On 11th August 2025, Welsh Government launched a Consultation on the Draft Child Minding and Day Care Exceptions (Wales) Order 2026 and the proposal for Voluntary Approval Scheme for Childcare, Playwork and Activity Providers. The consultation ran for twelve weeks and concluded on 3rd November 2025.
Under the Draft Child Minding and Day Care Exceptions (Wales) Order 2026, the provision of religious instruction is primarily addressed within the “Coaching and Tuition” exception.
The draft order maintains “religious or cultural study” as one of the specific activity types that can be exempt from registration as day care. However, the draft 2026 Order introduces stricter limits on how this instruction is provided:
- Registration Threshold for Children Under 5: If a person provides religious instruction to children aged 4 or under for more than 2 hours in any one day, they will likely be required to register with Care Inspectorate Wales.
- Breadth of Activities: A provider is exempt only if they offer coaching or tuition in no more than two activity types from the approved list (which includes sports, performing arts, arts and crafts, school study/homework support, and religious/cultural study).
- Incidental Care: For the exception to apply, any care provided during these sessions must be incidental to the primary purpose of religious instruction.
In addition to that of Cytûn a further 97 written responses were received, alongside 35 participants who contributed through focus groups. The responses reflect a broad range of views from individuals, groups, and organisations across Wales, with representation including the registered sector, unregistered sector, regulatory bodies, and children and families.
Engagement workshops were undertaken with children and young people by Children in Wales. 41 children and young people aged 10-25 engaged in these workshops. Although these workshops will not form part of the formal consultation, it did provide valuable insights, and it is planned that this work will be published alongside the consultation response summary.
Analysis and Decision-Making Approach
Each response has been reviewed and analysed by Welsh Government officials to identify key themes, patterns, and areas of consensus or divergence. Both qualitative and quantitative feedback was analysed. Cytûn supported the principal of better regulation and the maintenance of exceptions to support faith based and other voluntary sector support for children, and also their parents who may themselves be participating in religious or other activities. We also noted with Welsh Government that there is currently a lack of clear empirical evidence that a change is necessary and that changes may have unintended consequences and put current provision at risk.
Churches and organisations may wish to consider the impact these changes may have on their individual provision and programmes.
Voluntary Approval Option
Under the proposed changes providers of religious instruction who remain exempt from mandatory registration (e.g., those operating for less than 2 hours) may choose to join the new Voluntary Approval Scheme. This allows them to demonstrate they meet basic safety standards, such as DBS checks and safeguarding training, and enables participating families to claim Tax-Free Childcare or Universal Credit childcare support.
Churches and organisations with the necessary capacity and expertise may wish to consider how this scheme could support their ministry.
Next Steps
The next steps for Welsh Government involve further testing and discussion with the Minister for Children and Social Care. They are committed to keeping stakeholders updated as this work progresses and Cytûn will cotinue to enagge with officilas. Analysis of the consultation responses on the proposal for a Voluntary Approval Scheme for Childcare, Playwork and Activity Providers, will be undertaken next.
Key Timescales
Churches and other Christian groups providing childcare as an incidental service should note and be aware of the continued work in this area of public policy.
- Summary of consultation responses to be published end of January, or as soon as possible thereafter.
- Order to be laid in the Senedd in February 2026
- Scrutiny by Legislation, Justice and Constitution Committee
- It will be debated in the Senedd
It is anticipated that the draft 2026 Exceptions Order, if passed by the Senedd, will be made in April 2026, and come into force in April 2027 and will be fully enforceable by April 2028 following a year transitional period.
Cytûn will continue to monitor this area of policy and represent its balanced position of welcoming improvements to provision without putting current programmes in jeopardy. We will also continue to call on government to ensure that all the consequences of proposed changes in regulation are risk accessed and undertaken upon a sound foundation of clear evidence of best practice.