Nursery Staff to Child Ratio

Maintaining appropriate staff-to-child ratios is an important responsibility for nursery and early years providers. The number of staff required will depend on factors including the ages of the children attending the setting and the qualifications of the staff working directly with them.

In England, staff-to-child ratios form part of the Early Years Foundation Stage (EYFS) statutory framework. Nursery owners and operators need to understand the requirements that apply to their setting and ensure that appropriate staffing arrangements are maintained.

Staffing is also one of the most significant costs associated with operating a nursery. Understanding ratio requirements is therefore important not only from a regulatory perspective but also when considering recruitment, capacity, financial planning and the future growth of a nursery business.

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What Are the Staff-to-Child Ratios for Nurseries?

The EYFS statutory framework sets out staff-to-child ratio requirements for early years providers in England.

For children aged under two, there must generally be at least one member of staff for every three children.

For children aged two, there must generally be at least one member of staff for every five children.

For children aged three and over, the applicable ratio will depend on the circumstances of the setting and the qualifications of the staff working directly with the children. In many settings, there must be at least one member of staff for every eight children. A ratio of one member of staff for every 13 children may apply in certain circumstances where a person with an approved Level 6 qualification is working directly with the children.

Following the September 2026 update to the EYFS statutory framework, these ratios are assessed across the total number of staff available to work directly with children across the whole provision, rather than room by room in isolation. This does not change the numerical ratios themselves, but it confirms that staff who move between rooms during the day, for example to cover breaks or support mixed-age activities, can be counted towards the ratio for the setting as a whole, provided the quality of care and children’s safety and security are maintained.

The detailed requirements can vary depending on the type of provider and staffing arrangements. Nursery owners should therefore ensure that they understand the requirements that apply to their particular setting.

You should always check the up to date guidance by getting in touch with us for further advice.

Why Are Staff-to-Child Ratios Important?

Staff-to-child ratios are intended to help ensure that early years settings have sufficient staff available to meet children’s needs and maintain their safety.

For nursery owners, staffing arrangements can also have significant commercial implications. Employing sufficient appropriately qualified staff represents a substantial operating cost and changes in the number or ages of children attending a nursery may affect the staffing resources required.

Ratios may therefore be an important consideration when assessing nursery capacity, preparing financial forecasts or considering whether a setting can accommodate additional children.

Nursery operators should also consider staff qualifications when planning their workforce. Whether an individual can be counted within particular ratios may depend on whether their qualifications satisfy the relevant requirements.

Staffing Considerations When Buying a Nursery

Staffing arrangements should form an important part of the due diligence process when acquiring an existing nursery business.

A prospective buyer should understand the number of employees working within the nursery, their roles, qualifications, employment terms and how staffing arrangements support the number and ages of children attending the setting.

Buyers may also wish to consider whether the nursery relies heavily on particular members of staff and whether recruitment or retention difficulties could affect the continued operation of the business.

Employment liabilities should also be considered as part of the transaction. Depending on the structure of the acquisition, existing employees and associated employment obligations may transfer to the buyer.

Understanding these matters can help a prospective purchaser assess the existing staffing model and identify potential costs or risks before becoming legally committed to the acquisition.

Potential Issues for Nursery Owners

Staffing difficulties can have both operational and commercial consequences for nursery businesses.

Unexpected absences, recruitment difficulties or the departure of appropriately qualified employees may affect the ability of a nursery to maintain suitable staffing arrangements. This may have implications for the number of children the setting is able to accommodate and the way in which staff are deployed.

Increasing staffing costs may also place pressure on nursery finances, particularly where a provider operates with relatively narrow margins. Owners should therefore consider how staffing requirements interact with occupancy levels, fee income and other operating costs.

Where a nursery operates across several settings, owners may also need to consider whether appropriate staffing arrangements can be maintained consistently across the wider business.

Keeping staffing arrangements under review can help nursery owners identify potential issues at an early stage and plan appropriately as the business develops.

Why Legal Advice Is Important

Operating a nursery involves a combination of regulatory, employment and commercial considerations.

Legal advice can assist nursery owners with employment contracts, changes to staffing arrangements, recruitment issues, workplace disputes and other employment matters that may arise during the operation of the business.

Where a nursery is being acquired or sold, legal advice can also assist with reviewing employment information, identifying potential liabilities and considering how employees will be treated as part of the transaction.

Staffing arrangements may also affect wider commercial decisions concerning the growth, restructuring or future sale of a nursery business. Obtaining advice at an early stage can help owners understand their legal position and ensure that appropriate arrangements are in place.

How We Can Help

Staffing is an important part of operating and developing a successful nursery business. Appropriate legal advice can help nursery owners manage employment matters and understand the wider legal considerations affecting their workforce.

Our experienced team provides clear and practical advice to nursery owners, operators and investors. We can assist with employment contracts, staffing matters, nursery acquisitions and disposals, commercial agreements and other legal issues affecting early years businesses.

We can also advise nursery groups and independent providers on employment and commercial matters arising as their businesses develop, helping ensure that appropriate legal protections are in place.

We work closely with nursery owners, accountants, lenders and other professionals to protect our clients’ interests and help achieve successful commercial outcomes.

How to Get in Contact

If you operate, acquire or sell a nursery business and require legal advice on staffing, employment or other commercial matters, contact our experienced team today.

To get in touch, call us on 020 4570 9600 or email hello@birdigroup.com.

We can advise and assist clients throughout England and Wales.

Disclaimer: This article is intended to provide general information only and reflects the position at the time of writing. The law and regulatory requirements, including EYFS staffing ratios, can and do change, and this content is not a substitute for up to date, specific legal advice. Nursery owners and operators should verify current requirements and take professional advice before relying on any of the above.