Day-Care Nurseries Law

An introduction to our Day-Care Nursery law services

 Can take shape in various forms, day nursery, pre-school or before & after school club.  Whatever the format it is normally a legal requirement for a day care business to register with The Office for Standards in Education, Children’s Services and Skills or Ofsted.

Day care nurseries are subject specifically to The Childcare Act 2006, The Statutory Framework for Early Years  Foundation Stage, The Childcare(Early Years Register) Regulations 2008 and The Childcare (General Childcare  Register) Regulations 2008. Not surprisingly you may well need our help in setting up, running and eventually selling a day care business!

  • We can help you in the conveyancing process in acquiring suitable premises which comply with Ofsted and Planning requirements.
  • Assistance with D1 Use Class, leasehold and freehold acquisitions
  • Commercial leases of day care premises and obtaining further premises to cope with 30 hours requirements
  • We can help with Regulatory Matters for the Ofsted Registration process and preparing for your registration visit as the Nominated Person for Ofsted
  • We can help where Ofsted refuse impose or vary conditions or cancel/suspend registration and applications by you to vary conditions
  • We have experience of freeholds being put into SIPPs with a lease being granted to the day care business
  • We have experience of the asset sale and purchase of the business a day care nursery where particular care needs to be had re the staff and TUPE requirements and the Manager (and their deputy|). The Manager is a key person to engage with the acquisition process
  • Staff issues and contracts along with employment matters

 

*Did you know that Ofsted has a protocol with building control departments and will inform them where there is a change of use of the premises. Whilst Building control departments will inform Ofsted of unregistered childminding

* Does your  premises allow you to cope with space requirements under the 30 hour regime which is coming in 2017? Why not contact us to review your lease now as it may take time to alter your lease documentation see Commercial leases

 

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FAQs for Day Care Law

Can I sell under a GDS contract?

If you have a GDS contract you can sell by use of the partnership route under the GDS contract

Do I need to take care when incorporating?

Care needs to be taken re practice incorporation and where you have a GDS contract in your individual name-talk to us first

Should I negotiate for sub-letting?

Dental Practice leases should allow the easy sub-letting or sharing of the Practice Premises to allow for other healthcare professionals

How can I future-proof my lease?

Negotiate for your lease to allow structural alteration to future-proof for changes in legislation and regulation like HTM 01-05

Are all locums self-employed?

Not all locums and associates are self-employed! Whether they are is a question of fact. The more they look like an employee with regular hours and obligations then the more likely they are!

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