Suitability changes for childminders

The Early Years Foundation Stage (EYFS) was updated from 1 September 2026. Paragraph 3.14 of the EYFS was revised to state, 'Childminders and any assistants must be cleared as 'suitable' by Ofsted or their CMA via the suitability letter before they can begin working in the setting.'

This change to require suitability checks before employment has caused some concern for childminders who have assistants and students in their setting. Childcare.co.uk approached Ofsted to ask member questions. These are the answers we received from Ofsted (7 October 2026):

Q: The regular visitor rule

A childminder has a visitor who comes during the day to see them - for example, a family member who pops in but does not interact with the children or come to volunteer, work, provide care or play. When would the suitability letter requirement be triggered?

A: Our policy on who we check is here: People connected with Ofsted-registered childcare which includes a section on 'regular visitors'. We are legally obliged to determine suitability for anyone 'living' or 'working' aged over 16 on the premises. At the same time, applicants are able to request a DBS if they work or live with a childminder, but not if they visit.

We must first determine whether a person is working with children (either providing or assisting with the provision of childcare), so that they can request a DBS check. There is no provision in regulations for checking 'regular visitors'. Where this is unclear, we must determine this on a case-by-case basis, by speaking to the provider about who is at the premises and what they are doing, to be sure about whether they are living or working on the premises.

Q: Time to process suitability letters

During an Ofsted Facebook live, Ofsted quoted 12 weeks for a suitability letter. Childcare.co.uk has a lot of members telling us they have waited significantly longer, including many who 'gave up' after 6+ months and others who waited longer than a year and certainly in excess of 12 weeks. Is the 12 weeks a new processing goal from Ofsted?

A: In terms of timelines, 12 weeks is our average registration window. Where we determine that someone is suitable to become a childminder assistant, it takes on average 34 working days. This is down from 37 working days in 2023, and we're still finding ways to make the process better and faster. This equates to just under 7 weeks on average. This blog explains why this can sometimes take longer.

Q: Ofsted follow-up questions to assistants

Can Ofsted confirm whether it is now standard for assistant applicants to receive a phone call and / or inspector visit before they receive the suitability letter? There have been reports of assistants who have been selected for calls / visits and these are delaying applications further.

A: Ofsted is required to determine where those connected to a childminding registration, e.g. household members over 16 and assistants, are suitable to care for or be in regular contact with children. In doing so, if we come across information that requires further discussion, we may want to talk to the individual. We will consider the best method to discuss this depending on the sensitivity of the information. This process has not changed as a result of the September 2026 changes to either version of the Early Years Foundation Stage (EYFS) statutory framework.

Q: Can the suitability process be quicker?

Can Ofsted advise on whether any steps have been taken to expedite suitability letter processing, to support childminders who have been impacted by this new rule and had to give notice to assistants who started prior to 1 September and now have no income?

A: Ofsted have processes in place to chase outstanding checks for all applications, including those applying to be assistants on active childminder registrations. We are aware of the impact of the changes and are working hard to complete suitability of assistants. Whilst we rely on other agencies to provide us with information as part of our vetting processes, we actively monitor and chase outstanding checks to help ensure they are completed as quickly as possible.

Q: Long waits for suitability letters

Some childminders report waiting 6+ months for an assistant suitability letter. Any wait like this will make childminders unsustainable. An assistant typically leaves giving 1 month notice - any extended wait for a suitability letter will lead to the childminder being forced to give families notice from the setting due to ratios. Can Ofsted provide any reassurance that the waiting times will be better managed in the future?

A: Our published blog and guidance provide information about the information we collect to determine an applicant's suitability. For much of this process we are reliant on other agencies for this information. We have good working relationships with other agencies to ensure this is done as quickly as possible, whilst maintaining robust decision-making to ensure only those who are suitable to care for or be in regular contact with children can do so. The process takes on average 34 days.

We understand that some of the time it takes onboarding a new assistant comes before they complete the relevant Ofsted forms and suitability checks. If a person is applying for a DBS and experiencing delays, they can request an escalation with the DBS before 60 days if an application is urgent. They can contact the DBS call centre on 03000 200 190 or customer services at Customerservices@dbs.gov.uk and request a 'hardship escalation'. Further information, provided by DBS, is available here.

Q: Apprentices and the new rule

Some childminders had apprentices due to start in September week 2 / 3, but they could not start the DBS process until the new college year. This means they have not been able to take on the apprentices due to uncertainty about processing times for suitability letters. This will obviously be the same in future years because they cannot start the suitability processing until the college year begins which means childminders will no longer be able to support apprentices. Childminders are asking - is this a deliberate move to stop them taking apprentices or an unintended consequence?

A: The Department for Education (DfE) has been clear that the changes have been made to ensure that only suitable people work with children. The safety of our youngest children is a priority for us all. Any concerns with the DBS process timescales and work experience or student placements should be alerted to the DfE.

Q: Family members and suitability letters

Are the rules different for assistants and family members? If someone, for example, is moving house into their partner's home, can they start work while waiting for their partner's suitability letter? Would this be different if the partner works from home or works out of the house? Is this where the disconnect between 3.14 and 3.18 in the childminder EYFS applies? - 3.14 says suitability letter before starting and 3.18 says no unsupervised contact.

A: Correct – a childminder can work from any domestic premises, but they must notify Ofsted or their CMA of all people living or working there over 16. Those working cannot begin until deemed suitable, and those living at the premises can reside in the household but cannot have unsupervised contact with children. For those that live at the new premises, who want to work as an assistant, they cannot have unsupervised contact with children and cannot begin working as an assistant until deemed suitable.

Q: How to send the DBS check to Ofsted

Clarity is needed on whether Ofsted want DBS checks emailed to them or sent by post. Members report that in some cases postal delays are causing longer waiting times for processing.

A: Ofsted and DBS have published guidance on DBS checks. For group based provision, the guidance states that an inspector will check that the provider has seen the original DBS certificate, not a photocopy, and tried to contact the person who requested the original check, to confirm if any other information was released through a separate letter (if other information was released, the employer must not let the person start work until they have a new DBS check).

For domestic providers, where Ofsted has the legal responsibility to determine suitability, Ofsted may request the original DBS check by post in line with DBS guidelines, which states: 'As part of your decision-making process, you must ensure you have seen an original DBS certificate. Copies or digital photographs are not acceptable and must be rejected. A DBS certificate contains security features which can be used to verify whether it has been counterfeited or altered.'

Further information about checking the validity of a DBS certificate can be found on the DBS checks: guidance for employers GOV.UK page.

Q: A new cook (not an assistant)

Can a childminder start someone working as a cook while waiting for their suitability letter, so they don't lose them as an employee? They have been waiting 5 months so far for a suitability letter and the cook is not going to be working directly with the children.

A: EYFS 3.14 states: 'Childminders and any assistants must be suitable; they must have the relevant training and have passed any required checks to fulfil their roles. Childminders must obtain a reference for any childminding assistants they recruit. Childminders and any assistants must be cleared as 'suitable' by Ofsted or their CMA via the suitability letter before they can begin working in the setting. It is the childminder's responsibility to check the initial and ongoing suitability of an assistant.'

EYFS Footnote 15: 'Assistant means any person who assists a registered childminder with childminding of one or more children to whom they are not related, regardless of whether the assistant is paid or not. Students, volunteers and apprentices working with a registered childminder are also assistants.'

A cook would be someone who assists a registered childminder and therefore this would also apply to them, and they would need to be checked and have the letter from us to confirm this prior to starting work.

Q: Nursery colleagues ask - DBS on the update service

What about if a new staff member already has a DBS which is on the update service? Does 3.17 (group setting EYFS) mean they need a new one every time they move setting?

A: 3.17 states: Providers must not allow individuals to begin working or volunteering at the setting until they have received the applicant's enhanced criminal records and barred list check.

Providers are not required to complete a new check if they have seen the original DBS check and it is on the update service. The level of DBS check must be an enhanced DBS check with children's barred list check, unless they are a volunteer that is not in regulated activity in line with footnote 20 of the EYFS. Providers should follow DBS guidance for the frequency of update service checks.

Q: An assistant moving from one setting to another

If a childminder assistant already has a DBS and suitability letter for one childminder setting and wants to work at another setting, do they have to wait for the suitability letter process to repeat? Will it likely be quicker if the DBS is on the update service?

A: Childminders must notify Ofsted or their Childminder Agency (CMA) of any changes to persons aged 16 years or older living or working on domestic premises. Ofsted registered childminders should use the Childminders: report new people in the setting form and the applicant will be sent a request for information. Ofsted does not routinely repeat DBS checks on people who are already registered with us or we have agreed as suitable to work with children.

However, a new DBS check is required when a person who is already known to Ofsted applies to register a new childcare provision, or to take on a new role with an existing registration where Ofsted decides on suitability, if any of the following criteria apply:

• The new role gives greater access to children or has more responsibility.
• There has been a break of more than 3 months between leaving the old post and taking up the new post.
• There are concerns about the person, which may affect their suitability.
• They have never had a DBS check.

Further guidance can be found here.