Business Growth

Hiring an Assistant

Double your ratios and grow your business. The complete legal roadmap to employing staff in 2026.

Written byDaniel Broadhurst (Founder)|Published: 22 June 2026|
Ofsted Aligned

The fastest way to increase your revenue is to increase your capacity. Hiring an assistant allows you to care for more children, but it comes with new legal responsibilities.

The "Ratio Boost"

With one assistant present, your ratios effectively double. You can care for up to 12 children under 8, provided you have the floor space.

Legal

1. Employment Status

Avoid common tax traps. PAYE vs Self-Employed.

Employed (PAYE)

If you control their hours and provide the equipment, they are an employee. You must run payroll and pay Employer's NICs.

  • PAYE Payroll
  • Pension Provision
  • Holiday Pay

Self-Employed

Very rare for assistants. Usually only applies to "co-childminders" operating as a formal business partnership.

HMRC Risk Area
Compliance

2. Suitability Checks

Mandatory checks before they start working with children.

1

Enhanced DBS Check

Must be an "Enhanced check with barred list" via the Ofsted/Capita portal. Update service strongly recommended.

2

Reference Verification

Statutory requirement: Secure references from current/most recent employer. "To whom it may concern" (open) references are prohibited.

3

Health Declaration (EY2)

Assistant must complete the Ofsted health booklet, signed by their GP and processed via the Gov Gateway.

Paediatric First Aid

Valid certificate must be obtained before solitary charge; ideally before start date.

Safeguarding

3. The Referencing Duty

Your legal obligation as an employer in 2026.

The Harm Threshold

If you are asked to provide a reference for a former assistant, you have a legal duty to share factual information about any substantiated safeguarding concerns that met the harm threshold. Do not include unsubstantiated or false allegations.

Growth Strategy

Plan for the long-term success of your team setting.

The ROI View

Hiring an assistant is a major milestone. Check our Strategic Growth Guide for ROI analysis.

Notify Ofsted?

Yes. You must report new assistants via the Gov.uk Ofsted portal. 2026 Rule: You can work with up to 3 assistants (4 people total) under a childminder registration. 5+ people requires "Childcare on Domestic Premises" registration.

Solitary Supervision

When can you leave an assistant alone?

Max 2 Hours Policy

Assistants can only care for children alone for up to 2 hours per day (e.g., for school runs) if they have first aid and you have written parent permission.

First Aid Cert
Parent Consent
Confidence Check

Managing staff paperwork?

KinderStart allows you to track staff monitoring, supervision meetings, and DBS renewals in one place.

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KinderStart strives for accuracy. Competitor features and pricing comparisons are based on publicly available information as of May 2026. Details are subject to change by respective providers.

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