Does your school holiday, activity and food provision programme need to be registered?
Services offered to children and families as part of school holiday, activity and food provision programmes may need to be registered with the Care Inspectorate. The information below relates to children and young people from primary school age and above.
It is an offence to operate a care service in Scotland without being registered with the Care Inspectorate and the Care Inspectorate is happy to provide advice.
For advice on registration, you can email our registration team: This email address is being protected from spambots. You need JavaScript enabled to view it.
Childcare service or school holiday, activity and food provision programme
Is the provision advertised as school holiday childcare?
If the answer is yes, then generally the service needs to be registered.
Is the service provided to enable/support parents to work, study or attend training?
If the answer is yes, it would be a childcare service and needs to be registered.
If the service is providing a school holiday club/activity club/playscheme/youth club that is activity based, then it needs to be promoted as such. It should not be promoted as providing childcare.
If you are solely providing an activity-based programme, then this does not need to be registered.
Mealtimes
Depending on the level of support the individual child needs at mealtimes, this could be considered as care, then the service would require to be registered.
Personal care
Do children need help with personal care such as going to the toilet, taking off or putting on appropriate clothing?
If the answer is yes, then the service requires to be registered.
Children with additional support needs
Do the children attending the service have additional support needs (ASN)?
If the answer is yes, then generally the service needs to be registered and the Care Inspectorate would need more information about what type of support children are being given.
Legislative definitions of types of services
It is an offence to operate a care service in Scotland without being registered with the Care Inspectorate.
Section 47 of the Public Services Reform (Scotland) Act 2010 defines the types of services that must be registered with the Care Inspectorate.
Day care of children service:
A “day care of children” service is described in paragraph 13 of Schedule 12 as “subject to paragraphs 14(b) to 17, a service which consists of any form of care (whether or not provided to any extent in the form of an educational activity), supervised by a responsible person and not excepted from this definition by regulations, provided for children, on premises other than domestic premises, during the day (whether or not it is provided on a regular basis or commences or ends during the hours of daylight).”
Regulations made under the Act, namely The Social Care and Social Work Improvement Scotland (Excepted Services) Regulations 2012 (SSI 2012/44) (“the Excepted Services Regulations”), restrict the definition of a day care of children service to those services which have as a primary purpose the provision of care to children.
Regulation 4 of the Excepted Services Regulations states “There is excepted from the definition of “day care of children” in paragraph 13 of schedule 12 to the Act any service unless its primary purpose is the provision of care to children”.
Support service:
A support service is defined by the Public Services Reform (Scotland) Act 2010 as
“a service provided, by reason of a person’s vulnerability or need (other than vulnerability or need arising by reason only of that person being of a young age), to that person or to someone who cares for that person by-
- a local authority;
- any person under arrangements made by a local authority;
- a health body; or
- any person if it includes personal care or personal support.
Consider whether the ‘vulnerability’ is solely through age. If it is and care is being provided and is provided for more than two hours, then consider if registration as a daycare of children service is more appropriate.
Consider if the ‘vulnerability’ is through some form of additional support need and ‘care’ is required. If it is, consider registering as a support service.
Already a registered provider with the Care Inspectorate
If you are already a registered childcare or support service provider, it might be possible to vary the conditions of your existing service. This is called a variation, as it is varying the existing conditions of your registration with the Care Inspectorate. You can ask for advice on this from our registration team or your inspector.
Get in touch
The Care Inspectorate is happy to provide guidance to support the development and registering of school holiday, activity and food provision programmes for children and families.
Please contact our contact centre on 0345 600 9527 or email Care Inspectorate enquiries at This email address is being protected from spambots. You need JavaScript enabled to view it.
For advice on registration, you can email our registration team: This email address is being protected from spambots. You need JavaScript enabled to view it.