
Rules and ethics
How care and childcare franchises register with Ofsted, CQC and the Care Inspectorate
Franchise opportunities in care and childcare need Ofsted, CQC, Care Inspectorate or national registration before trading. Here is what each regulator demands.
What to take away
- Franchise opportunities in care and childcare cannot trade until the relevant regulator has registered the provider, and in England that means Ofsted for childcare and the Care Quality Commission for regulated adult care.
- Scotland runs a separate system under the Care Inspectorate, while Wales and Northern Ireland have their own registers and their own application routes.
- Registration is granted to a legal entity and a named manager, not to a brand, so a franchisee usually needs their own registration even when the franchisor already holds one.
- Inspection history, manager qualifications and premises suitability are the three things every regulator examines before granting registration.
- Health and safety duties sit alongside registration and are enforced separately by the Health and Safety Executive or the relevant local authority.
Registration routes for care and childcare franchises across the UK
Care and childcare is not regulated by one body across the United Kingdom. Each nation has its own register, its own application form and its own inspection cycle. A franchisee in Manchester answers to a different regulator from a franchisee in Glasgow, and the paperwork does not transfer.
UK care regulators by nation
Nation
- England
- Ofsted
- Scotland
- Care Inspectorate
- Wales
- Care Inspectorate Wales
- Northern Ireland
- Health and Social Care Trusts
Childcare regulator
- England
- Care Quality Commission
- Scotland
- Care Inspectorate
- Wales
- Care Inspectorate Wales
- Northern Ireland
- RQIA
Adult care regulator
- England
- Scotland
- Wales
- Northern Ireland
The split runs along service type as well as geography. Childcare for children under eight is regulated separately from adult care in England, even though both sit under the same government department. That means a franchise network offering both services may need two registrations for the same building.
The table below sets out who regulates what, and where.
Registration routes across the UK
| Nation | Childcare regulator | Adult care regulator | Primary legislation |
|---|---|---|---|
| England | Ofsted | Care Quality Commission | Care Standards Act 2000 |
| Scotland | Care Inspectorate | Care Inspectorate | Regulation of Care (Scotland) Act 2001 |
| Wales | Care Inspectorate Wales | Care Inspectorate Wales | Care Standards Act 2000 |
| Northern Ireland | Health and Social Care Trusts | RQIA | Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 |
Scotland is the outlier in structure: one body covers childcare, adult care and social work services. England splits the two, which is why a franchisor expanding south of the border often needs a second compliance function.
Franchisors should map their estate against this table before signing any licence agreement. A territory plan that ignores the split will produce franchisees who cannot open on schedule.
Ofsted registration and inspection in England
Ofsted registers and inspects childcare providers in England, including nurseries, pre-schools, childminders and out-of-school clubs. Registration is compulsory for anyone caring for children under eight for more than two hours a day for reward. That definition catches most childcare franchise models.
The register has two parts. The Early Years Register covers children from birth to five and carries the full framework of learning and development requirements. The Childcare Register covers older children and is split into a compulsory and a voluntary part. A franchisee must know which part applies before applying, because the evidence they submit differs.
Applications go through the Ofsted online system. The applicant supplies details of the legal entity, the nominated individual, the premises, the proposed manager and the policies the setting will follow. Ofsted then carries out a registration visit, usually before the setting opens, and decides whether to grant registration.
Inspection follows a graded framework. Early years settings receive a judgement on overall effectiveness plus judgements on quality of education, behaviour and attitudes, personal development, and leadership and management. Grades run from outstanding to inadequate. A franchisee who inherits a weak grade inherits the improvement plan that comes with it.
Ofsted publishes inspection reports and registration details in a searchable public register, which means a franchise brand's reputation is only as strong as its weakest unit. Franchisors should treat that as a commercial risk, not just a compliance one. The regulator's own pages set out its remit and structure in more detail: Ofsted - GOV.UK.
For childcare specifically, the government's parenting hub collects the guidance a new provider needs on ratios, funding and safeguarding: Childcare and parenting - GOV.UK.
Care Quality Commission and the Care Standards Act 2000 in England
The Care Quality Commission regulates adult health and social care in England: care homes, domiciliary care agencies, supported living and some clinics. Registration is a legal requirement before a regulated activity begins, and providing one without registration is a criminal offence.
CQC registration in numbers
- 5key questions safe, effective, caring, responsive, well led
- 2000Care Standards Act establishes the framework
- 1registration per managed location
The statutory foundation is the Care Standards Act 2000, which created the regulatory architecture for care services in England and Wales and established the bodies that preceded the current regulators. Its text and schedules remain the reference point for what counts as a regulated activity: Care Standards Act 2000.
The CQC registers providers against five key questions: is the service safe, effective, caring, responsive and well led. Applicants must show how they will meet the fundamental standards. These cover person-centred care, dignity, consent, safe care and safeguarding, with staffing, premises and complaints handled in separate regulations.
A domiciliary care franchise is a common route into this sector, and it brings a specific wrinkle. The CQC registers the location from which care is managed, not each client's home. A franchisee running several branches may need several location registrations, each with its own nominated individual and registered manager.
Inspections are unannounced in many cases and produce ratings of outstanding, good, requires improvement or inadequate. Ratings are published and feed directly into local authority commissioning decisions, so a poor rating can cost a franchisee contracts as well as reputation.
Franchisors should note that CQC registration cannot be borrowed. A franchisee operating under a brand that already holds registration elsewhere still needs their own. The same principle runs through every nation covered here, and it is the single most common cause of delay in care franchise launches.
The Care Inspectorate and the Regulation of Care (Scotland) Act 2001
The Care Inspectorate regulates care services in Scotland, covering childcare, adult care, housing support and social work. Its powers come from the Regulation of Care (Scotland) Act 2001, which established the framework and the register that providers must join: Regulation of Care (Scotland) Act 2001.
Care Inspectorate quality indicators
- People's experiences
- Leadership
- Staff team
- Care and support
- Environment
- Play and learning
Registration is required for care services listed in the Act, including day care of children, care homes, and support services. Applications are submitted to the Care Inspectorate, which assesses the fit and proper status of the applicant, the suitability of the premises and the quality of the proposed service.
Scotland uses a quality framework built around six quality indicators: people's experiences, leadership, staff team, care and support, environment, and play and learning for children's services. Inspections produce gradings on a six point scale from unsatisfactory to excellent.
The Care Inspectorate also runs a complaints function and can impose conditions, vary registration or cancel it. That enforcement range matters to franchisors because a single failing unit can trigger scrutiny of how the wider network supports its services.
One structural difference from England: Scotland regulates childcare and adult care through one body, so a franchise network with mixed services deals with a single inspectorate. That reduces administrative duplication but concentrates risk, since one relationship covers everything.
Registration in Wales and Northern Ireland compared
Wales regulates care and childcare through Care Inspectorate Wales, working under the Care Standards Act 2000 and subsequent Welsh regulations. Providers register for the specific services they deliver, and inspection covers the same broad ground as England: quality of care, leadership, staffing and environment.
Wales and Northern Ireland registration
Nation
- Wales
- Care Inspectorate Wales
- Northern Ireland
- RQIA
Adult care
- Wales
- Care Inspectorate Wales
- Northern Ireland
- Health and Social Care Trusts
Childcare
- Wales
- Northern Ireland
Wales has its own quality framework and its own inspection reports, published in Welsh and English. A franchisee opening in Cardiff cannot rely on an English registration or an English inspection history. Childcare registration in Wales also sits with Care Inspectorate Wales rather than with an education standards body, which is a difference worth flagging to franchisees moving west.
Northern Ireland works differently again. Adult care is regulated by the Regulation and Quality Improvement Authority, which registers and inspects care homes, domiciliary care and independent health care. Childcare and early years provision is largely overseen through Health and Social Care Trusts, with registration and inspection carried out at trust level rather than by a single national agency.
The practical consequence is that Northern Ireland has no single equivalent to Ofsted for childcare. A franchisor entering the province needs to build relationships with individual trusts, and the timeline can vary between them.
For all four nations, the opening sequence is broadly similar: choose a legal structure, register the entity, recruit a qualified manager, then prepare the premises and submit the application. Our franchise entry checklist sets out that sequence from the operator role through to public permissions.
What each regulator demands before a franchise can trade
Regulators converge on a small set of requirements. The detail differs, the shape does not.
What regulators demand before trading
- Registered legal entity
- Named manager with qualifications
- Suitable premises
- Policies and procedures
- Financial and insurance evidence
A registered legal entity. The applicant must be a company, partnership or sole trader with a verifiable identity and, in most cases, a UK address. Companies House records are checked. Franchisors should ensure the franchisee's entity is incorporated before the application is submitted, not after.
A named manager. Every nation requires a person responsible for day to day care, and most require qualifications or experience for that role. In England, CQC registered managers must meet the requirements of the relevant regulations. Ofsted expects the proposed manager to demonstrate knowledge of the Early Years Foundation Stage.
Suitable premises. The regulator inspects the physical setting, including space per child or resident, access, fire safety and outdoor areas. Premises that fail at this stage delay the whole launch.
Policies and procedures. Safeguarding, complaints, medication, recruitment and behaviour management are standard requests. Franchise networks often supply template policies, but the franchisee must adapt them to the actual setting.
Financial and insurance evidence. Applicants typically provide accounts or a business plan, plus public liability and employer's liability cover. Some regulators ask for confirmation that the service can continue if the provider fails.
Our franchise rules in the UK guide covers the wider permissions layer, including advertising and premises checks that sit outside the care regulators.
Health and safety duties for care premises
Registration is not the end of the compliance story. Care premises are workplaces as well as care settings, and health and safety law applies in full.
Health and safety duties for care premises
- Written health and safety policy (5+ employees)
- Risk assessments for each hazard
- Employer's liability insurance
- First aid arrangements
- Fire risk assessment by responsible person
- Moving and handling of people
The Health and Safety Executive publishes guidance for the health and social care sector covering moving and handling, infection control, violence at work, and the management of hazardous substances: Health and social care - HSE. These duties fall on the employer, which in a franchise is normally the franchisee.
Key obligations include a written health and safety policy where five or more people are employed, risk assessments for each significant hazard, employer's liability insurance, and arrangements for first aid. Care settings add moving and handling of people, which carries a higher injury risk than most sectors.
Fire safety sits with the responsible person for the premises, who must complete a fire risk assessment and keep it current. In rented units, the split between landlord and tenant duties should be settled in the lease before opening.
Franchisors should build these checks into their pre-opening process. Our guide to pre-opening quality checks covers premises verification and final release, and health and safety evidence belongs in that pack.
Staffing duties run alongside. Employers must issue written statements of particulars, follow ACAS codes on discipline and grievance, and comply with the Employment Rights Act 1996. Care work also brings right to work checks and, in England, vaccination requirements for some regulated settings.
A registration readiness checklist by nation
Use this checklist before submitting any application. It assumes the franchisee has already incorporated and secured premises.
Registration readiness checklist by nation
- Confirm nation and service type
- Identify and verify registered manager
- Gather entity documents
- Prepare safeguarding and medication policies
- Complete premises risk assessment
- Arrange liability insurance
- Book registration visit or inspection
In England, add the Early Years Register or Childcare Register decision for childcare, or the regulated activity list for CQC. In Scotland, confirm the service type against the 2001 Act and prepare for the six quality indicators.
In Wales, check which Care Inspectorate Wales service category applies. In Northern Ireland, confirm whether the trust or RQIA is the registering body.
Franchisors should also assign ownership of the application internally. Our breakdown of accountable roles for a franchise launch maps official duties onto named people, which stops registration tasks falling between departments.



