The Roles and Responsibilities of the Registered Provider

Registered Provider

• An organisation, committee run/directors of a company, or individual, childminder/ sole trader/private business owner, responsible for ensuring that Safeguarding and Welfare Requirements as set out in the framework for the early years foundation stage (EYFS) are met and that suitable people work at the provision.
• Each individual on the committee is considered part of the ‘Registered Provider.’
• All committees are equally responsible and accountable for the provision.
• Includes everyone who is part of the committee on the date that Ofsted takes any action in connection with the registration.
• In the case of a Company Limited by Guarantee, the directors are the Registered Provider. Anyone attending committee meetings, hearing information and involved in decision-making must be a director of the company and registered with Companies House.
• In the case of a sole trader or childminder, the named individual is the Registered Provider.
• In the case of a private company, the owners of the company are the Registered Provider.

Nominated Individual

An Ofsted-registered organisation must appoint a ‘Nominated Individual’. The nominated individual will be responsible for all aspects of the registration and will liaise with Ofsted. The nominated individual can be either:

• A member of the governing body.
• The most senior person in the organisation with direct responsibility for childcare. 

The nominated individual cannot be the appointed manager unless the manager is also a member of the governing body.

A member of an organisation’s governing body is responsible and accountable for the governance of that organisation. This does not apply to members who only have voting or attendance rights, such as shareholders.

Ofsted has also confirmed that, while it is still only able to communicate with the nominated individual on legal matters related to the registration, such as suspension, cancellation, legal notices, or staff-related concerns, settings can appoint two additional named contacts, one of whom may be the manager of the setting, who can communicate with Ofsted on general matters relating to the setting.

Suitable People/Person

People, staff and volunteers, suitable to fulfil the requirements of their role to look after children after undergoing specific suitability checks and safer recruitment procedures.

Manager

The person who has day-to-day responsibility for the provision must have appropriate qualifications, experience and knowledge and can be the nominated individual in exceptional circumstances.

Named Deputy

“In settings on the Early Years Register, you must ensure there is a named deputy who, in their judgement, is capable and qualified to take charge in the manager’s absence” -refer to statutory framework point 3.44; See footnote 33 -‘Capable and qualified’ includes having the necessary skills and knowledge to deputise. A deputy does not have to have any specific qualification.

Key Person

A specific person in the staff team assigned to a child to ensure that the child’s care is tailored to meet their individual needs, to help the child settle into the setting and to build a relationship with the parent/carer.

EYFS statutory framework

Early years foundation stage (EYFS) statutory framework - GOV.UK.

• A framework which sets out the standards for early years development, learning and welfare from birth to five years of age, given legal force by the Childcare Act 2006, 39 (1) (a) and (b).
• Is mandatory and applies to all early years’ childcare providers registered with Ofsted on the Early Years Register.
• A structure to guide practitioners and the registered provider in delivering effective provision in their settings.

The Registered Provider is required to meet the EYFS.

Statutory framework handbook

Introduction to the EYFS.

Section 1 – The learning and development requirements.

Section 2 – Assessment.

Section 3 – The safeguarding and welfare requirements.

3.1… States children learn best when they are healthy, safe, secure, when their individual needs are met, and when they have positive relationships with the people caring for them.

3.2… Are designed to help providers create a high-quality, welcoming, and safe setting where children can enjoy learning and grow in confidence.

3.3… Providers must take all necessary steps to keep children safe and well. The requirements in this section explain what early years providers must do to:

• Safeguard children.
• Ensure the people who have contact with children are suitable.
• Promote good health.
• Support and understand behaviour.
• Maintain records, policies, and procedures.

Key responsibilities of the Registered Provider

• Have a duty of care to safeguard children and must comply with the Safeguarding and Welfare Requirements as set out in the framework for the EYFS.
• Must have a clear legal structure and comply with financial regulations.
• Must be registered with and regulated by Ofsted.
• Must comply with employment and anti-discrimination law.
• Must ensure the setting complies with Health and Safety legislation.
• Must work within the guidelines of the General Data Protection Regulation (GDPR).

Ofsted requirements

• Providers must ensure that people looking after children are suitable; they must have the relevant qualifications, training and have passed any required checks to fulfil their roles. Providers must take appropriate steps to verify qualifications, including in cases where physical evidence cannot be produced. Providers must also ensure that any person who may have regular contact with children is suitable.
• Must follow their legal requirements under the Equality Act 2010.
• Be compliant with GDPR procedures.
• Complaints procedure in place.
• Providers must ensure that their premises, including overall floor space and outdoor spaces, are fit for purpose and suitable for the age of children cared for and the activities provided on the premises.
• Providers must ensure that they take all reasonable steps to ensure staff and children in their care are not exposed to risks and must be able to demonstrate how they are managing risks.
• Have at least one staff member identified and trained as a lead practitioner for safeguarding children. The lead practitioner(s) must attend a child protection training course.
• Have the appropriate insurances, for example, Public liability insurance, to cover all premises from which they provide the childcare.
• Adhere to Information and record-keeping requirements.
• Adhere to and follow Other Legal Duties requirements.
• Providers must be able to demonstrate their knowledge of the safeguarding and welfare requirements at inspection.

Changes that must be notified to Ofsted (EYFS, Section 3.102)

All registered early years providers must notify Ofsted of changes, which include:

• Change of manager.
• Change in the address of the premises.
• Change in hours during which childcare is provided.
• Change in charity/company details.
• Change to the nominated individual.
• Notifying Ofsted of any change to current committee members/Directors, for example, members leaving and new members starting, via the Ofsted EY2 and EY3 forms.
• Any significant event which is likely to affect the suitability of the early years provider or any person who cares for/is in regular contact with children.

Suitable person checks

• Ofsted will carry out checks on all those people who make up the Registered Provider using an EY2 form and may carry out a suitable person interview with the Nominated Individual. September 2024 – Ofsted: early years.
• Day-to-day managers are not required to complete an EY2 unless they are a named director or trustee of the organisation.
• Suitable person checks of all staff and volunteers will be the responsibility of the registered provider.
• Maintain records to demonstrate how you do this.

Essential documents and other important information

Ofsted Inspections from November 2025

New inspection methodology, new report card, and five-point grading scale:

Exceptional
Practice is exceptional: of the highest standard nationally. Other settings can learn from it.
Strong standard
The setting reaches a strong standard. Leaders are working above the standard expected of them.
Expected standard
The setting is fulfilling the expected standard of education and/or care. This means they are following the standard set out in statutory and non-statutory legislation and the professional standards expected of them.
Needs attention
The expected standards are not met, but leaders are likely able to make the necessary improvements.
Urgent improvement
The setting needs to make urgent improvements to provide the expected standard of education and/or care.

Safeguarding will be judged separately as 'met' or 'not met.'

For further information on Ofsted grade descriptors for leadership and governance, see pages 47 to 54 of the early years inspection toolkit. Size: 511KBFile format: pdf

Safeguarding standards not met

Where Ofsted considers that the provider has not met the safeguarding standards, they will give notice to the provider setting out:

• In what respect the provider has not met the expected standard.
• What action the provider needs to take to meet the expected standard.
• The provider is likely to be reinspected within six months if safeguarding is ‘not met’, but there can be enforcement activity in between if required.
• It is an offence for a provider to fail to meet such a notice.

Useful links

Ofsted - GOV.UK.

Department for Education - GOV.UK.