The Ofsted 2-Hour Rule: When Can Your Assistant Be in Sole Charge?

One of the most valuable benefits of hiring an assistant is the flexibility it provides for school runs, emergency appointments, or simply managing the logistical flow of the day. However, the EYFS Statutory Framework is very specific about when and how an assistant can be left in 'sole charge' of children.

This is commonly known as the 2-Hour Rule, and breaching it is a common compliance failure during Ofsted inspections.

1. What is the 'Sole Charge' Limit?

According to the EYFS, children may be left in the sole care of a childminder assistant for a maximum of two hours in any single day.

Crucially, this is a cumulative total. You cannot have two separate assistants each taking two hours of sole charge; the limit applies to the setting's registration. If you are not present on the premises, the 2-hour clock starts ticking.

2. The Three Mandatory Prerequisites

You cannot legally leave an assistant unsupervised unless you have satisfied three statutory requirements:

A. Paediatric First Aid (PFA)

Before you can leave your assistant unsupervised with children, they MUST have completed a 12-hour Paediatric First Aid training course. It is not enough for the lead childminder to have one; the person actually in charge of the children must be qualified to respond to a medical emergency.

B. Written Parental Permission

You must obtain explicit written permission from the parents or carers to leave children with an assistant, including for very short periods of time. This permission should be specific: it must state that the parent agrees to their child being left with a named assistant.

C. Ofsted Suitability

An assistant must not be left unsupervised or counted in the staff-to-child ratio until both a completed enhanced DBS check with barred lists and a suitability letter from Ofsted have been obtained. This only happens after Ofsted has processed their details via the digital 'Report new people in the setting' service.

3. The 'Adequate Supervision' and Safer Eating Trap

The September 2025 EYFS safeguarding reforms have clarified what 'supervision' means, particularly during mealtimes. The new Safer Eating mandate explicitly requires that a PFA-trained staff member must be present in the room while children are eating, and that children are always within 'sight and hearing' of a member of staff. If your assistant is in sole charge, they must ensure they are physically present in the room with the children during snacks and meals—this is not a time for them to step out or catch up on paperwork.

How KinderStart Keeps You Within the Limit

Tracking minutes during a busy school run is stressful. KinderStart includes a dedicated Sole Charge Timer as part of our Assistant Management suite:

• One-Tap Activation: When you leave the premises, simply tap 'Start Sole Charge' in the app.
• Smart Alerts: The app sends a push notification to both you and your assistant 15 minutes before the 2-hour limit is reached.
• Audit Trail: Every period of sole charge is logged, providing transparent evidence for Ofsted that you are operating within the law.