Martyn’s Law for nurseries and childcare settings.

Childcare and early years are qualifying uses. The premises must also include a building, be wholly or mainly used for a qualifying activity, meet the expected attendance threshold and not be excluded. Being a nursery does not, on its own, mean the Act applies.

For a nursery within a school, community centre or larger site, establish which premises you are assessing. Separately controlled premises within another venue usually need their own assessment using their own numbers. Where the same responsible person controls nested qualifying premises, they are treated as one.

Check your tierRead the premises rules

Start with the number reasonably expected together, rather than the total number registered or attending across a week. Include employees, contractors and volunteers in the qualifying use areas. Parents and carers present during collection, performances or open sessions may also affect the peak.

Consider predictable overlaps between sessions and planned gatherings. Use attendance records, a reasonable occupancy method or another justified approach. If your method counts only children or visitors, add the adults working there. Keep the calculation and supporting evidence.

• Compare ordinary sessions with predictable busy occasions.
• Check whether parent attendance overlaps with children and staff already present.
• Distinguish an expected peak from an unforeseen one-off increase.

Understand counting methods

The responsible person is whoever controls the premises in connection with the childcare use. This will often be an organisation rather than the room leader or manager who runs a shift. The law determines responsibility; it cannot be assigned simply by naming a staff member.

If the nursery shares space, record which organisation controls the relevant rooms and access arrangements. Where more than one responsible person exists, they must co-ordinate. Agree practical contacts with the wider site so staff know how information will reach them.

Identify the responsible person

Standard-tier procedures cover leaving the premises, moving people to a safer place inside, preventing entry or exit, and communicating information when terrorism is suspected. They must be appropriate so far as reasonably practicable. People with roles need to understand them and have the tools to act.

Walk through each procedure with the staff who know your rooms and children. Consider sleeping children, outdoor play, people needing assistance and the handover between shifts. Decide how staff in different rooms would receive an instruction without relying on one person always being present.

• Identify who can operate relevant doors and communication systems.
• Include temporary staff, contractors and volunteers in relevant briefings.
• Consider how you would give clear information to parents and carers.
• Practise and review arrangements as recommended good practice.

Explore public protection procedures

Standard tier does not require a formal risk assessment, a written plan, CCTV or searches. Documenting procedures is recommended because it helps explain the arrangements and why a particular procedure has not been adopted.

There is no statutory training requirement, but staff with roles must know what to do. Paid third-party training is not mandatory. A short practical briefing can focus on your setting’s rooms, communication arrangements and responsibilities rather than unfamiliar security terminology.

Events at qualifying childcare premises are excluded from the qualifying-event rules. A separately operated hall used by a childcare group may have a different principal use, so check its position rather than assuming the childcare exception applies.

Read the standard-tier checklistUnderstand event scope

The core duties are not yet enforceable and are expected to commence in spring 2027. No exact date is set. Check your scope and gather notification information before deciding what further support you need.

The law does not require software or specialist services. Wardcote’s standard-tier subscription helps settings write procedures, brief staff and volunteers, keep records and prepare the SIA notification. You can start free from the pricing page.

Prepare your SIA notificationWardcote’s standard-tier software