If you run a nursery, childminding service, pre-school, or any Ofsted-registered early years setting in England, risk assessment is not optional — it is a statutory requirement under two overlapping frameworks. Getting it right matters not just for Ofsted inspection outcomes, but for the safety of the children in your care.
The Two Legal Frameworks That Apply
Early years providers in England are subject to two distinct but overlapping legal frameworks for risk assessment:
- The EYFS Statutory Framework 2024: Made under Section 39 of the Childcare Act 2006, this is the mandatory framework for all Ofsted-registered early years providers in England. The January 2024 version is the current operative version. Compliance is assessed by Ofsted at every inspection.
- The Management of Health and Safety at Work Regulations 1999 (MHSWR 1999): All employers — including nursery owners and managers — must comply with Regulation 3(1) MHSWR, which requires a suitable and sufficient risk assessment of all workplace risks. Childminders who are self-employed with no employees are not employers under MHSWR, but the EYFS framework independently requires them to carry out risk assessments.
What the EYFS Statutory Framework 2024 Specifically Requires
The EYFS 2024 does not consolidate risk assessment duties into a single paragraph. Instead, the duty arises from several specific welfare requirements:
Paragraph 3.64 — Premises and Environment Safety
Paragraph 3.64 requires providers to ensure the safety of children, take positive steps to promote children’s safety and manage risks, and take reasonable steps to ensure children are not exposed to risks. This encompasses the physical environment — buildings, outdoor spaces, equipment, and access arrangements. Providers must carry out regular checks and maintain records demonstrating ongoing risk management.
Paragraph 3.67 — Outings and Off-Site Activities
Paragraph 3.67 requires providers to obtain written parental permission for outings, assess the risks or hazards which may arise for children, and identify the steps to be taken to remove, minimise, and manage those risks. A written outing risk assessment is therefore mandatory for every off-site visit, however short — applying equally to childminders taking children to the park as to nurseries visiting farms or outdoor learning environments.
Water Safety
The EYFS 2024 requires that children are never left unsupervised near water. Any use of standing water — paddling pools, water trays, garden ponds, or natural water features — requires a specific risk assessment addressing supervision ratios, depth, access control, and emergency procedures. Providers running forest school programmes where streams or ponds are accessible must have detailed water safety risk assessments reviewed with each cohort.
Food and Cooking Activities
Where providers prepare food or carry out cooking activities with children, risk assessments must cover allergen management (in line with the Food Information (Amendment) (England) Regulations 2019, implementing Natasha’s Law from October 2021), food hygiene and storage, hot surfaces and implements, and the supervision of children during cooking.
Children with Additional Needs and SEND
Where a setting includes children with special educational needs and disabilities (SEND) or medical conditions, risk assessments must be personalised to those children’s specific needs. The EYFS 2024 requires individual health care plans for children with medical conditions (paragraph 3.47), and risk assessments should be consistent with those plans.
What Ofsted Inspectors Look For
Ofsted inspects early years settings under the Early Years Inspection Handbook (updated September 2023). Under the Leadership and Management judgement, inspectors assess whether leaders ensure children are kept safe through effective risk management. Inspectors routinely:
- Ask to see written risk assessments for indoor and outdoor environments, and check whether they are reviewed regularly
- Ask to see outing risk assessments and parental permission records
- Check that higher-risk activities (water, cooking, tools, outdoor and forest activities) have specific documented assessments
- Observe whether staff are aware of and implement the risk assessment findings in practice
- Check that risk assessments are updated after incidents, near misses, or changes to the environment
Inadequate risk assessment arrangements are one of the most frequently cited reasons for ‘Requires Improvement’ and ‘Inadequate’ judgements. An ‘Inadequate’ judgement triggers a return inspection within approximately six months and can result in suspension of registration.
What a Compliant EYFS Risk Assessment Must Cover
- Indoor environment: Flooring, furniture, equipment, windows, doors, stairs, electrical outlets, storage areas, kitchen and food preparation areas
- Outdoor environment: Play equipment (checked against BS EN 1176 standards), surfaces, fencing, gates, garden tools, plants (toxic or allergen-producing species)
- Outings: Route, transport, supervision ratios, emergency contacts, medical information, parental consent
- Water: All standing or flowing water accessible to children, supervision arrangements, depth and access controls
- Fire safety: Evacuation procedures, assembly points, fire detection, evacuation drills (at least one per term), arrangements for children with mobility issues
- Infection control: Nappy changing, handwashing facilities, sick child procedures, medication administration
- Forest school and outdoor learning: Tool use, terrain, weather, water, insects, plants, remote supervision arrangements
- Individual children: Personalised assessments for children with medical conditions, SEND, or known allergies
How Frequently Must EYFS Risk Assessments Be Reviewed?
The EYFS 2024 requires risk assessments to be kept up to date. The following minimum approach aligns with Ofsted expectations:
- Daily checks of the physical environment (outdoor equipment, access points) — typically a daily checklist
- Outing assessments prepared specifically for each outing
- Full review of written environmental risk assessments at least termly, or following any incident, near miss, change to the environment, or change in the children attending
- Annual review as a minimum for all standing written risk assessments
Getting an EYFS-Compliant Risk Assessment
Anyrisks generates fully written, EYFS-aligned risk assessments for nurseries, pre-schools, childminders, and forest school settings in under two minutes. Describe your setting, the specific activity or environment, and any relevant child-specific factors — and the tool produces a professional document covering all the hazard categories required by the EYFS 2024 framework, ready to present to Ofsted or parents. Available as PDF and Word for £29.
