Ofsted clarifies when it sets actions or serves welfare notices

Ofsted has updated its early years and childcare enforcement policy to clarify the steps it takes when providers are not meeting requirements.

Ofsted uses powers under the Childcare Act 2006, which includes the rules for regulating childcare in England. The policy covers childminders, nannies, nurseries and childminder agencies.

Ofsted said the update clarifies when it serves a welfare requirements notice (WRN) and takes enforcement action, and when it sets actions. It also corrected a typing error about notification.

When Ofsted sets actions

Ofsted will consider raising an action when a provider is not meeting one or more early years foundation stage (EYFS) requirements.

This applies where leaders, or the childminder, understand the requirements and Ofsted believes they may be able to improve without statutory enforcement action.

Actions set at inspection are listed in the report card and followed up at the next inspection. Actions set at other times come in an actions letter.

After regulatory activity, the provider must email Ofsted within the set timescale about the action it has taken.

When Ofsted serves a WRN

A WRN can only be used for the safeguarding and welfare requirements of the EYFS, not the learning and development requirements.

Ofsted will consider a WRN when leaders do not show they understand the requirements and it does not believe they can make the improvements needed.

It usually serves one where there has been previous non-compliance, or where earlier actions have not been completed satisfactorily.

A provider commits an offence if it fails to carry out WRN actions within the time given. Ofsted usually checks compliance within 5 days of the due date.

Earlier this month, the policy was also updated to reflect EYFS changes on 1 September 2026. Providers must now tell Ofsted about allegations of harm, rather than serious harm.