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Care, nurseries and childminders
Ofsted’s early years rules expressly require appropriate insurance such as public liability, while CQC’s fundamental standards do not set an insurance requirement as such. For care providers, the pressure to insure comes mainly from employers’ liability law, contracts and the duties the regulations place on you.
Part of: Care home insurance
In short
For childcare in England, the EYFS framework says providers must carry appropriate insurance, such as public liability, for all premises they use, and Ofsted’s Childcare Register requirements say childminders must have public liability insurance. For adult social care, the fundamental standards in the 2014 Regulations cover safe care, safeguarding, premises and candour, but none is headed insurance. Employers’ liability is compulsory for almost every employer, with a £5 million minimum. Commissioners and landlords commonly add their own requirements. Both regulators expect prompt notification of serious incidents, and insurers need their own separate notice.
| Source | What it says about insurance | What it means in practice |
|---|---|---|
| EYFS framework, group and school-based providers, paragraph 3.90 | “Providers must carry the appropriate insurance (e.g. public liability insurance) to cover all premises from which they provide childcare.” | Nurseries and pre-schools need liability cover for every site they use. |
| Ofsted: compulsory Childcare Register requirements for childminders | “You must have public liability insurance. This covers death, injury, public liability, damage or other loss.” | Childminders need public liability from the start. |
| Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 | The fundamental standards (regulations 8 to 20A) cover matters such as safe care, safeguarding, premises, staffing and the duty of candour. None is headed insurance. | Insurance is not a standalone CQC standard, but claims follow from failures against these standards. |
| Employers’ Liability (Compulsory Insurance) Regulations 1998, regulation 3 | Employers must insure for at least £5 million under the 1969 Act. | Applies to care and childcare employers alike, with limited exemptions. |
This page covers England. Wales, Scotland and Northern Ireland have their own regulators and rules.
Early years providers on non-domestic premises must register under section 34 of the Childcare Act 2006, and providing early years provision without registration and without reasonable excuse is an offence. Once registered, the EYFS framework applies. The version for group and school-based providers in force from 1 September 2026 contains the insurance requirement at paragraph 3.90, under its own heading, Insurance.
Ofsted’s guidance for childminders says you will need public liability insurance when you start looking after children. In both cases the rule is expressed as appropriate insurance, with public liability as the example, so it does not set a minimum limit. In practice, local authority funding agreements and hire agreements for halls often specify limits. See nursery insurance and childminder insurance for what a policy usually includes.
The fundamental standards for CQC-registered providers sit in Part 3 of the 2014 Regulations. They do not include a regulation headed insurance. What they do contain are duties that, if breached, often lead to claims:
Commissioners usually require insurance in their contracts, and insurers ask about your CQC rating and any enforcement action when they assess the risk. Our existing guide to insurance and indemnity for CQC-registered providers goes further into the CQC side, and our CQC provider PI entry covers professional indemnity.
Both regulators expect to hear about serious incidents quickly, and both notifications are separate from your insurance.
| CQC | Ofsted | |
|---|---|---|
| What to notify | CQC’s notifications guidance lists events including allegations of abuse, serious injury to a person using the service and deaths. | Ofsted’s incident guidance lists a child’s death, serious accident, injury or illness, and allegations of harm or abuse. |
| When | As set out in CQC’s guidance for each notification type. | As soon as possible and always within 14 days. |
| Your insurer | Separately, under the policy’s claims conditions. | Separately, under the policy’s claims conditions. |
For group providers, the EYFS adds that failing to notify Ofsted of a serious accident, illness, injury or death without reasonable excuse is an offence (paragraph 3.79). Insurers usually want to hear about circumstances that might lead to a claim promptly, even before anyone has claimed; late notice can prejudice cover.
Because the regulators say little about limits, the detailed requirements usually come from the documents you sign. Read each one before you choose cover.
If a contract asks for a cover or limit you do not have, raise it before you sign rather than at renewal.
Because neither regulator sets limits, insurers and contracts do. When you apply, expect questions about:
Answering accurately matters. Under the Insurance Act 2015 you must make a fair presentation of the risk, and a misstatement can lead to a claim being reduced or declined. See fair presentation under the Insurance Act 2015.
Apex arranges insurance for care homes, domiciliary care providers, nurseries and childminders. A broker reads each enquiry and comes back with options; there is no fee for a quote, and cover is subject to the insurer’s acceptance and the policy terms. To quote, we need your business activities, turnover, location and claims history, plus your CQC or Ofsted registration and latest inspection outcome, the people you care for, staff numbers and any insurance requirements in your contracts or leases.
The fundamental standards in the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 do not include a regulation headed insurance. In practice care providers still need employers’ liability by law, and commissioners, landlords and lenders commonly require public liability, treatment and abuse cover. Insurers also ask about your CQC rating when they assess the risk.
The EYFS framework for group and school-based providers says providers must carry appropriate insurance, such as public liability, to cover all premises from which they provide childcare. It does not set a minimum limit, but local authority agreements and hall hire agreements often do.
Ofsted’s guidance says you will need public liability insurance when you start looking after children, and its requirements for the compulsory Childcare Register say you must have public liability insurance. If you employ an assistant, employers’ liability is usually compulsory as well.
As soon as possible and always within 14 days, according to Ofsted’s incident reporting guidance. For group providers the EYFS says failing to notify Ofsted of a serious accident, illness, injury or death without reasonable excuse is an offence. Tell your insurer separately under your policy conditions.
Only for employers’ liability, where the 1998 Regulations set a minimum of £5 million. Neither CQC nor the EYFS sets a minimum public liability limit. Contracts with local authorities, the NHS or landlords often specify one, so check them before choosing your limits.
Tell us what your business does, your turnover and any claims. A broker reads every enquiry and comes back with options. No fee for a quote. Or call 0117 325 0027.
Start a commercial enquiry Request a callbackApex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information, not advice on your individual circumstances, and it does not guarantee that cover will be available or on what terms.
