From September 2008, providers will be inspected by Ofsted under Sections 49 and 50 of the Childcare Act 2006. Ofsted will have regard to the Statutory Framework for the Early Years Foundation Stage booklet when they are carrying out their inspections. The Early Years Foundation Stage replaces Birth to Three Matters, the Curriculum Guidance for the Foundation Stage, the Foundation Stage Profile handbook, and the National Standards for Under 8s Daycare and Childminding.

With the exception of schools, all settings will be required to be registered by Ofsted in respect of all their provision for children from birth to the end of the Early Years Foundation Stage. Maintained, independent and non-maintained special schools will be required to be registered only in respect of any provision they offer for children below the age of three. This is to ensure extra safeguards for the youngest and most vulnerable of children.

Provision in schools for registered pupils aged three and over will not be required to be registered because it is already taken account of by the main school inspection framework. It will, however, be expected to meet the same standards as other providers. All settings will be regularly inspected against the EYFS requirements and all provision made directly by schools will be inspected as part of a single inspection event with the main school inspection.