their suitability is confirmed
This helps prevent unsuitable people from working with children.
Keeping Records
Regulatory requirements demand that records are kept securely. This supports safeguarding by providing evidence and information when needed.
Records should cover:
- Attendance
- Accidents and incidents
- Medical needs
- Safeguarding concerns reported
- Consent forms signed by parents or guardians
Records must be kept confidential and secure, and shared only with people who have a right or professional need to see them. See the EYFS statutory framework.
Working with Other Agencies
Safeguarding regulations encourage cooperation with other agencies. In cases where children may be at risk, home-based childcare workers need to liaise with:
- Health visitors
- Social workers
- Police
- Schools
- Medical professionals
This sharing of information must follow data protection laws but can be important in protecting a child.
Training Requirements
To meet regulatory safeguarding duties, providers must complete training. This includes safeguarding training that meets the criteria in the EYFS statutory framework, kept up to date for the childminder and any assistants.
Training covers:
- Recognising signs of abuse
- How to report concerns
- Policies and procedures updates
- Changes in legislation
Keeping training up to date is part of compliance with EYFS.
Legal Frameworks Governing Safeguarding
Several laws and statutory guidance documents shape safeguarding duties:
- Children Act 1989 and 2004 – sets out duties to keep children safe and promote welfare
- Working Together to Safeguard Children – government statutory guidance for all agencies working with children in England. Check the current edition on GOV.UK.
- The Childcare Act 2006 – covers registration and regulation of childcare provision
- Keeping Children Safe in Education – influences practice when working with school-aged children
- Data Protection Act 2018 – rules for handling personal information
Providers must be familiar with these and follow them in daily practice.
Responding to Allegations Against Adults
Clear procedures are needed for allegations against an adult working or living in the childcare setting.
Rules include:
- Following your safeguarding policy, telling the local authority designated officer (LADO) promptly, and telling Ofsted or your childminder agency as soon as reasonably practicable and within 14 days (see the EYFS statutory framework and Working together to safeguard children)
- Taking advice from the designated officer on what happens next, including any restriction on the person’s contact with children
- Recording all details accurately
- Supporting the child involved
The LADO advises on the next steps and coordinates investigations.
Confidentiality and Information Sharing
Safeguarding regulations require balancing confidentiality with the need to share information to protect a child.
Guidelines include:
- Not sharing information with anyone who does not need it
- Passing information to police, social workers or safeguarding leads when necessary
- Being open with parents about information sharing where it is safe to do so, and taking advice before telling them if it could put the child at risk (see information sharing to safeguard children and young people)
Data protection laws do not prevent sharing information where a child may be at risk of harm.
Final Thoughts
Safeguarding in home-based childcare is a legal duty and a moral responsibility. The regulations are there to protect children from both immediate danger and long-term harm. This means having clear procedures, keeping up to date with training, and being ready to act if concerns arise.
Following these requirements creates a safe environment where children can learn and grow. As a home-based childcare provider, your role is to make sure every child feels secure, valued and protected. That commitment builds trust with families and helps children thrive.