It depends: maintained nursery schools must designate a SENCO, while private and voluntary nurseries are ‘expected’ to identify one under the EYFS framework (Sept 2025). All providers must support children with SEND.
The legal line: ‘must’ versus ‘expected’
The phrasing matters because the duty is not the same for every setting. A maintained nursery school is a school, so it falls under section 67 of the Children and Families Act 2014: its governing body must designate a member of staff as the SEN co-ordinator (SENCO), the person responsible for co-ordinating provision for children with special educational needs and disabilities. A private, voluntary or independent (PVI) nursery is not a school, so section 67 does not bind it. Instead, the EYFS statutory framework (in force 1 September 2025) says at paragraph 3.76 that group providers other than maintained settings are expected to identify a SENCO. That is a strong national expectation an inspector will look for, not the same statutory ‘must’.
What every provider does share
The distinction is only about the SENCO post, not about whether SEND has to be supported. The same paragraph is explicit that all early years providers must have arrangements in place to support children with SEND. That binding duty does not depend on a child having a diagnosis, and it does not change with provider type:
- Maintained nursery school: must designate a SENCO, and that SENCO must be a qualified teacher.
- PVI nursery (group provision): expected to identify a SENCO, and must have SEND support arrangements.
- Childminders: encouraged to identify someone to act as SENCO; a childminder agency or network can share the role.
The qualification point most guidance misses
Where a SENCO is required, the bar is higher. The SEND Code of Practice (paragraph 5.52) sets out that a maintained nursery school’s SENCO must be a qualified teacher. In a PVI nursery the ‘expected’ SENCO does not have to be a teacher; the role is usually held by the manager or a senior practitioner. So the question is really two questions: must you have one, and who can it be? The answers differ by setting.
Why this matters now, and what is changing
For an owner or manager preparing for inspection, the practical implication is that you should be able to name your SENCO and show your SEND arrangements, even though ‘expected’ is not the same as ‘required by statute’. Watch the direction of travel too: the Schools White Paper (February 2026) and the Education for All Bill (May 2026) propose a statutory Individual Support Plan duty that would extend SEND-planning obligations to every nursery. A consultation is open, but no changes are expected before September 2030, so the position above is the current one.
Where the law comes from
Related
This page is general information, not clinical or legal advice.