Registering as a childcare provider: 2026 exceptions

Care Inspectorate Wales registers and inspects providers of child minding and day care in Wales. This can include:

• child minders
• full day care
• sessional day care
• out of school childcare
• creches
• open access play provision

However, not all persons/providers offering childcare, play and activities for children are required to register with Care Inspectorate Wales. A set of exceptions identify circumstances where persons/providers are not required to register based on factors such as the:

• type of provision
• operating hours
• relationship to the child
• where care is taking place 
• age of the children 

Any application to register as a child minder or day care provider, submitted by a person/provider who is not required to register, will likely not be approved.

The law about when child minders and day care persons/providers in Wales have to register is currently found in the Children and Families (Wales) Measure 2010 and the Child Minding and Day Care Exceptions (Wales) Order 2010.

The Child Minding and Day Care Exceptions (Wales) Order 2010 has been reviewed by the Welsh Government. It will be replaced by the Child Minding and Day Care Exceptions (Revocation and Transitional Provision) (Wales) Order 2026 which will come into force on 1 April 2027. There will be a 1-year transitional period from 1 April 2027. During the transitional period, persons/providers who will be required to register under the new legal framework once the 2026 Order comes into force will need to apply to register and prepare their provision to meet the regulatory requirements for registered providers. Applications will need to be received by Care Inspectorate Wales by 31 March 2028.

The new exceptions set out in the 2026 Order will be enforceable from 1 April 2028. From that point, any person/provider identified by Care Inspectorate Wales as requiring registration, that has not taken steps to register once the new exceptions come into force, could be subject to enforcement action under section 7 of Care Inspectorate Wales’ Securing Improvement and Enforcement Policy after this date.

In the period up to 1 April 2027, unregistered providers will need to operate within the exceptions set out in the Child Minding and Day Care Exceptions (Wales) Order 2010. During this period, persons/providers may start to consider what, if any, changes they would need to make to their service ahead of the new exceptions coming into force.

The exceptions cover a range of circumstances where registration is not required under the Child Minding and Day Care Exceptions (Revocation and Transitional Provision) (Wales) Order 2026 (‘the 2026 Exceptions Order’) and this guidance should be read in conjunction with that legislation.

This guidance is structured to align with the individual exceptions set out in the 2026 Exceptions Order. Persons/providers should look at each part of their provision separately. For each part, they should first identify the exception that appears most relevant and consider whether they meet its conditions in practice. If they do not meet the criteria to operate under that exception, they should consider: 

• whether another exception applies
• whether registration under the Children and Families (Wales) Measure 2010 is required
• whether the service could be adapted to meet the conditions of an applicable exception

Whether an exception applies will depend on the specific circumstances of the provision. If you are unsure, please contact Care Inspectorate Wales.

A person/provider does not need to meet every exception in the 2026 Exceptions Order to operate that part of their provision without registration. A person/provider only needs to fall within one relevant exception for the particular circumstances of that part of their provision to be exempt from the requirement to register (provided the conditions of that exception are fully met). 

Operating on a voluntary basis does not, by itself, mean a person/provider is exempt from registration. The relevant exception must still apply, and all of its conditions must be fully met.

If you have any questions about whether a person/provider should be registered, or whether a service is operating within any of the provisions of the 2026 Exceptions Order you should contact Care Inspectorate Wales.

Time-limited provision

This is set out in Article 4 for child minding and Article 11 for day care.

Explanation

If a person/provider operates a provision for exactly 2 hours or less per day and all children attending are at least 3 years old, they are not required to register with Care Inspectorate Wales.

If a person/provider operates a provision for exactly 2 hours or less per day and children aged 2 or under are in attendance, they are required to register unless the child’s parent remains on the premises and can resume care of the child without undue delay if requested by the provider. For the purposes of this guidance, “without undue delay” would normally be interpreted to mean resumption of care in no more than 5 minutes, unless there are exceptional circumstances.

If a registered child minder or day care provider’s registration is suspended by Care Inspectorate Wales, they cannot use this exception to provide care during the suspension, even for 2 hours or less.

For further details, see How to use this guidance for the 2026 Exceptions Order.

Examples

After-school club

A school runs an after-school club on the school site for 1 hour and 55 minutes per day. All children attending are at least 3 years of age. The school is not required to register as a day care provider as the time of operation is less than 2 hours per day and no children attending are 2 years or under.

Multiple sessions

A playgroup runs 2 sessions per day, with each session lasting 1 hour. The children are all aged 3. The playgroup is not required to register as a day care provider because the total hours of care provided in that day is 2 hours and no children attending are 2 years or under.

Parent support group creche

A group of children aged 2 and under are cared for by a creche. The children are at the creche for one hour while their parents attend a parenting class in a room in the same building. The parents can be called to come to their child at any time and could resume care of their children in under 5 minutes. This creche is not required to register as a day care provider as the parents remain on the premises and could resume care of the child without undue delay.

Faith group creche

A group of children aged 2 and under are left in the care of a creche run by a faith group for exactly 2 hours while their parents worship. The worship takes place in the main building while the child is in the hall attached. The parent can be called to come to their child at any time and could be with the child in under 5 minutes. This creche is not required to register as a day care provider as the parents could resume care of the child without undue delay.

Language class creche 

A group of children aged 2 and under are cared for by local authority staff for 90 minutes while their parents attend a language class. The class takes place in a different building that is a 15 minute walk away. This creche is required to register as a childcare provider as the parents do not remain on the premises and the distance would not permit the parent to return to their child without undue delay.

Uniformed group

A uniformed group runs a weekly session in a community hall for one hour and 45 minutes. All children attending are aged 5 to 7. They are not required to register as a day care provider as the time of operation is less than 2 hours per day and no children attending are 2 years or under.

Sports club

A swimming school runs thirty-minute lessons for children aged 2. Parents wait for their children in the adjacent changing rooms. They are not required to register as a day care provider as the parents remain on the premises and could resume care of the child without undue delay.

Suspension

A child minder has had their registration suspended by Care Inspectorate Wales whilst a safeguarding investigation is undertaken by a local authority. The child minder can’t rely on this exception to operate for any length of time while the suspension is in place.

Primary carers, relatives and cohabitees

This is set out in Article 5 for child minding.

Explanation

Parents, relatives, foster carers and people living in the same household as a child cannot register to care for the child.

The exception does not apply if a relative or a person living in the same household as the child, cares for them outside the child’s home and they also look after other children who they are not related to or live with.

’Relative’ means a step-parent, grandparent, brother, sister, uncle, aunt or first cousin (including any person who is in that relationship by virtue of a marriage or civil partnership or an enduring family relationship).

For further details, see How to use this guidance for the 2026 Exceptions Order.

Examples

Caring for a relative in the child’s home

A grandparent looks after their grandchildren 2 days a week in the children’s own home while their parents work. The grandparent only cares for those children. They are not required to register as a child minder because they are a relative caring for children they are related to.

Caring for a relative in the carer’s home

An aunt regularly looks after her niece at the aunt’s home. She does not care for any other children. She is not required to register as a child minder because she is a relative and is only caring for that child.

Living in the same household

An older sibling regularly looks after their younger sibling in their shared family home. They are not required to register as a child minder because they are related to and live in the same household as the child.

Foster carer caring for foster children placed with them

A foster carer looks after foster children placed with them by the local authority, in their own home. The foster carer does not care for other children. They are not required to register as a child minder as they are the foster children’s foster carer.

Relative caring outside the child’s home and for other children

An aunt looks after her nephew in her home and also plans to look after children from other families at the same time. She is not able to operate under this exception, because the care is in a home that the child doesn’t live at and provision is also available to children the carer is not related to.

Household member running group care elsewhere

A non-related family friend who lives in the same household as the child looks after them at a village hall, together with children from some other families. They are not able to operate under this exception because the care is not provided in the child’s home, the care is not provided on domestic premises and the provision is available to children they are not related to.

Care provision in the child’s home or non-domestic premises by parental agreement

This is set out in Article 6 for child minding and Article 13 for day care.

Explanation

A person/provider is not required to register as a child minder if they care for the child(ren) of 1 or 2 families at a time and the care is provided wholly or mainly in 1 or both of those family homes. The person/provider needs to agree the care arrangements with all parents in writing or verbally. 

A person/provider is not required to register as a day care provider if they care for the child(ren) of 1 or 2 families at a time and the care is provided on non-domestic premises chosen by both sets of parents. The person/provider needs to agree with the care arrangements with all parents in writing or verbally.

For further details, see How to use this guidance for the 2026 Exceptions Order.

Examples

Care for 1 family within their home

A parent employs an au pair to care for their 2 children in the family home. The arrangement is agreed directly between the parent and the au pair. The au pair is not required to register as a child minder because the care is provided wholly or mainly in the family’s home under an agreement with the parents.

Care for 2 families within their home

Two sets of parents agree to jointly employ a nanny to care for children from both families. The nanny looks after the children mainly in 1 family’s home, with some days spent in the other family’s home. The nanny sometimes takes the children out to places such as a park or a toddler group, but the main care takes place at either of the family homes. Both sets of parents have agreed the arrangement and the terms of care. The nanny is not required to register as a child minder because the care is provided mainly in the homes of the children being cared for, under an agreement with both families.

Care for more than 2 families within their home 

Three sets of parents agree to jointly employ a babysitter to care for their children for an evening while the parents go out. The babysitter looks after all of the children together in 1 family’s home and is paid for providing the care. The babysitter is not able to operate under this exception because the care is provided for children from more than 2 families.

Care on non-domestic premises for 1 family

A family staying at a hotel employs a babysitter to care for their child in the family’s hotel room while the parents attend a wedding taking place elsewhere in the hotel. The babysitter is arranged directly by the parents, and the hotel room is chosen by them as the place where the care will be provided. The babysitter is not required to register as a day care provider because the care is provided for 1 family only, and the care is provided on non‑domestic premises nominated by the parents as a result of an agreement reached with the parents.

Care on non-domestic premises for 2 families

Two families staying at the same hotel agree to share a babysitter to look after their children together in one family’s hotel room while both sets of parents attend an event elsewhere in the hotel. The room is chosen by the parents and the carer is arranged under a service contract agreed with both families. The carer is not required to register as a day care provider because the care is provided on non-domestic premises nominated by the parents, under an agreement the babysitter has reached with both sets of parents.

Care on non-domestic premises for more than 2 families

Four families agree to jointly employ a person to care for their children together in a local community hall during the school holidays. The person is paid for providing the care. The carer is not able to operate under this exception because the care is provided for children from more than 2 families.

Other care provision in the child’s home and provision of care by a domiciliary support service provider

This is set out in Article 7 for child minding and Article 15 for day care.

Explanation

A person/provider does not need to register as a child minder or day care provider if:

• the care is provided in the child’s home
• they are employed to deliver this as part of a domiciliary support service, registered under the Regulation and Inspection of Social Care (Wales) Act 2016
• the care has been arranged by the child’s parent, the local authority or a local health board

This applies whether the care is provided directly by the service provider or by someone they employ.

Domiciliary support means 'care and support (provided) to a person who by reason of vulnerability or need (other than vulnerability or need arising only because the person is of a young age) is unable to provide it for [themselves]'. This is usually provided to meet the child's assessed care and support or health needs.

For further information regarding the Regulation and Inspection of Social Care (Wales) Act 2016, visit Guide to registration: Regulation and Inspection of Social Care (Wales) Act 2016.

For further details, see How to use this guidance for the 2026 Exceptions Order.

Examples

Domiciliary support arranged by the local authority

A local authority arranges for a regulated domiciliary support service to provide care for a child in their own home. The care is delivered by staff employed by the domiciliary support service provider. Therefore, the care workers are not required to register as child minders, and the service provider is not required to register as a day care provider, because the care is provided in the child’s own home, as part of a regulated domiciliary support service.

Support arranged by a parent

A parent arranges for a regulated domiciliary support service to provide care for their child in the family home. This could be using their own funding, by using a direct payment from the local authority or health board. The care workers are not required to register as child minders, and the service provider is not required to register as a day care provider, because the care is provided in the child’s own home, as part of a regulated domiciliary support service.

Care arranged by a local health board

A local health board arranges regulated domiciliary support for a child with additional health needs. The care is provided in the child’s home by staff employed by a regulated service. The care workers are not required to register as childminders, and the service provider is not required to register as a day care provider, because the care is delivered as part of a regulated domiciliary support service.

Care provided outside the child’s home

A regulated domiciliary support provider offers regular group sessions for children at a community venue rather than in the children’s own homes. The children’s parents bring the children to the provision and collect them after. During the session, the children are in the care of the domiciliary support provider. This exception would not apply, because the care is not provided in the child’s home. In this situation, the provider has extended their offer beyond what can be regulated as a domiciliary support service and would not be able to operate under this exception.

Care delivered partially outside the home

A regulated domiciliary support service provides care for a child in their home but also takes children from their homes into the community at times to develop life skills. The care always starts and finishes from the child’s home and is covered by the domiciliary support registration. The provider would not need to register as a child minder or day care provider because the care is delivered as part of a regulated domiciliary support service.

Care not part of a regulated domiciliary support service

A parent uses direct payments to employ, or directly engages on a self-employed basis, a personal assistant to provide care for their child in the family home. The personal assistant is employed or contracted directly by the parent and is not working on behalf of a regulated domiciliary support service. Because they are not providing care through a service registered under Regulation and Inspection of Social Care (Wales) Act 2016 (RISCA), they are not able to operate under this exception.

Care not part of a regulated domiciliary support service 

A parent uses direct payments to obtain the services of a micro‑carer to provide care for their child in the family home. The micro‑care service meets the exceptions under Regulation and Inspection of Social Care (Wales) Act 2016 (RISCA) and does not need to register as a domiciliary support service. Because they are not registered under RISCA they are not able to operate under this child minding and day care exception.

Provision of care in the course of friendship

This is set out in Article 8 for child minding.

Explanation

A person/provider is not required to register as a child minder when they are caring for children through the course of friendship and no payment is made.

‘Payment’ means money, or something that has a monetary value. It does not include goods or services provided instead.

For further details, see How to use this guidance for the 2026 Exceptions Order.

Examples

Occasional care between friends

A parent asks a friend to look after their child for an afternoon while they attend an appointment. No payment is made for the care. The friend is not required to register as a child minder because the care is provided in the course of friendship and no payment is made.

Reciprocal childcare between families

Two families who are friends regularly take turns looking after each other’s children after school. No money changes hands, and the arrangement is based on mutual help rather than payment. The parents are not required to register as child minders because the care is provided in the course of friendship and no payment is made.

Parent hosting children

A parent invites three of their child’s friends to their home for an afternoon play date. The visiting children’s parents agree to the care, no payment is made, and the arrangement is informal. The host parent supervises the children while they play. The parent is not required to register as a child minder because the care is provided in the course of friendship and no payment is made.

Informal help with small gestures

A person looks after their friend’s child for a few hours. As a thank you, the parent gives their friend a box of chocolates. This does not count as payment. The friend is not required to register because the care is provided in the course of friendship and no payment is made.

Payment made

A parent pays a friend a set amount of money each week to look after their child after school. The care takes place in the friend’s home. The friend can’t operate under this exception, even though it’s provided in the course of friendship, because the friend is paid for providing the care.

Child minding assistants

This is set out in Article 9 for child minding.

Explanation

Child minding assistants are not required to register as a child minder in their own right if they work under the direct management and control of a registered child minder. The registered child minder would need to follow guidance in the National Minimum Standards for regulated childcare relating to the conditions under which qualified child minding assistants can be left in charge of children.

For further details, see How to use this guidance for the 2026 Exceptions Order.

Examples

Child minding assistant

A child minder employs a qualified assistant to support them in the care of children. The assistant is left in sole charge of minded children for an hour each morning and afternoon while the child minder does school runs. The child minder and assistant operate within the guidance set out in the National Minimum Standards about the circumstances in which qualified childminding assistants can be left in sole charge of children. The assistant is not required to register as a child minder because they work under the direction of the registered child minder. 

Child minding assistant

A registered child minder employs a qualified assistant who is routinely left in sole charge of minded children for over 2 hours at any 1 time, totalling over 3 hours per day, while the registered child minder runs another registered setting. The child minder is not available to direct the childcare during those times. The assistant opens and closes the setting, completes parent handovers, takes children on outings and makes day-to-day decisions about their care without oversight. In these circumstances the assistant is not working under the direction and control of the registered child minder. They are providing childcare independently, so they are not able to operate under this exception.

Occasional provision

This is set out in Article 12 for day care.

Explanation

If a person/provider operates a provision at a given location for 5 days or fewer in any calendar year and all children attending are aged 3 or older, they are not required to register as a day care provider. The provider will need to inform Care Inspectorate Wales in writing, of the dates they intend to run the service, before the first day of operation in that year.

If a person/provider operates a provision at a given location for 5 days or fewer in any calendar year and provides care for children aged 2 and under, they are not required to register if the children’s parent(s) remain on the premises and can resume care of the children without undue delay on request. For the purposes of this guidance, “without undue delay” would normally be interpreted to mean no more than 5 minutes, unless there are exceptional circumstances.

The person/provider will need to inform Care Inspectorate Wales of the dates they intend to run the service before the first day of operation in that year.

For further details, see How to use this guidance for the 2026 Exceptions Order.

Examples

Multi-location open access play 

An open access play provider operates for 4 hours per day, on 5 days per year at 2 different locations, totalling 10 days per year. The age range of the children is 4 to 11 years. They are not required to register as a day care provider as they offer care for no more than 5 days at any one location and all children attending are at least age 4.

Mobile creche

A wedding creche provider operates at different locations during the year, as contracted by the brides and grooms. Each session is longer than 2 hours and children of ages 0 to 12 are cared for at the request of their parents. The provider does not operate for more than 5 days at any single wedding venue, and the parents of children aged 2 and under remain on the premises. They are not required to register as the provider does not operate for more than 5 days a year at the venue concerned and the parents can resume care of children without undue delay.

Event creche

An organisation runs a crèche for children aged 2 and under to operate alongside a conference held over 2 days at a large hotel resort. Parents attend training in another building at the resort; parents cannot be disturbed whilst at the event and cannot return quickly if asked. Although the provision operates for fewer than 5 days at a single venue, the provider is required to register as a day care provider. This is because the children are aged 2 and under and their parents leave the premises and cannot resume care of the children without undue delay.

Holiday club

A provider runs a holiday club for children aged 6 to 10 at a leisure centre for 6 days during the year. Even though the sessions are spread across different school holidays, the total number of days at the leisure centre exceeds 5. The provider is required to register as a day care provider because they are operating for more than 5 days in a calendar year at the same venue.

Provision of care at other regulated accommodation-based services

This is set out in Article 14 for day care.

Explanation

A person/provider is not required to register as a day care provider if the care they provide to a child is given as part of a care home service, a residential family centre service, a secure accommodation service or a special school residential service, registered under the Regulation and Inspection of Social Care (Wales) Act 2016.

A person/provider is not required to register as a day care provider if the care is provided to a child patient in a hospital.

This applies whether the care is provided directly by the service provider or by someone they employ.

For further details, see How to use this guidance for the 2026 Exceptions Order.

Examples

Care home service

A child lives in a children’s home registered by a service provider under Part 1 of the 2016 Act. Care and support are provided by the home’s staff as part of its operation. The service provider is not required to register as a day care provider because the care is part of a regulated care home service.

Residential family centre

A residential family centre provides accommodation and support to families. Staff provide incidental care for children living at the centre as part of the regulated service that supports the family as a whole; therefore, the service provider is not required to register as a day care provider.

Secure accommodation

A child is placed in a registered secure accommodation service. Care and supervision are provided by staff as part of that regulated service; therefore, the service provider is not required to register as a day care provider.

Special school residential service

A child stays between 1 and 4 school nights a week at a special school residential service. Care and support are provided by staff as part the regulated service; therefore, the service provider is not required to register as a day care provider.

Hospital care

A child is receiving treatment in hospital as a patient. Nursing and support staff also provide care for the child as part of the hospital’s primary activity. The provider is not required to register as a day care provider because the care is provided to a patient as part of their hospital healthcare.

Provision of care at a school

This is set out in Article 16 for day care.

Explanation

A person/provider is not required to register as a day care provider if they are caring for children aged 3 and over at a school and the care provided is incidental to the provision of the education.

’Incidental’ refers to care that arises naturally from a school's provision of education, such as supervising a child and supporting their wellbeing during school activities. Care may include routine, non-intimate personal care for a young child, such as helping with general hygiene and presentation, helping put on outer clothing, or prompting the child to manage their own personal care. It does not include changing nappies or assisting with toileting. The care is provided as part of the school's normal operation.

For further details, see How to use this guidance for the 2026 Exceptions Order.

Examples

Care outside the school day

A school runs an after‑school childcare club for children aged 3 to 7 once lessons have finished for the day. They are not able to operate under this exception because this care is not provided during the school day and is not incidental to the provision of education.

Children aged 2 or under

A school offers early years education for children aged 2. The provision takes place on school premises and follows a structured timetable. The provider is required to register as a day care provider because the children attending have not attained the age of 3.

Coaching or tuition provision

This is set out in Article 17 for day care.

Explanation

A person/provider is not required to register as a day care provider if they provide coaching or tuition in 1 or 2 specified types of activity (sport, expressive and creative arts, educational support, and religious or cultural study), and any care provided is incidental to that activity.

This exception does not apply if:

• the children are 2 years old or under
• the children are aged 3 or 4 and any individual child of this age attends the coaching and tuition for more than 2 hours in a single day

‘Incidental care’ is care that is secondary to, and arises naturally from, the provision of coaching or tuition. The primary purpose of the session must be the delivery of coaching or tuition, and any care provided should be limited to what is reasonably necessary to enable a child to participate safely and effectively. This may include supervision during short drink/food breaks or responding to a minor first aid issue. Where a substantial part of the session involves supervising, occupying or caring for children independently of the coaching or tuition, the care is unlikely to be incidental and may instead constitute childcare.

‘Educational support’ includes support in the areas of learning and experience set out in section 3 (1) of the Curriculum and Assessment (Wales) Act 2021 – Expressive Arts, Health and Well-being, Humanities, Languages, Literacy and Communication, Mathematics and Numeracy, and Science and Technology.

For further details, see How to use this guidance for the 2026 Exceptions Order.

Examples

Multi activity coaching and tuition

A provider offers football and tennis coaching (sport), together with dance and singing tuition (expressive and creative arts). Children spend half of the session on each activity type. They are offering 2 of the specified types of activities (sport, and expressive and creative arts). They do not provide uncoached activities of any other type at any time during the session. The children attending are all aged 5 and above. The provider is not required to register as a day care provider.

Multi activity coaching and tuition

A provider offers sessions of more than 2 hours in painting tuition, Spanish language studies and badminton coaching. Each of these 3 activities falls under a different activity type (expressive and creative arts, cultural study and sport). The provider is required to register as a day care provider as this coaching and tuition covers more than 2 activity types.

Multi activity coaching and tuition

A provider offers gymnastics coaching for half of a 5-hour session. For the rest of the session, they provide a range of free play physical activities such as a bouncy castle and parachute games. The children watch films and read books at the beginning and end of the session. The children attending are all aged 5 and above. They are required to register as a day care provider as a range of activities in addition to coaching and tuition are being offered for more than 2 hours.

Multi activity coaching and tuition

A provider offers maths tuition, together with tuition in painting and drawing. They are offering 2 of the specified type of activities (educational support, and expressive and creative arts). Some of the children attending are aged 3 or 4 and they attend for more than 2 hours per day. The provider is required to register as a day care provider as the children aged 3 or 4 attend for more than 2 hours per day.

Multi activity coaching and tuition delivered in Welsh

A provider runs a Saturday club for children aged 5 to 11. The session lasts for 3 hours and includes tennis coaching and art tuition, delivered by specialist teachers. All instruction is delivered through the medium of Welsh. The provider is not required to register as a day care provider as they are offering coaching or tuition in 2 specified types of activity (sport and expressive and creative arts), and any care provided is incidental to those activities.

Uniformed group

A uniformed voluntary organisation meets at a community hall on one evening each week and runs separate sessions for different age groups (e.g. 4 to 7 and 7 to 10 years). Sessions last for 2 hours or less. Sessions are led by trained adult volunteer leaders and follow a structured youth development programme, including learning shared values and promises, developing skills through badge activities, and taking part in ceremonies and traditions. Any care provided is incidental to the delivery of the programme. The provider is not required to register as a day care provider because the provision is coaching and tuition in 2 specified types of activity (educational support and cultural study), any care is incidental and children aged four attend for 2 hours or less.

Uniformed group overnight camp

A uniformed group runs a weekend camp (with an overnight stay) for children aged 9 to 11. The programme is structured and led by trained adult leaders, and includes coaching and tuition in orienteering, outdoor skills, (sport) and guided team-building challenges (educational support). Any care provided is incidental to that coaching and tuition. The provider is not required to register as a day care provider because they are offering coaching and tuition in sport and educational support and all children attending are aged 9 or over.

Faith groups

A place of worship runs daily holiday clubs for children. Each session runs for a total of 3 hours and all children attending are aged 5 and older. They read from their holy book, practice for a play retelling a religious story and do art based around their faith. The provider is not required to register as a day care provider as all activities involve tuition from 1 specified activity (religious study) and all children attending are aged 5 and over.

Coaching or tuition for children aged 3 and 4

A provider offers a structured dance class for children aged 3 and 4 at a community venue. The session lasts for 90 minutes and involves coached activities led by an instructor. There are 3 sessions run over a day, and each child attends a maximum of 1 session a day. Any care provided is incidental to the coaching. The provider is not required to register as a day care provider because the children are aged 3 or 4 and individual children do not attend for more than 2 hours in a single day.

Group tuition for home educated children

Four times a week, a provider offers educational support sessions for a group of home educated children at a community venue. The children are all aged 5 to 10. Each child attends for 2 days per week. The sessions last for 6 hours and are led by a tutor who provides structured teaching throughout. As in a school, the children have short breaks to have snacks, lunch and playtime. Any care provided is incidental to the tuition. The provider is not required to register as a day care provider because the provision is coaching or tuition, covers one specified type of activity ‘educational support’, and all children attending are aged 5 or over. However, providers should note that separate legal requirements may apply in relation to provision of education to home educated children or independent school registration. Providers should refer to the Elective Home Education guidance and Independent schools registration: guidance for further information.

Multi-activity holiday club  

A provider runs a holiday club for children aged 5 to 11. The session lasts for 4 hours and includes free play, board games, crafts, outdoor play and a film. Staff supervise children for safety and well-being, but they do not provide structured teaching, coaching or tuition in any activity. The provider is required to register as a day care provider as they are not offering coaching and tuition and they are operating for more than 2 hours per day.

Educational support 

A provider runs a Saturday study club for children aged 5 to 7. Each session lasts for 3 hours and is led by a tutor who provides structured educational support in mathematics. Children can have a short, supervised break for a snack, and any care provided is incidental to the tuition. The provider is not required to register as a day care provider because the provision is coaching or tuition in one specified type of activity (educational support), any care is incidental, and the children are aged 5 or over.

Cultural studies

A community organisation runs a cultural study group for children aged 5 to 11. The session lasts for 3 hours and includes structured tuition in cultural history, traditions and the community language. Children also take part in art, music or storytelling activities linked to that learning. Any care provided is incidental to the tuition. The provider is not required to register as a day care provider because the provision is coaching or tuition in no more than 2 specified types of activity (cultural study), and all children attending are aged 5 or over.

Youth services

This is set out in Article 18 for day care.

Explanation

A person/provider is not required to register as a day care provider if all children attending are at least age eleven, any care provided is incidental to the provision of the youth service and there is nominal or no payment for the service.

In this context, ‘youth service’ means activities that encourage, enable or assist children aged eleven and over to participate effectively in leisure and recreational activities, education and training, or the life of their communities.

‘Incidental’ means any care is secondary to providing the youth work activity. The purpose and focus of the session must be the youth service activity, and any care should be limited to what is reasonably needed to supervise and support the session safely (for example, supervision whilst attendees consume a short drink/snack break or dealing with a minor first aid issue).

‘Nominal payment’ means a contribution towards reasonable cost recovery.

For further details, see How to use this guidance for the 2026 Exceptions Order.

Examples

Youth club

An organisation runs a youth club for young people aged 11 to 16 at a community centre. The sessions focus on social activities, group discussions and games, with youth support workers supervising and supporting the young people. No fee is charged to attend. The provider is not required to register as a day care provider because the service is a youth service and any care provided is incidental to youth service activity.

Community youth group 

An organisation runs a weekly youth group for children aged 11 and 12, offering recreational activities and skills workshops. A small fee is charged. The provider is not required to register as a day care provider because the activity is a youth service for children aged eleven and over, no care is provided and only a nominal payment is required.

After-school club charging more than a nominal fee

A provider runs an after-school club for children aged 11 to 14 and charges £15 per session. Each session runs for 2 and a half hours. While the sessions include some games and group activities, the main purpose is to provide supervised care between the end of the school day and parents collecting their children. Because the fee is more than nominal, care isn’t incidental and children aged twelve and under attend, the provider is required to register.

Transitional youth services

This is set out in Article 19 for day care.

Explanation

A person/provider does not need to register if they offer a transitional youth service for children aged 10 or 11, where any care given is incidental to the provision of the transitional youth services. These are services that support children’s educational, personal and social development during their transition from primary to secondary school age, and where no fee or only a nominal fee is charged.

For further details, see How to use this guidance for the 2026 Exceptions Order.

Examples

School transition programme

A youth service provider delivers a short programme for children aged 10 and 11 during the summer term, helping them prepare for secondary school. Activities include group discussions, team‑building exercises and learning about the secondary school environment. A small charge is applied. The provider is not required to register as a day care provider because the service supports educational, personal and social development of 10 and 11-year-olds during transition and only a nominal payment is required.

Transition to youth service group

A youth service provider runs a weekly group for children aged 10 and 11 to introduce them to activities available through the youth service once they turn 11. No fee is charged, and any care provided is incidental to the support being delivered. The provider is not required to register as a day care provider because this is a transitional youth service and all attendees are aged 10 or 11.

Childcare workers

This is set out in Article 20 for day care.

Explanation

Childcare workers are not required to register if they are employed by a registered day care provider.

The registered day care provider would need to follow guidance in the National Minimum Standards for regulated childcare relating to the conditions under which childcare workers can be left in charge of children.

For further details, see How to use this guidance for the 2026 Exceptions Order.

Examples

Childcare worker employed at a nursery

A nursery employs childcare workers to care for children. The childcare workers themselves are not required to register as day care providers as they are working under the employer’s direction and their employer is registered as a day care provider in their own right.

Childcare worker providing babysitting outside their nursery role

A childcare worker is employed by a nursery that is registered to provide day care. In the evenings and at weekends, the childcare worker also offers paid babysitting to families in children’s own homes or in hotels. While their nursery work is covered by the nursery’s registration, the babysitting is separate and not included under that registration. They would therefore not be able to operate under this exception to provide the babysitting element outside of their employment.

Childcare worker operating a provision outside their nursery role

A childcare worker is employed by a nursery that is registered to provide day care. The childcare worker also runs a completely separate day care service offering care to children aged 3 to 12 for up to 8 hours whilst their parents work at weekends. The childcare worker’s nursery work is covered by the nursery’s registration. The weekend day care is separate from their employment and is not carried out under the nursery’s registration and they would not be able to operate under this exception. 

As a person/provider working with children, you have a responsibility for safeguarding children.

Safeguarding means: 

• keeping people safe from abuse, neglect or harm
• knowing what to do if you think someone is at risk

Knowing what to do, when to do it and how to do it, makes a real difference to people’s lives. Abuse, neglect, and harm can have a devastating effect on individuals and can lead to significant impacts and trauma on the individual and on family members or wider. This is why having good safeguarding processes in place can help protect children and adults/individuals. For those not registered with Care Inspectorate Wales, the Welsh Government expects individuals, groups or organisations offering activities or services for children to follow advice within the Working together to safeguard people: code of safeguarding practice. This will help demonstrate that reasonable arrangements are in place to ensure the safety of children.

These arrangements include having a child protection policy, a designated safeguarding lead, information for parents/carers, safe recruitment and employment practices (e.g. qualifications, identity, reference checks and DBS checks) and appropriate training, supervision and support for staff/volunteers.

An exception from registration with Care Inspectorate Wales does not remove your responsibility to safeguard children. Safeguarding arrangements should be proportionate to the activity being provided and the level of contact with children, but should always include clear steps for identifying, responding to and reporting concerns. Children should know who they can speak to if they feel unsafe or worried, and parents and carers should be given clear information about the safeguarding arrangements in place. DBS checks, where appropriate, should form part of wider safer recruitment, supervision and safeguarding practice and should not be relied upon as the only safeguard.

Regulated activity is work that a barred person must not do. The legal definition of regulated activity with children should be understood as encompassing certain roles, activities and positions that involve regular and close contact with children and therefore qualify for an Enhanced DBS check with a Children's Barred List check. These include specified unsupervised activities with children and work in particular establishments such as schools, childcare and children's services settings. The eligibility criteria apply regardless of whether the individual is employed or volunteering and are based on the duties of the role.

There are 6 regional safeguarding boards across Wales who can provide information and advice, including about free local training opportunities and how to report and record any concerns.

If you know or suspect that a child is experiencing, has experienced, or is at risk of abuse, neglect or harm, report it to your local authority social services. Details can be found on the respective local authority’s website.

If a child could be at immediate risk of harm, you should contact the emergency services using 999 without delay. If you wish to report a concern or incident where there is no immediate risk of harm, contact the emergency services using 101. In both circumstances, you should also report the concern to local authority social services.

Further detail can be found on the Wales Safeguarding Procedures platform, which can provide you with resources and training on safeguarding and the All Wales Practice Guides that will assist you in understanding signs and symptoms of abuse, neglect and other forms of harm and signpost you to other sources of guidance and support.