Ofsted May 2026 Newsletter: Early Years Compliance Updates Explained.

Understand the key early years compliance updates from Ofsted’s May 2026 newsletter, including inspections, SEND, safeguarding and childminder assistants.
May 31 / Kim Tupper EYFS Training Hub
Some of the updates are not new legal duties in themselves, but they do highlight important areas of compliance that providers should understand, review and be ready to evidence.
Inspection is now being judged through the renewed inspection framework:
• Holiday and wraparound providers need to understand how the framework applies to their provision
• Childminders must follow the correct process before an assistant can be counted in ratios
• SEND and inclusion remain central to Ofsted’s view of quality and compliance
• Providers need to think carefully about safe, ethical and transparent use of information, including AI where relevant
Here is what each relevant update means in practice.

1. Contracted Ofsted inspectors: why this matters to providers

One of the newsletter updates relates to Ofsted’s criteria for contracted inspectors working in early years, childcare and social care.
At first glance, this may look like an internal Ofsted staffing update. However, it gives providers a useful insight into the standards Ofsted now expects from those involved in inspection work.
Under the renewed inspection framework, Ofsted has updated how it considers inspection outcomes when deciding who can work as a contracted inspector.
For early years, this includes reference to the newer inspection language, such as safeguarding being “met” and the other evaluation areas being at “expected standard” or above.

What this means for early years providers

This reinforces the importance of understanding the new inspection language.
Providers now need to think more carefully about each area of practice and how consistently it meets the expected standard.
This includes:
• safeguarding
• leadership and governance
• curriculum and teaching where relevant
• inclusion
• children’s experiences
• how leaders know their provision is working
For providers, the compliance message is simple: do not wait until inspection to understand the renewed framework.
Leaders, managers and childminders should be familiar with the new terminology and able to talk confidently about their provision, using this terminology.

Compliance actions

Early years providers should:
• review the renewed Ofsted inspection toolkit
• make sure leaders understand the meaning of “expected standard”, “needs attention”, “urgent improvement”, “strong standard” and “exceptional”
• check that safeguarding practice is secure, because safeguarding is judged as “met” or “not met”
• carry out regular self-evaluation against the new inspection areas
• ensure staff can explain how their practice supports children to feel safe, belong, learn and thrive
This is not about preparing a performance for Ofsted.
It is about making sure everyday practice is strong, consistent and clearly understood.

2. Holiday providers and out-of-school settings: the renewed framework applies differently

Ofsted has published guidance explaining how the renewed inspection framework applies to holiday providers.
This is especially important for settings that operate during school holidays, provide wraparound care, or care for children before and after school.
The key point is that not every part of the EYFS learning and development requirements applies in the same way to every setting type.
For example, if a provider is registered on the Early Years Register but exclusively provides care at the beginning and end of the school day, or during holiday periods, Ofsted explains that the curriculum and teaching and achievement evaluation areas will not be inspected in the same way.
However, this does not mean that these providers have fewer responsibilities for children’s safety, wellbeing and inclusion.

What this means for early years and holiday providers

Holiday clubs and wraparound providers still need to show that children are safe, well cared for, included and supported.
Inspectors will want to understand the setting’s purpose and context. They may look at:
• how well staff know the children
• how activities and routines are chosen
• how children with SEND are supported
• how children are helped to stay safe and healthy
• how children’s views are listened to
• how children are included in the setting community
This is very important because holiday provision can sometimes be more flexible, short-term or ad hoc than full-day early years provision. Children may attend for only a few days or irregularly. That makes clear systems even more important.

Compliance actions

Holiday providers and wraparound settings should:
• be clear about the type of provision they offer
• understand which EYFS requirements apply to them
• keep safeguarding, welfare and suitability requirements fully up to date
• ensure staff understand children’s individual needs, including SEND, allergies, medical needs and safeguarding concerns
• maintain clear registration forms and emergency contact information
• ensure risk assessments reflect the activities offered
• evidence how children are included, listened to and supported
• prepare for the planning call by being ready to explain the setting’s context
Providers should also remember that even where formal curriculum evaluation is not applied in the same way, Ofsted will still consider the quality of children’s experiences. Holiday provision is not “just childcare”. It is still a regulated environment where children must be safe, included and well supported.

3. Registering a childminder assistant: approval must happen before they are counted in ratios

Ofsted’s newsletter also links to guidance on registering a childminder assistant.
This is a highly practical compliance issue for childminders.
A childminder assistant can be a valuable part of provision.
They may help a childminder offer more places, manage school runs, support routines, and provide greater flexibility.
However, the compliance rules must be followed carefully.
The key point is this: a childminder assistant must be deemed suitable by Ofsted before they can be counted in ratios or left in sole care of children.

What this means for childminders

As always, a childminder cannot simply start using another adult as an assistant and count them within staffing ratios.
Ofsted must be notified, and the assistant must complete the necessary process. This includes suitability checks, such as an enhanced DBS certificate with children’s barred list check for the child workforce. In some cases, additional checks may be needed, including local authority checks, overseas checks, certificates of good conduct or health information.
Childminders remain responsible for the work of their assistants. The assistant does not replace the childminder’s accountability.

Compliance actions

Childminders should:
• notify Ofsted or their childminder agency when they want to work with an assistant
• do this within the required timescale where a person aged 16 or over is living or working on the premises
• ensure the assistant completes the application process
• wait until Ofsted has confirmed suitability before counting the assistant in ratios
• keep evidence of suitability and approval
• carry out induction and safeguarding training
• make sure the assistant understands policies, procedures and emergency arrangements
• obtain parental permission if the assistant may be left in sole care of children
• supervise and monitor the assistant’s practice
This is an area where misunderstandings can create serious compliance risk. An assistant may be helpful, but they must be properly registered, checked and inducted before they are used as part of the legal ratio.

4. SEND and inclusion: still central to inspection and quality

The newsletter also includes an Area SEND update.
Although this is not aimed only at early years providers, it is still relevant.
Ofsted and the Care Quality Commission jointly inspect local area partnerships to look at how well services work together for children and young people with special educational needs and/or disabilities.
For early years providers, this is a reminder that SEND is not separate from quality.
Inclusion sits at the heart of good early years practice.

What this means for early years providers

Early years settings are often the first place where a child’s additional needs are noticed, supported and documented.
Providers must be able to show that they:
• identify emerging needs early
• work with parents and carers
• adapt provision
• seek advice where needed
• involve outside professionals
• support children’s communication, emotional regulation and participation
• keep clear records of concerns, support and progress
During inspection, Ofsted may consider how well children with SEND are supported, included and understood.
This applies across provision, including holiday and wraparound care.

Compliance actions

Providers should:
• review their SEND policy
• ensure the SENDCo role is clear
• check that staff know how to raise concerns
• use graduated approach documentation where appropriate
• keep evidence of parent partnership
• record referrals, professional advice and agreed strategies
• ensure children with SEND are included in routines, activities and transitions
• train staff to understand additional needs, communication differences and inclusive practice
SEND compliance is not just paperwork. It is about whether the child’s daily experience is safe, meaningful, inclusive and responsive.

5. Ethical research, information and AI: an emerging compliance consideration

Ofsted’s newsletter also notes that Ofsted has updated its ethical research policy to include the use of artificial intelligence in research.
For most early years providers, this may not feel like a direct compliance requirement.
However, it is increasingly relevant because many settings are beginning to use digital tools, AI writing support, online platforms, assessment systems and automated content.
The key message is that information about children, families and staff must be handled carefully, ethically and securely.

What this means for early years providers

If a provider uses digital tools or AI to help write policies, newsletters, observations, assessments or reports, leaders must think carefully about confidentiality and data protection.
Children’s personal information should never be entered into public AI tools unless the provider is completely satisfied that doing so is lawful, secure, necessary and covered by appropriate policies and permissions.
This is especially important where information includes:
• children’s names
• dates of birth
• safeguarding concerns
• SEND information
• medical information
• family circumstances
• photographs
• staff records
• complaints or allegations

Compliance actions

Providers should:
• review their data protection policy
• decide whether AI tools are permitted in the setting
• create clear rules for staff on what can and cannot be entered into AI systems
• avoid putting identifiable child or family information into open AI tools
• check privacy notices and consent arrangements
• ensure staff understand confidentiality expectations
• keep safeguarding records separate, secure and professionally managed
• make sure any digital system used for children’s records is appropriate and secure
AI can be helpful, but it must never weaken confidentiality, safeguarding or professional judgement.

6. What providers should do now

This newsletter is a useful reminder that compliance is not one single document or one inspection day. It is the way a setting operates every day.
The most important actions for early years providers are:
1. Review the renewed Ofsted inspection framework and toolkit.
2. Check that safeguarding is strong enough to be judged “met”.
3. Make sure holiday, wraparound and out-of-school provision understands how inspection applies to their context.
4. Ensure childminder assistants are properly notified, checked and approved before being counted in ratios.
5. Strengthen SEND and inclusion evidence.
6. Review data protection and confidentiality, especially if digital or AI tools are being used.
7. Keep policies, records and staff knowledge aligned with current EYFS requirements.

Final reflection

The May 2026 Ofsted newsletter may look simple on the surface, but it highlights several important compliance themes for early years.
• Inspection language has changed.
• Expectations around inclusion are clear.
• Childminder assistant registration must be handled correctly. • Holiday providers need to understand how the renewed framework applies to them.
• And digital practice, including AI, needs careful thought.

The message is to be prepared.
Strong compliance is not about creating folders for Ofsted.
It is about building safe, thoughtful, inclusive practice that can be seen in children’s everyday experiences.
When leaders understand their responsibilities, staff know what to do, and records reflect real practice, settings are in a much stronger position — not only for inspection, but for the children and families they serve every day.