Introduction
Out of School Settings [OOSS] are not regulated under education OR childcare law. There is no central register or required membership of a larger umbrella organisation and no required inspections or compulsory engagement with the local authority. There are no mandatory qualifications or training for providers, staff and volunteers. DBS checks are not mandatory.
OOSS include tuition centres, sports and arts clubs, youth groups (e.g. Scouts and Brownies), holiday camps/activity centres, and faith-based education settings. The Department for Education says OOSS may be providing tuition, training, instruction or activities.
Wellbeing Bill Education Providers Duty
In December 2024 the government published the Children’s Wellbeing and Schools Bill which – amongst other things – set out proposals for registration of children not in school with a requirement on parents to disclose education providers used, and also proposing a new duty on education providers to supply details of all children on their books.
Out Of School Settings may or may not be education providers and therefore may or may not come in scope of the education provider duty set out in the Children’s Wellbeing and Schools Bill.
At the time of writing in October 2025, the bill is still going through parliament .
Should the Wellbeing Bill become law with these measures intact, nothing will change immediately as there will have to be a public consultation to determine which education providers are within scope probably “based on the amount of time that an eligible child would need to be provided with out-of-school education by a particular provider without any parent of the child being actively involved in their tuition or supervision” [SOURCE = Policy Summary Notes page 87]
NB just as an out of school setting may not necessarily be an education provider, equally an education provider may not be “a setting”, since an individual tutor could be a provider.
Call For Evidence Out Of School Settings 2025
Meanwhile in May 2025 the government issued a call for evidence on Out Of School Settings or OOSS. See https://consult.education.gov.uk/out-of-school-settings-safeguarding-team/out-of-school-settings-safeguarding-call-for-evide/
The call for evidence closed in September 2025 so the government response is not expected before 2026.
“This call for evidence seeks your input on existing safeguarding practices in OOSS, as well as potential options for further strengthening safeguarding. We aim to learn more about how respondents currently assure themselves, or provide assurances, as to settings safety; any challenges to doing so; and what further support or action may be needed to make these settings safer. The evidence gained will be used to inform consideration of longer-term proposals to further enhance the safety of the OOSS sector, and to instil parents and carers with confidence that they are choosing safe settings for their children.”
The DfE uses the general term “out-of-school settings”, or the abbreviation “OOSS”, to capture the full range of this provision. By OOSS, we mean: any organisation or individuals that provide tuition, training, instruction or activities to children in England, without their parents’ or carers’ supervision. However, this explicitly excludes: schools; colleges; 16 to 19 academies; alternative Provision arranged by local authorities or schools; providers caring for children that are registered with Ofsted or a childminder agency”
The government call for evidence says it is important to ensure that any solution avoids unduly burdening providers [time, money] plus any proposal would require extensive development.
Possible future options include: mandatory registration with regulation; voluntary registration with regulation; or alternatively an engagement approach focused on improving safeguarding standards by supporting and promoting existing sector efforts.