Daycare Contract (UK)
This Daycare Contract (the “Agreement”) is made on [Agreement Date] between:
[Parent Name], of [Parent Address], [Parent City], [Parent Postcode] (hereinafter referred to as the “Parent”); and
[Provider Name], of [Provider Address], [Provider City], [Provider Postcode], Ofsted Registration Number: [Ofsted Reg Number], managed by [Manager Name] (hereinafter referred to as the “Provider”).
The Parent and the Provider are collectively referred to as the “Parties”.
BACKGROUND
The Parent wishes to enrol the child described below at the Provider’s daycare setting, and the Provider agrees to provide early years childcare and education on the terms and conditions set out in this Agreement, in compliance with the Childcare Act 2006, the Early Years Foundation Stage (EYFS) statutory framework, and all applicable safeguarding legislation.
1. CHILD’S DETAILS
1.1 The child to be enrolled under this Agreement is:
Full name: [Child Name]
Date of birth: [Child Date of Birth]
1.2 Known health conditions, allergies, or dietary requirements: [Child Health Info].
1.3 Emergency contact if the Parent cannot be reached: [Emergency Contact Name] ([Emergency Contact Relationship]), Tel: [Emergency Contact Phone]. The Parent confirms that this person is authorised to collect the child and to consent to emergency medical treatment on the child’s behalf if the Parent cannot be reached.
2. REGISTRATION AND STATUTORY COMPLIANCE
2.1 The Provider is registered with Ofsted under the Childcare Act 2006 on the Early Years Register. The Provider’s Ofsted registration number is [Ofsted Reg Number]. The Provider shall maintain this registration throughout the duration of this Agreement and shall notify the Parent immediately if the registration is suspended, cancelled, or otherwise affected.
2.2 The Provider shall deliver the Early Years Foundation Stage (EYFS) statutory framework in accordance with the Childcare Act 2006 and shall meet all learning, development, and welfare requirements set out in the EYFS. The Provider shall maintain a suitably qualified and experienced workforce and ensure that staff-to-child ratios comply with the EYFS requirements at all times.
2.3 All staff employed by the Provider who have regular contact with children shall hold an enhanced Disclosure and Barring Service (DBS) check, as required by the Safeguarding Vulnerable Groups Act 2006. The Provider shall not permit any person on the children’s or adults’ barred list to work in a regulated activity with children.
2.4 The Provider shall comply with the Equality Act 2010 and shall not discriminate against any child on the grounds of age, disability, gender reassignment, race, religion or belief, sex, or sexual orientation. The Provider shall make reasonable adjustments to ensure that children with disabilities or special educational needs can access the setting.
3. CHILDCARE AND EARLY EDUCATION SERVICES
3.1 The Provider shall provide daycare and early education services for [Child Name] (the “Child”) at the Provider’s premises at [Provider Address], [Provider City], [Provider Postcode], commencing on [Start Date].
3.2 The Child’s regular attendance pattern is as follows: [Sessions Description].
3.3 The Provider shall deliver learning and development opportunities in accordance with the EYFS framework, covering the seven areas of learning: communication and language, physical development, personal social and emotional development, literacy, mathematics, understanding the world, and expressive arts and design.
3.4 The Provider shall carry out regular observations and assessments of the Child’s development, maintain a learning journal, complete the Two-Year-Old Progress Check where applicable, and share progress reports with the Parent at least termly.
3.5 Meals and snacks: [Meals Arrangement]. Where the Provider supplies meals, menus shall reflect current nutritional guidelines and accommodate the Child’s documented allergies and dietary requirements.
3.6 The Provider shall not administer any medication to the Child without the prior written consent of the Parent, except in a genuine medical emergency. Prescribed medicines shall only be administered if they have been prescribed by a doctor, dentist, nurse, or pharmacist and are in the original container with the prescribing label clearly visible.
4. FEES AND PAYMENT
4.1 The fee for each session is £[Session Fee] [Fee Frequency].
4.2 Fees are payable [Payment Frequency] by [Payment Method].
4.3 A non-refundable registration fee of £[Registration Fee] is payable on acceptance of the Child’s place.
4.4 If the Child is collected after the agreed session end time, an additional late collection charge of £[Late Collection Fee] per 15 minutes or part thereof shall be payable by the Parent.
4.5 Fees are payable in full whether or not the Child attends on any booked session day, including days when the Child is absent due to illness or the Parent’s choice, unless the Provider has agreed to waive the fee in writing.
4.6 The Provider reserves the right to review fees annually and shall give the Parent not less than one month’s written notice of any increase.
4.7 Where the Parent is using Tax-Free Childcare, employer childcare vouchers, or any other childcare funding scheme, it is the Parent’s responsibility to ensure that payments are made on time and in full.
5. ILLNESS AND EXCLUSION PERIODS
5.1 The Parent shall not bring a sick child to the daycare setting. The Parent shall notify the Provider by the start of the session if the Child is too unwell to attend.
5.2 The Provider follows the UK Health Security Agency (UKHSA) guidance on exclusion periods for infectious diseases. A child with vomiting or diarrhoea must not attend the setting until 48 hours after the last episode. The Provider reserves the right to refuse admission to a child who is displaying symptoms of an infectious condition.
5.3 If the Child becomes unwell while at the setting, the Provider shall contact the Parent immediately. The Parent shall collect the Child within a reasonable time, and in any event within one hour of being notified.
6. SAFEGUARDING AND CHILD PROTECTION
6.1 The Provider has a statutory duty to safeguard and promote the welfare of all children in its care, in accordance with the Children Act 1989, the Children Act 2004, and the EYFS welfare requirements. The Provider has a designated safeguarding lead and follows the procedures set out in the statutory guidance ‘Working Together to Safeguard Children’ and ‘Keeping Children Safe in Education’.
6.2 The Provider is required to report any safeguarding concerns to the relevant local authority children’s social care team or to the police. This duty overrides any confidentiality obligations owed to the Parent under this Agreement.
6.3 The Parent acknowledges that the Provider operates a safeguarding policy, a behaviour management policy, and a complaints procedure. Copies of these policies are available on request and are displayed at the setting.
6.4 The Provider shall maintain a record of all accidents, incidents, and pre-existing injuries in accordance with Ofsted requirements and the EYFS, and shall notify the Parent of any accident or incident involving the Child on the same day.
7. STAFFING AND RATIOS
7.1 The Provider shall ensure that staff-to-child ratios comply with the EYFS statutory requirements at all times. For children under two, the ratio shall be no more than 1:3. For children aged two, the ratio shall be no more than 1:4. For children aged three and over (where a member of staff holds a relevant level 6 qualification), the ratio shall be no more than 1:13; otherwise, 1:8.
7.2 All staff working directly with children shall hold a relevant early years qualification as required by the EYFS, and at least one member of staff present at all times shall hold a current paediatric first aid certificate.
8. PARENTAL CONSENTS
8.1 By signing this Agreement, the Parent gives the following consents:
- to seek emergency medical treatment for the Child where considered necessary and the Parent cannot be contacted promptly;
- to take the Child on local outings and trips as part of the nursery programme (separate written consent will be obtained for any major excursions);
- to apply sun cream (supplied by the Parent or the Provider) during outdoor play;
- to take and use photographs of the Child for the Child’s learning journal and the Provider’s internal records, in compliance with the UK GDPR and the Data Protection Act 2018. Photographs shall not be published on social media or shared externally without the Parent’s separate written consent.
8.2 The Parent shall keep the Provider informed of any changes to the Child’s health, dietary requirements, or family circumstances that may affect the Child’s care.
9. DATA PROTECTION
9.1 The Provider will collect and process personal data about the Child, the Parent, and the emergency contact for the purpose of providing childcare services, maintaining EYFS records, meeting safeguarding obligations, and complying with Ofsted’s record-keeping requirements. All personal data will be handled in accordance with the UK GDPR and the Data Protection Act 2018.
9.2 The Provider’s privacy notice explains how personal data is collected, stored, and shared. A copy of the privacy notice is available on request.
10. TERMINATION
10.1 Either Party may terminate this Agreement by giving not less than [Notice Period Weeks] weeks’ written notice to the other Party. Notice shall be given in writing by email or post.
10.2 The Provider may terminate this Agreement with immediate effect in the event of persistent non-payment of fees, behaviour by the Parent that is threatening or abusive to staff or other families, or any other serious breach of this Agreement.
10.3 The Parent may terminate this Agreement with immediate effect if the Provider’s Ofsted registration is suspended or cancelled, or if the Provider fails to maintain the required DBS clearances for its staff.
10.4 Fees remain payable in full during the notice period, whether or not the Child attends the setting.
11. GOVERNING LAW AND JURISDICTION
11.1 This Agreement shall be governed by and construed in accordance with the law of England and Wales, and the Parties submit to the exclusive jurisdiction of the courts of England and Wales.
12. GENERAL
12.1 This Agreement constitutes the entire agreement between the Parties relating to the daycare placement and supersedes all prior discussions.
12.2 No variation of this Agreement shall be effective unless made in writing and signed by both Parties.
12.3 A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
IN WITNESS WHEREOF, the Parties have entered into this Daycare Contract on the date first written above.
PARENT / GUARDIAN
Full name: [Parent Name]
Address: [Parent Address], [Parent City], [Parent Postcode]
Telephone: [Parent Phone]
Email: [Parent Email]
DAYCARE PROVIDER
Provider name: [Provider Name]
Address: [Provider Address], [Provider City], [Provider Postcode]
Ofsted Registration Number: [Ofsted Reg Number]
Signed by: [Manager Name] (Nursery Manager)
Telephone: [Provider Phone]
Parent / Guardian
________________
Signature
Date: ________________
Daycare Provider
________________
Signature
Date: ________________
What Is a Daycare Contract (UK)?
A Daycare Contract in the United Kingdom sets the services to be provided, the fees, the timetable, and each side's responsibilities for the engagement, with its requirements set by the Childcare Act 2006.
Daycare provision in England is one of the most heavily regulated sectors. Under the Childcare Act 2006, any person or organisation providing early years childcare on non-domestic premises for children under eight, for more than two hours in any day, must register with Ofsted on the Early Years Register. Providing childcare without registration where it is required is a criminal offence under section 33 of the Act. Ofsted inspects registered providers and publishes inspection reports that grade the setting as Outstanding, Good, Requires Improvement, or Inadequate. A written daycare contract provides a transparent record of the terms agreed between the parent and the provider and confirms both parties understand their responsibilities.
The Early Years Foundation Stage (EYFS) statutory framework, issued under the Childcare Act 2006, is mandatory for all registered early years providers in England. The EYFS sets standards for learning, development, and care for children from birth to age five. It covers seven areas of learning and development: communication and language, physical development, personal social and emotional development, literacy, mathematics, understanding the world, and expressive arts and design. The framework also sets welfare requirements covering safeguarding, staff qualifications, staff-to-child ratios, the suitability of premises, and the management of medicines and accidents. Compliance with the EYFS is assessed at Ofsted inspection.
Safeguarding is central to daycare provision. Under the Children Act 1989 and the Children Act 2004, daycare providers must safeguard and promote the welfare of every child in their care. The EYFS requires providers to have a designated safeguarding lead, to follow the procedures in the statutory guidance 'Working Together to Safeguard Children', and to report any concerns about a child's welfare to the local authority children's social care. The Safeguarding Vulnerable Groups Act 2006 requires all staff in regulated childcare activity to hold an enhanced DBS check, including a check against the children's barred list. It is a criminal offence for a barred person to work in regulated activity with children.
The Equality Act 2010 applies to daycare providers and prohibits discrimination on the grounds of age, disability, gender reassignment, race, religion or belief, sex, or sexual orientation. Providers must make reasonable adjustments to confirm that children with disabilities or special educational needs and disabilities (SEND) can access the setting. The SEND Code of Practice 2015 sets out the duties of early years providers in identifying and supporting children with SEND.
The Consumer Rights Act 2015 applies to daycare services where the provider is acting as a trader. Section 49 implies a term that the service will be performed with reasonable care and skill. Any contractual term that creates a significant imbalance in the parties' rights and obligations to the detriment of the consumer parent may be assessed for fairness under Part 2 of the Act. Liability for death or personal injury caused by negligence cannot be excluded.
When Do You Need a Daycare Contract (UK)?
A written Daycare Contract should be signed before a child begins attending a daycare setting. There are many circumstances in which a formal contract is particularly important.
When a parent is returning to work after maternity, paternity, or shared parental leave and needs to enrol their child at a nursery, pre-school, or day nursery. The contract establishes the attendance pattern, the fees, and the arrangements for funded hours, giving both the parent and the provider certainty about the placement.
When a child becomes eligible for government-funded early education hours at age two, three, or four. A daycare contract should clearly document the number of funded hours, the weeks over which they are spread, and any additional fees charged for hours or services beyond the funded entitlement, in accordance with the Department for Education's statutory guidance.
When a child has known health conditions, allergies, or special educational needs that require the daycare setting to make specific adjustments or to administer medication. The contract documents these requirements and records the parent's consent for emergency medical treatment and any other agreed arrangements.
When the parent wishes to clarify what is included in the fee, such as meals, nappies, sun cream, and outings, and what is charged as an extra. Without a written agreement, misunderstandings about charges are common.
When a parent is using Tax-Free Childcare, employer childcare vouchers, or other funding arrangements that require a formal record of the childcare arrangement for tax or employer verification purposes.
When the daycare provider needs to collect and process personal data about the child and family for EYFS records, safeguarding purposes, and Ofsted compliance. The Data Protection Act 2018 and the UK GDPR require the provider to have a lawful basis for processing this data, and a signed contract forms part of this basis.
What to Include in Your Daycare Contract (UK)
Parties and Child Details -- Identify the parent or guardian and the daycare provider by their full legal names, addresses, and contact details. Record the provider's Ofsted registration number and the name of the nursery manager. Document the child's full name, date of birth, known health conditions, allergies, dietary requirements, and medications. Provide the emergency contact details of a person authorised to collect the child and consent to emergency medical treatment.
Ofsted Registration and EYFS Compliance -- Confirm the provider's Ofsted registration number and their obligation to maintain registration throughout the term of the agreement. State that the provider will deliver the EYFS framework, maintain qualified staff, comply with staffing ratios, and keep learning journals and progress records for each child.
DBS and Safeguarding -- Confirm that all staff hold enhanced DBS checks as required by the Safeguarding Vulnerable Groups Act 2006. State the provider's safeguarding obligations under the Children Act 1989, the Children Act 2004, and the EYFS. Confirm that safeguarding duties override contractual confidentiality.
Attendance Schedule -- Specify the days and session times the child will attend, including whether the placement is full-time, part-time, term-time only, or year-round. A precise schedule prevents disputes about which sessions are booked and chargeable.
Government-Funded Hours -- Where applicable, record the number of funded hours per week, the number of funded weeks per year, and the basis on which the funded hours are delivered. Confirm that the provider may not charge for the funded hours themselves.
Fees and Payment -- State the session fee clearly, the payment frequency (weekly, monthly, or termly in advance), the accepted payment methods, the late collection charge, and any registration or deposit fee. Confirm whether fees are payable during the child's absence due to illness or the parent's choice. State the annual fee review mechanism.
Meals and Snacks -- Specify whether meals are provided by the nursery (included in the fee or at an additional charge) or by the parent. Document the child's dietary requirements and allergy management plan.
Parental Consents -- Obtain written consent for emergency medical treatment, local outings, sun cream application, and photography for the learning journal. Confirm that photos will not be shared on social media without separate consent.
Staffing Ratios -- State the EYFS mandatory ratios (1:3 for under-twos, 1:4 for two-year-olds, 1:8 or 1:13 for three and over). Confirm that at least one staff member holds a current paediatric first aid certificate.
Notice Period and Termination -- Specify the weeks of written notice required by either party to end the placement. Include grounds for immediate termination. Confirm that fees are payable during the notice period.
Additional compliance elements for a Daycare Contract (UK) used in United Kingdom include: Under UK law, the UK GDPR and Data Protection Act 2018 govern personal data in this document. The Consumer Rights Act 2015 protects individuals in consumer transactions. Section 62 of the Consumer Rights Act 2015 addresses unfair terms. The County Court and High Court of Justice have jurisdiction over personal disputes under the Senior Courts Act 1981 and the County Courts Act 1984. The Information Commissioner's Office (ICO) enforces data protection. Forms-legal.com provides this template as a starting point for United Kingdom-compliant documentation.
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Forms Legal. (2026). Daycare Contract (UK) (United Kingdom) [Legal document template]. Forms Legal. https://forms-legal.com/uk/personal/family/daycare-contract-uk
"Daycare Contract (UK) (United Kingdom)." Forms Legal, 2026, https://forms-legal.com/uk/personal/family/daycare-contract-uk.
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title = {Daycare Contract (UK) (United Kingdom)},
year = {2026},
howpublished = {\url{https://forms-legal.com/uk/personal/family/daycare-contract-uk}},
note = {Free legal document template. Based on Consumer Rights Act 2015}
}Also available for these jurisdictions:
Frequently Asked Questions
Yes. Under the Childcare Act 2006, any person or organisation that provides early years childcare for children under the age of eight, on non-domestic premises, for more than two hours in any day, must register with Ofsted on the Early Years Register. Operating without registration where it is required is a criminal offence under section 33 of the Act. Ofsted conducts regular inspections of registered daycare providers and assesses the quality of care, the effectiveness of leadership, the implementation of the EYFS framework, and compliance with safeguarding requirements. Inspection reports are published on the Ofsted website and parents should check a provider's current rating (Outstanding, Good, Requires Improvement, or Inadequate) before entering into a daycare contract. A provider whose registration is suspended or cancelled must cease to provide childcare immediately.
Daycare providers in England have extensive safeguarding obligations under multiple pieces of legislation. The Children Act 1989 and the Children Act 2004 impose a duty on all persons working with children to safeguard and promote their welfare. The EYFS statutory framework requires every registered provider to have a designated safeguarding lead, to follow the procedures in the statutory guidance 'Working Together to Safeguard Children', and to report any concerns about a child's welfare to the local authority children's social care. The Safeguarding Vulnerable Groups Act 2006 requires that all staff in regulated activity with children hold an enhanced DBS check and are not on the children's or adults' barred list. The Equality Act 2010 prohibits discrimination and requires providers to make reasonable adjustments for children with disabilities. These safeguarding duties override any contractual confidentiality and cannot be excluded by agreement between the parties.
The government provides free early education funding for eligible children in England. All three and four-year-olds are entitled to 15 hours of free early education per week for 38 weeks per year (570 hours per year). Eligible three and four-year-olds (where both parents work or a single parent works, and each earns at least the equivalent of 16 hours per week at the National Living Wage) are entitled to 30 hours per week. Some two-year-olds from disadvantaged backgrounds are also entitled to 15 hours. The hours can be taken over 38 weeks (term time) or stretched over up to 52 weeks. Under the Department for Education's statutory guidance, providers must not charge for the funded hours themselves, but may charge for additional hours, meals, consumables, and genuinely optional extras. Parents should sign a funding declaration form each term, and the provider claims the funding directly from the local authority.
The EYFS statutory framework sets mandatory staff-to-child ratios for registered early years providers in England. For children under the age of two, the ratio is 1:3 (one qualified member of staff for every three children). For children aged two, the ratio is 1:4. For children aged three and over in a nursery setting, the ratio is 1:8, or 1:13 where a member of staff holds a relevant level 6 qualification and leads the session. At least one member of staff on duty at all times must hold a current paediatric first aid certificate. These ratios are minimum requirements and providers may maintain higher ratios to deliver a better quality of care. Ofsted monitors compliance with these ratios at inspection and a provider that persistently fails to meet the required ratios may face enforcement action or have its registration suspended.
Yes, in most cases. A daycare contract is a contract for services and the provider is generally entitled to charge fees for all booked sessions whether or not the child attends, unless the contract provides otherwise. The provider has reserved the place, maintained staffing levels, and incurred costs regardless of the child's attendance. The Consumer Rights Act 2015 requires that any such term must be transparent, prominently drawn to the parent's attention, and must not create a significant imbalance in the parties' rights and obligations to the detriment of the consumer parent. A term that charges full fees for absence is standard in the daycare industry and is generally considered fair, provided the parent is clearly informed before signing. Some nurseries offer a discretionary sick day allowance or credit for extended illness, which should be documented in the contract if applicable.
The notice period required to terminate a daycare agreement is a matter for the parties to agree and should be specified clearly in the written contract. Most daycare nurseries in England require four weeks' written notice to withdraw a child or to reduce the number of booked sessions. Some providers require a full term's notice, particularly for fee-paying places at popular settings with long waiting lists. Fees remain payable in full during the notice period, whether or not the child attends. Either party may also be entitled to terminate immediately in the event of a serious breach, such as persistent non-payment of fees by the parent or loss of Ofsted registration by the provider. The Consumer Rights Act 2015 requires that the notice and termination terms be fair, transparent, and not create a significant imbalance in the parties' rights.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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