Question to the Department for Education:

To ask the Secretary of State for Education, whether her Department has any plans to tackle after-school clubs that are required to register with Ofsted that fail to do so.

Ofsted’s enforcement powers are set out in the Childcare Act 2006. The law gives Ofsted a range of powers to deal with persons providing childcare without appropriate registration and registered providers that fail to meet the legal requirements for early years settings.

Ofsted’s early years and childcare enforcement policy sets out the actions that Ofsted can take, dependent on the register that the after school club is registered on. Before and after-school clubs can register with Ofsted on either or both the Early Years Register and the General Childcare Register, depending on the type of provision and age of the children they intend to care for. Some providers are exempt from registration if they meet the exemptions set out in legislation. Depending on their registration, they must either meet the statutory requirements of the early years foundation stage, or the general childcare register requirements. The requirements for both registers are set by the department.

Departmental officials also meet regularly with their Ofsted counterparts to ensure that the regulations that apply to Ofsted registered providers of after-school childcare remain fit for purpose. Ofsted takes appropriate action on information that they receive about unregistered services and provision on unapproved premises. Ofsted’s process for managing unregistered provision is outlined in their published enforcement policy, which is accessible at: https://www.gov.uk/government/publications/early-years-and-childcare-ofsteds-enforcement-policy/early-years-and-childcare-enforcement-policy#unregistered:~:text=in%20appropriate%20circumstances.-,Unregistered%20childcare%20providers%20and%20provision%20on%20unapproved%20premises,-Most%20childcare%20providers.

Information about Ofsted’s regulatory and enforcement activity in relation to unregistered provision is outlined in Ofsted’s annual report and accounts each year, which is available here: https://www.gov.uk/government/publications/ofsted-corporate-annual-report-and-accounts-2023-to-2024.