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.
5. Services offering both early learning and school age childcare
Current data from the Care Inspectorate suggests that there are around 200 childcare services in Scotland that offer both early learning and school age childcare under one registration. The Scottish Government is working with the Care Inspectorate to understand how introducing separate definitions for ELC and SACC could impact the way these services are regulated. It is possible that these services might need to register under two separate categories in future as they will be providing two different types of service.
| Respondent type | Sample size (n=) | % Yes | % No | % Don’t know | % No answer |
|---|---|---|---|---|---|
| All respondents | 278 | 17 | 21 | 42 | 19 |
| All answering | 224 | 21 | 26 | 53 | - |
| Individuals | 144 | 21 | 27 | 52 | - |
| Organisations: | 80 | 21 | 25 | 54 | - |
| - Childcare | 69 | 22 | 23 | 55 | - |
| - Local Authority | 7 | 14 | 29 | 57 | - |
| - Membership organisation | 2 | 0 | 50 | 50 | - |
| - Other | 2 | 50 | 0 | 50 | - |
Among those answering Q4, just over half (53%) were unsure whether having to register under two separate categories would change the type of service they can offer. Of the remainder, slightly more respondents answered ‘no’ (26%) than ‘yes’ (21%). A similar pattern of results was evident among both individuals and organisations that answered. Among childcare organisations, 55% were unsure, 23% felt it would not change the service they offer, and 22% felt it would.
Just over half of all respondents answered the open question. The nature of the open comments suggests that respondents interpreted the question in different ways. In some cases, respondents treated ‘the type of service’ change as a positive change – i.e., orienting the services to better support the different age groups – while others considered the ‘the type of service’ change negatively – i.e. closure of certain services for one or both age groups.
Do not currently provide both
Most commonly, several respondents at Q4 stated that they could not comment on the impacts of splitting the registration into two categories, as they do not currently offer both services.
Support for a single registration
Several respondents supported maintaining a single registration for both categories of service. Respondents felt that requiring distinct registration could negatively impact services, as it could force some providers to choose a single service, which could then have a knock-on impact on working parents, their children and their development.
While some respondents did not elaborate further, others gave more detailed information about potential negative impacts on providers. Some respondents suggested more staff could be needed to account for the increased administration, which a few felt could have a negative impact on low provision areas, such as in rural and remote communities. A few others noted that separate registrations could also raise costs for the services or require a change in space or venue.
“Requiring separate registration for early learning and school-age childcare could create administrative burdens that disproportionately affect smaller, community-based providers, or providers that offer both types of provision.” – Individual
“Many organisations currently deliver blended models of support across age groups (thinking specifically about multi aged children in larger families navigating early years, primary and secondary) and operate in ways that reflect the realities of family life rather than strict service boundaries. Integrated and community-based approaches are often central to enabling participation for families experiencing poverty or facing multiple barriers. Future approaches should therefore minimise duplication and avoid creating unnecessary barriers to whole-family models of support.” - Organisation
Support for distinct categories for registration
Distinct categories for registration were supported by several respondents. Some of these respondents noted that they already registered the two types of services separately. Others felt that it would help ensure the provision for the two different types of services was distinct and best oriented to the children in attendance. A few respondents commented that this could be a relatively straightforward change, as they are already working toward administering the two services separately. For example, one individual said their organisation was already trying to keep the quality assurance processes separate for the two services.
“Registering under two categories should not change the type of service offered. The two settings are different anyway. Early learning is exactly that. After school care is exactly that. After school is to ensure children are safe, nurtured and have the freedom, as well as the responsibility, to take part in activities unrelated to learning as well as having the opportunity to include learning activities only if they wish.” – Individual
“At the moment, from a play work perspective, many school-age provisions are being regulated through an early learning lens, applying inappropriate pedagogical frameworks, ratios, or environmental standards that do not reflect the developmental and play needs of older children and young people. Separate registration could be a positive step if it results in school-age provision being recognised on its own terms, with a distinct workforce framework rooted in play work principles rather than early learning provision.” – Individual
Contact
Email: schoolagechildcare@gov.scot