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Compliance

Nursery Staff Ratios Explained: The 2026 Rules

The statutory staff to child ratios in England, the qualification requirement behind each one, and the 1:5 change for two year olds that a lot of the web still gets wrong.

Ratios are the arithmetic that governs a nursery. They decide how many children you can take, which is to say they decide your income, and they are the first thing an inspector checks.

They are also widely misreported online. The most common error is the two-year-old ratio, which a great many pages still list as 1:4. In England it has been 1:5 since 2023.

The ratios in England

AgeRatioQualification requirement
Under 21:3At least one member of staff holds an approved Level 3 with experience of under-twos. At least half the others hold an approved Level 2. At least half of all staff have training in the care of babies.
Age 21:5At least one member of staff holds an approved Level 3. At least half the others hold an approved Level 2.
Age 3 and over1:8Where no qualified teacher, EYTS or Level 6 is working directly with the children. At least one member of staff holds an approved Level 3.
Age 3 and over1:13Where a qualified teacher, EYTS, EYPS or Level 6 is working directly with the children. At least one other member of staff holds an approved Level 3.

These come from the Early Years Foundation Stage statutory framework and apply in England only. Scotland and Wales run separate frameworks with different requirements, so if you operate across a border you cannot reuse these numbers.

The part people miss: ratio is about qualification, not headcount

A ratio is not satisfied by bodies in a room. Every line in that table carries a qualification condition, and it is the condition rather than the number that usually causes the problem.

Two examples of rooms that look compliant and are not:

- A two-year-old room with five children and one member of staff who holds a Level 2. The number works. The room does not, because there is no approved Level 3. - A baby room with six children and two staff, both Level 3, neither of whom has under-twos experience or baby-specific training. The number works. The qualification condition does not.

This is why the vacancy that hurts most is rarely the assistant. It is the Level 3, and particularly the Level 3 who can lead a baby room.

Why 1:13 is not the saving it looks like

The jump from 1:8 to 1:13 for over-threes is the single biggest capacity lever in the framework, and it is the most frequently misapplied.

The qualified teacher or Level 6 has to be working directly with the children. Not in the building. Not doing paperwork in the office. Not covering a show-round. The moment they step out of the room to deal with a parent, the room reverts to 1:8, and if you were staffed for 1:13 you are now out of ratio.

Settings that plan around 1:13 without planning for what happens during the manager's meetings are the ones that get caught.

What the manager has to hold

The manager of a setting must hold an approved Level 3 or above. Managers appointed on or after 4 January 2024 also need a suitable Level 2 maths qualification within two years of starting.

Level 5 is not a statutory requirement, but most nursery groups now expect it for manager and increasingly for deputy roles.

Working out what you actually need

Take each room in turn and ask three questions:

1. Numbers. How many children, at what ages, at the busiest point of the day? Not the average. The peak. 2. Level 3 cover. Is there an approved Level 3 in the room at every moment it is open, including lunch cover and the school run? 3. Level 2 proportion. Is at least half of the remaining staff at Level 2?

The second question is the one that fails. A room with one Level 3 is a room with no Level 3 the moment that person is off sick, on leave, or downstairs settling a new starter. Most settings that describe themselves as "just about coping" are coping with a single point of failure.

The staffing reality behind the arithmetic

None of this is theoretical. In a survey of 714 providers in June 2025, the National Day Nurseries Association found that 69.8% could not staff to full capacity, and 92.7% had vacancies for Level 3 qualified staff. The average setting was short 4.2 full-time staff, and reported it could take 13.1 more children if it were fully staffed.

That last figure is the one to sit with. For most settings the binding constraint on income is not demand, and not premises. It is a Level 3 vacancy.

Where recruitment fits

If your ratio depends on one Level 3 per room, then every Level 3 vacancy is a capacity problem with a deadline attached, and filling it with a rotating cast of temporary staff solves the arithmetic without solving the problem. Children in early years settings do better with consistency, and inspectors ask about stability for the same reason.

We place permanent staff only, which is a deliberate position rather than a limitation. See recruiting a Level 3 practitioner, or tell us about the vacancy and we will tell you within a day whether we can help.


Ratios change. This page reflects the Early Years Foundation Stage statutory framework for England as at August 2026. Always check the current framework on GOV.UK before making a staffing decision, and note that Scotland and Wales operate separately.

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