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.


3. Age range of school age childcare

The current definition of “day care of children” uses the interpretation of “school age” taken from Section 31 of the Education (Scotland) Act 1980, which broadly includes children between the ages of five and sixteen years (with some exceptions). This section considers respondents' views on whether this is the right age range for children attending school age childcare services, or if this should be changed to include younger or older children.

Question 2. What age range should be used in the new definition of school age childcare? Please suggest an age range and your reasons for this.

Almost all respondents provided a response at Q2. The most common themes were that the definition should cover primary school age children and that the existing age range should be kept.

Primary school age

The most common theme, mentioned by many respondents, recommended that the age range cover primary-age school children. Several respondents did not provide an explicit age range but suggested it should be for children enrolled in primary school, while a few explicitly suggested that it include the summer before P1, and others felt that it should include the summer after P7 as well.

Other respondents presented a range of ages in line with primary school. Of these, several respondents recommended the definition include ages 4-12 years, some suggested 5-12 years, and some others suggested 4-14 years. Less commonly suggested age ranges included: 4-13 years, 4-11 years, 4-16 years, and a small number suggested five and half and upward. One individual noted that SACC should also be available to children who are of school age but have been deferred from starting P1 for a year.

Keep the range as it is now

Some respondents felt that the current age range, aligned with Education (Scotland) Act 1980, should continue to be used. Respondents who supported the current age range often did not provide more detail. A few who did suggested that it was beneficial for working parents who may need breakfast and after-school clubs until their children are 16.

“This should be left as it is so that there is scope for anyone of school age, possibly up to 16, to attend. This covers 4-year-olds in the summer prior to commencing school in August, and once they have left Early Years Settings (generally at the end of June), as well as children from high school that are either not ready to be going home or being home alone or with ASN requirements.” - Childcare Organisation

All school age children

Including all school age children, aged 18 or under, was mentioned by some. While a few respondents did not provide more details, a few others felt that children still needed activities and play in their secondary school education. Some provided specific age ranges, with some supporting inclusion of age 4-18 years and a few others suggested 5-18 years. One individual felt that services often just stop for secondary school-age children, leaving them with little to do, particularly if their families cannot afford hobbies or other activities.

A few others felt that there should still be services covering all ages, but that they should be different for secondary school age children and young people. One individual mentioned that in their experience, young people (after age 12 years) no longer wanted to attend the same types of SACC with children as young as five years.

“Consideration should be given to secondary‑age children needing supervision, and also children with additional support needs beyond primary age. This should potentially be something different as older children do not want to be in “childcare” or be returning to the Primary School the service is run in. Often activities after school support these children, however, these generally run in specific terms for time-limited periods, e.g. 6 weeks.” - Local Authority

Flexible age ranges

Some respondents were supportive of flexibility around age ranges. They felt that services should be able to respond to the individual needs of different children and the different circumstances across communities in Scotland. Two organisations suggested this was particularly true for rural areas and across island communities where resources are more limited, and nurseries may be oversubscribed. Some others suggested that flexibility with the age ranges would also create a more inclusive environment for children and young people with additional support needs who may need SACC until age 16 or 18.

“In thinking about the age range, consideration needs to be given to the situation where some children may not be attending school at the age of four or five. Children can be deferred for a wide variety of reasons, including children with additional support needs (ASN). Rather than specifying an age range, consideration could be given to wording that encompasses what families need.” - Organisation

Other age range suggestions

A few respondents each made recommendations for other age ranges. These included, from most to least prevalent:

  • All children from birth
  • A range from 3-year-olds up to 16 or 18 years.
  • A few respondents provided only starting ages for the age range, such as from 3, 4, 5 or 6, while others included marginally different age ranges, such as 4-17 years rather than 4-18 years.

Contact

Email: schoolagechildcare@gov.scot

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