Home About Out and About Events

What is happening now?

In 2016, the Education Act was changed to allow home-based ECE and out-of-school care to occur in an educator’s home at the same time. 

Up to six children (aged 13 or younger) can be present in a home.  Of these six children, up to four can be present in the home to receive licensed home-based ECE.  An educator’s own child under the age of six is counted as part of the maximum number of children allowed to receive home-based ECE.  An educator’s child who is enrolled in school is not counted as part of the maximum.

Why is it a problem?

There is limited information about how out-of-school care is currently operating.  School-aged children are only likely to be present before 9 am and 3 pm during term time and full-time during school holidays. 

Allowing home-based ECE and school-aged children to be present at the same time increases the number of children an educator is responsible for at any one time.  Because only one adult is normally present, a higher number of children may impact on the educator’s ability to provide education and care and to maintain health and safety.

What changes are we proposing and why?

  • Include the educator’s school aged children (aged 6-13) in the maximum number of children who can be present in the home while home-based ECE is being delivered.

This limit would apply to all educators who have school-aged children present.  It may mean that some educators can no longer provide home-based ECE to children.  This is because ECE may be limited to the hours their school-aged children are at school, or it may reduce the number of ECE-aged children able to be in the home. 

The Ministry does not currently hold information about educators or their children, so we are unable to estimate the impacts of this proposal. 

What we would like from you

We are seeking your views on the proposed change to include educators’ school-aged children in the maximum limit.


If you are a parent with children receiving home-based ECE and out-of-school care at the same time, how might these changes affect you?


How would this change affect you?

Service Providers

How would setting limits on the number of children in the home affect your service and the families who use it?