The information on this page sets out the flexibilities for childminders in England that came into force on 1 November 2024. These include the introduction of a new category of childminder (known as childminder without domestic premises) and an increase to the number of people that a registered childminder can work with.

PACEY has been working closely with colleagues at the DfE, Ofsted, HMRC and more to garner as much information as possible. The following information is a result of those discussions and questions and concerns raised by PACEY members. 

What are the changes?

The new flexibilities:

• Created a new category of childminder (childminder without domestic premises) who work entirely from non-domestic premises.
• Increased, from 3 to 4, the total number of people that can work together under a childminder’s registration (including the childminder).
• Gave childminders and providers of childcare on domestic premises (CODPs) more flexibility, allowing them to spend more time operating outside of domestic premises, such as a community hall or school.
• Increased the number of people needed for CODPs to operate from 4 or more, to 5 or more people providing care (CODPs that were registered, or applied to register, before 1 November can continue operating with 4 or more people).

So, as of 1 November 2024 there are two categories of childminder: childminder with domestic premises, and childminder without domestic premises.

Childminders who are already registered do not need to take any action in relation to these changes and will be able to benefit from the new flexibilities.

The consultation in March 2024, along with evidence that we have presented to the DfE, highlighted that one of the barriers to people becoming childminders was the limitations on use of their home. The new category of childminder is intended to offer a solution to that. Childminders can already operate outside their home for 50 per cent of their time, and this new flexibility will allow them to do the same but for more of the time.

Existing and new childminders who work in a home for some of or all the time have been re-titled as childminders with domestic premises. They’re able to choose how much time they operate from their home or from non-domestic premises, as long as they spend at least some of their time operating from their domestic premises. This means that most childminders remain as childminders with domestic premises, and you can choose how to apply the new flexibility. As an example, you might choose to work Monday-Wednesday from a community hall and the rest of the time from your own home.

Who might benefit from the new category?

• People with issues and restrictions with covenants and new builds
• People unable to own their own home or without suitable space for childminding
• People having issues with rental agreements/landlord disputes
• People affected by rising energy bills and costs associated with the home

We regularly talk to DfE officials about how hard it is to set up and keep going as a childminder. These flexibilities are aimed at giving you more options with your practice.

For example, the change allowing childminders to work with an extra employee (from 3, to 4 people including the childminder) will be positive for those wanting to increase the number of children in their setting. Supporting lone childminders to employ an assistant, if you wish to, would help increase capacity and meet demand in areas where there are currently not enough places for children.

Limitations

It is important to note that people registering as childminder without domestic premises are NOT allowed to operate from their home at all – this includes pickups, drop-offs, holiday etc. The new category of childminder without domestic premises will therefore benefit those who cannot work from their homes, for the reasons outlined above for example.

Questions and concerns raised by PACEY 

We asked what the distinction is between the new category of childminder without domestic premises, and childcare on non-domestic premises (i.e. a nursery). We want to avoid confusion and inconsistency across standards. They operate under different EYFS frameworks, with childminders following the childminder EYFS with different qualification requirements and a limit to the number of staff you work with. Providers should carefully consider which category works best in terms of choosing how to register.

We appreciate concerns among childminders that the new flexibility could dilute the unique nature and appeal of home-based childminders. PACEY, along with the DfE and Ofsted will continue to champion home-based childminding in the same way we do now. The new changes are designed to give you more flexibility in your business and support those who are unable to work in their own homes.

Commonly asked questions

1. How do the changes affect Ofsted registration and inspection?

At the point of registration for a childminder without domestic premises, Ofsted will assess whether the non-domestic premises is suitable and meets the requirements in same way that is applied to childminders spending any time operating from a non-domestic premises. Please refer to Ofsted’s guidance: Register as a childminder without domestic premises

• New category of childminders without domestic premises: You would register a primary premises with Ofsted, the place where you mainly work from. You can register other premises too, it is down to Ofsted to decide whether to inspect these. Your inspections are still linked to you as the childminder, rather than the premises. Remember that this category is not permitted to operate from a domestic premises for any amount of time.
• For childminders with domestic premises: Your registration is linked to your home address. You can operate from other premises, as long as you spend some time in your domestic premises.

Both categories of childminder follow the EYFS for childminders. Those working in other premises, whatever proportion of time this is for, follow the same rules that currently apply and Ofsted will assess the suitability of the premises.

2. Will ratio requirements stay the same?

Yes, there is no change to current ratio requirements, whether you work as a childminder with or without domestic premises.

3. How does this affect my insurance?

PACEY has been working with our insurance provider to ensure you’re being protected at the right level in order to protect your business. So if you’re applying any of the flexibilities, such as employing additional assistants, please contact the insurance team directly on 0330 058 9860 to find out if there’s any update needed to your cover. January 2025 update: PACEY is pleased to announce that the PACEY Practitioner Policy that is included with PACEY Practitioner memberships now covers childminders in England who want to work on non-domestic premises for up to 75% of the time (previously 50%), to support those wanting to take advantage of the new flexibilities. This will not affect the price of your PACEY membership. Any childminders wishing to work on non-domestic premises for more than 75% of the time will need to speak with our insurance provider (Morton Michel) on 0330 058 9860 to determine appropriate cover.

Longer term, we will be working with members to assess how they are using the new flexibilities to ensure the products and policy cover included as part of our membership are suitable for their childcare business needs.

4. What are the implications on HMRC and expenses?

We raised a range of issues with the DfE around practicalities: business rates, HMRC and allowable expenses like council tax and heating bills for childminders spending more time outside domestic premises. For the most part, a childminder won’t own/manage the non-domestic building and therefore won’t have to pay additional costs like business rates, commercial waste etc. In some cases, you may have certain costs to cover but it’s best to speak to your local authority ahead of time about this. For example, if you’re acquiring an empty retail space, you’d have to go through planning permissions for change of use. With this would come additional costs to work through with the local authority.

HMRC: Deductions for household expenditure (BIM52571): HMRC have confirmed that, for a childminder who works from their home for some of their time, and non-domestic premises for the rest of their time, they can claim deductions for the number of hours worked in the home. So for example, a full time (40 hours a week) childminder working 25% of the time from their home (equivalent to 10 hours) would apply the relevant deductions for 10 hours worked (8% of heating and lighting and 2% or water rates, council tax and rent), using the table provided in the BIM52571 guidance.

Please note: We are waiting for confirmation on HMRC’s position on the 10% deductions for wear and tear and other costs (e.g. whether childminders can include rent for non-domestic premises as a business expense).

5. How can I find suitable premises?

Local authorities are expected to support childminders to find non–domestic premises and can help/advise with setting up provision in these. We know that resources and communication can vary between different local authorities, so we encourage childminders to reach out to LAs and/or schools and other settings to explore opportunities.

6. How do these changes fit in with other government policy areas?

PACEY asked the DfE how this category fits into the wraparound childcare programme and breakfast clubs and school-based nurseries. Technically, a childminder could work from these empty spaces under the new flexibilities and officials will emphasise that in guidance.

Next steps

We are keen to hear from PACEY members about how these changes affect you. Please take the time to digest this information and think about whether you will be applying any of the flexibility to your setting. Please email us at policy@pacey.org.uk with your views and queries. If it would be helpful for members, PACEY can facilitate a follow-up webinar to answer any questions or queries you have.

What else is PACEY calling for?

This change alone will not reverse the decline in childminder numbers. We want to see a bolder strategy that supports all registered childminders.

As set out in our manifesto, in England, PACEY is calling for:

• Removal of the rule that prevents non-parental relatives providing funded spaces
• A universal, national funded programme of childminder pre-registration support
• Accessible post registration support to enable professional growth of childminders and mechanisms to reduce isolation and provide emotional support
• Funding systems and payments that are fair and sustainable
• An obligation on all local authorities to audit existing wraparound provision in their area and avoid undermining childminder provision.
• Improvements to the Universal Credit system to allow for the unique working context of childminders.
• A joined-up, national approach to define and clarify local planning, commercial waste and environmental health requirements for childminders to reduce the burden felt by childminders
• A long-term strategy for early education and childcare that understands the unique value of childminders and puts them at the centre of addressing the unequal access that is currently leaving disadvantaged children, including those with SEND, missing out.