School age childcare - new legal definition: consultation analysis
Analysis of responses to a public consultation which sought views supporting work to explore potential changes to the regulation of school age childcare services by creating a new legal definition for school age childcare. The consultation ran from 20 February 2026 to 18 May 2026.
2. Purpose of school age childcare
The current definition of “day care of children” focuses on providing care for children. However, SACC services consulted during the feasibility study highlighted that another key element of their service is providing opportunities for play and recreation. They stressed the benefits that play and recreation bring to children’s development and strongly advocated for more formally recognising the importance of creating the opportunities, time and space to enable child-directed play and recreation that SACC delivers. During engagement with services and stakeholders about creating a new definition for school age childcare, there have been calls to include play within the definition as well as care. This would clearly show the importance of play and provide greater clarity about the role of SACC.
| Respondent type | Sample size (n=) | % Yes | % No | % Don’t know | % No answer |
|---|---|---|---|---|---|
| All respondents | 278 | 94 | 2 | 3 | 1 |
| All answering | 275 | 95 | 2 | 3 | - |
| Individuals | 172 | 94 | 2 | 4 | - |
| Organisations: | 103 | 96 | 2 | 2 | - |
| - Childcare | 88 | 98 | 1 | 1 | - |
| - Local Authority | 7 | 86 | 0 | 13 | - |
| - Membership organisation | 5 | 80 | 20 | 0 | - |
| - Other | 3 | 100 | 0 | 0 | - |
The vast majority (95%) of those answering Q1 agreed that a new definition for school age childcare should also include play as part of the purpose of the definition. Only 2% of those answering disagreed, and 3% were unsure.
High levels of support for including play in a definition were recorded among both individuals (94%) and organisations (96%), and among childcare organisations (98%). Support was still high, but marginally lower, among the comparatively smaller number of local authorities and membership organisations that answered, at 86% and 80%, respectively.
Over eight in ten of all respondents provided a response to the open question. The most prevalent themes were that play should be included in the definition, followed by those who raised concerns and further suggestions.
Include play
In line with the closed question results, almost all respondents who left a comment on this question supported the inclusion of play as part of the purpose of the definition for school age childcare. There were three main reasons respondents supported this inclusion. The first and most prevalent reason was that respondents felt that play is an important aspect of learning and development. Respondents often cited the United Nations Convention on the Rights of the Child (UNCRC) and noted that play was enshrined in the Rights of the Child.
“Play is an intrinsic part of a child's learning journey in relation to so many parts of their development. It is also how children relax, regulate and socialise. Play is such a crucial part of childhood; access to play is recognised right under the UNCRC. The most common thing that children do is play.” - Childcare organisation
“I believe out-of-school care should have play as part of the purpose to give children experiences they may not always experience. Play is one of the biggest contributors to a child’s development in all aspects.” - Individual
Secondly, many respondents supported including play in the definition as they felt this should be the focus of their school age childcare offering. Respondents felt that this differentiated their care from services offered in Early Learning Centres or schools.
“Play is, in our opinion, the key aspect of our sector. We care for children outwith formal education at a time when their peers may be at home engaging in play time. At our clubs, we have always emphasised the importance of working with the children to ensure their play time with us is safe, fun, and child-led.” - Childcare organisation
Thirdly, several other respondents felt that including play in the definition would allow organisations to maintain and justify the organisational focus and staff’s existing commitment to play. They felt it would help ensure that staff training, workforce development, funding and regulations ensure that play is the central focus and best practice of school age childcare. Some respondents noted that their staff have undertaken qualifications in play work, and updating the definition could reflect their qualifications while enabling continued learning and upskilling of all staff. As one individual wrote, it would reinforce that their job role ‘is not just about looking after children but actively supporting their learning and development.’
“SAC supports children who are already in formal education and therefore has a different role. It provides wraparound care that complements the school day, promotes wellbeing, offers opportunities for play and social interaction, and supports families to balance work and childcare responsibilities. SAC is not an extension of Early Years, nor is it an extension of the school day; it is a distinct phase with its own needs, expectations, and outcomes.” – Childcare organisation
Concerns about including play in the definition
Some respondents were unsure whether play should be included in the definition. Among these respondents, a few felt that it could overcomplicate the definition and that emphasis should still be placed on high-quality care.
A small number of respondents raised regulatory concerns about including play in the definition. A local authority mentioned that it may “unintentionally broaden the scope of regulation to cover: extracurricular clubs, after‑school activities, [and] other play‑based groups not traditionally considered childcare”. They felt that this may create challenges and burdens for organisations that are not regulated. Others felt they were unable to answer the question without further information about how the change in definition may impact the regulation of different services.
“Afterschool club is play-based and child-led anyway, so if the definition changes, that would mean more paperwork, more stress from the Care Inspectorate and not any more money.” - Individual
Suggestions
Some respondents supported the inclusion of play in the definition, but provided some suggestions. These included the following, from most to least prevalent:
- Play should be defined as self-directed, freely chosen and intrinsically motivated if included in the definition.
- The definition should remain flexible and should emphasise that play can mean different things to different children, particularly children with different support needs or older children in SACC services.
- There should be some consideration of cost and awareness of families experiencing low incomes and poverty who may not have access to SACC.
- An emphasis should be placed on training and ensuring that the professionalism of the sector is secure.
- Play should be included, but it should be alongside care and learning.
Do not include play
A small number of respondents felt that inclusion of play in the definition was unnecessary as they consider it a part of the existing childcare regulations. For example, a childcare organisation felt that the provision to offer a stimulating environment was already intrinsic to the regulations.
Contact
Email: schoolagechildcare@gov.scot