How to Make a Complaint About a Childcare Provider

Most concerns about childcare provision can and should be resolved through direct, honest conversation between parents and the setting. A well-run setting will welcome feedback, take concerns seriously and work to address them promptly and openly. The formal complaints process exists for situations where direct resolution has failed, where concerns are serious and where a more structured response is needed. Understanding this process (and when to use it) helps parents advocate effectively for their child without unnecessary escalation.

It is also important to understand that complaining about a childcare setting is not disloyal or unhelpful. The EYFS requires all registered providers to have a complaints procedure and to take complaints seriously. A setting that responds defensively or dismissively to a genuine concern is demonstrating a quality failure. Parents who raise concerns in good faith are contributing to the improvement of provision for all children.

Step 1: Speak to the Setting Directly

The first step should almost always be a direct conversation with the key person, room leader or setting manager. Choose a time when they are not distracted by managing children – request a specific meeting time rather than trying to have the conversation at drop-off or collection. Describe your concern clearly and factually, focus on the impact on your child and avoid attributing intent. Listen to the response. Most concerns at this stage will be resolved with an apology, a clarification or a specific commitment to change.

If you raise a concern verbally, make a brief note of what you said, what the response was and the date. This record becomes important if the concern is not resolved and you need to escalate. If you are not satisfied with the verbal response, ask for the concern and the response to be confirmed in writing. This is a reasonable request and a setting that refuses it is not dealing with the complaint appropriately.

Step 2: Formal Written Complaint

If the concern is not resolved through direct conversation, the next step is to submit a formal written complaint to the registered person: the individual or organisation legally responsible for the setting’s registration with Ofsted. In a small private nursery, this is likely to be the owner or the SENCO/manager. In a chain of nurseries, there will be a designated complaints lead. The setting’s complaints procedure (which it is required by the EYFS to have and to share with parents on request) will identify the correct recipient.

A formal written complaint should:

• clearly state the nature of the concern
• describe what happened, when and who was involved
• explain what response was given previously (if any) and why it was unsatisfactory
• state what outcome you are seeking

Be specific and factual rather than general and emotional. Keep a copy. The setting is required by the EYFS to respond to a written complaint within 28 days and to keep a record of the complaint and its resolution, which Ofsted may inspect.

What Happens During the Complaint Investigation

A well-run setting will investigate a formal complaint by speaking to relevant staff, reviewing any written records, and considering what the evidence shows. The investigation should be led by someone with authority to make changes – ideally someone not directly involved in the events complained about. You should be kept informed of progress and given a written outcome that addresses each element of your complaint, sets out what was found, and explains what action (if any) will be taken.

If the outcome does not address your concern adequately (for example, if the setting denies that anything went wrong when you have evidence to the contrary, or if the same issue recurs after a commitment to change) you should note this and consider escalation. You do not need to use the setting’s internal process indefinitely: if you have genuinely given it a fair opportunity to resolve the matter and it has not done so, escalating is appropriate.

Complaining to Ofsted

Ofsted accepts complaints about registered childcare providers from parents and members of the public. This is the appropriate route when:

• your concern relates to safeguarding or child welfare
• you believe the setting is in breach of the EYFS or Childcare Register requirements
• or your concern has not been resolved through the setting’s own complaints procedure

Complaints can be made through the Ofsted website (ofsted.gov.uk) or by calling 0300 123 1231.

Ofsted assesses all complaints it receives and decides whether to investigate. It will not simply forward your complaint to the setting or mediate between you – it considers whether there is a potential regulatory concern that requires inspection or enforcement action. Ofsted does not investigate complaints about individual incidents that do not raise regulatory concerns (such as a disagreement about a policy that the setting is implementing lawfully). If your complaint does not raise regulatory concerns but you remain dissatisfied, you may need to consider other routes.

Other Routes: LGSCO and Legal Action

The Local Government and Social Care Ombudsman (LGSCO) investigates complaints about local authority services, including council-run nurseries and children’s centres. If your complaint is about a local authority childcare setting that has not been resolved through its internal process, the LGSCO can investigate and, where it finds maladministration, recommend remedies including apologies, improvements to practice and financial redress. The LGSCO does not investigate complaints about private or voluntary sector childcare settings.

In cases involving physical or emotional harm to a child, legal action in negligence or under the Human Rights Act 1998 may be possible, though this is a significant step and specialist legal advice should be sought. The NSPCC and specialist solicitors with experience of education and childcare law can provide guidance. For most disputes, however, the combination of the setting’s own complaints procedure, Ofsted and (where relevant) the LGSCO provides adequate routes for resolution without the need for litigation.