Legal advice for Childcare and Nursery providers in Scotland

Running a nursery, after school club or other childcare setting can be hugely rewarding; however, it also comes with a high level of responsibility and requires significant commitment. Working in what is a highly regulated sector and with an ever-increasing demand for childcare places, these businesses can often face ongoing challenges, such as cost pressures, staff retention, changing regulatory requirements, and funding issues throughout their business journey.

At Thorntons, we are one of the leading providers of specialist legal advice to childcare providers in Scotland, regularly working with a wide range of providers from single site nursery operators, through to group operators and after school clubs. Whether you are considering buying or selling a nursery or childcare business, entering into agreements with local authorities, expanding into new premises, or having difficulty handling disciplinary or regulatory issues, our dedicated Childcare Team can offer viable and practical solutions that are tailored to your specific goals and objectives.

Our Childcare Team comprises of highly experienced solicitors with expertise in the differing areas of law that apply to nursery or childcare environments. This, alongside our years of experience advising on the unique challenges faced by childcare providers allows us to offer clients a comprehensive and seamless service all under one roof.

We recognise that childcare providers have fixed and busy schedules – that is why our dedicated Childcare Team are always happy to provide advice at a time and in a manner that suits you and your business, whether that is outwith “normal” working hours, at weekends, in person or remotely. This, combined with our transparent and flexible fee structures, gives you access to expert advice whenever you need it.

Our extensive network of other professional advisors also means we can connect you with a number of other experts within the childcare sector, such as accountants, banks and agents, should you require this.

How can Thorntons help?

Our expert team provide childcare providers with advice and support on a wide range of legal and regulatory issues, including the following.

Setting up as a childcare provider

Whether you are establishing your first childcare business or expanding an existing one, it’s important to ensure that you structure your business in the best way to meet your regulatory and corporate commitments, while making sure you have firm foundations for future development.

We can give you pragmatic, expert advice on the different business structures available and can help with putting in place Shareholders’ Agreements or Partnership Agreements in order to protect your interests and generate business value. Furthermore we will work closely with you to ensure ongoing business compliance and readiness for any future development plans.

Buying or selling your childcare business

Buying or selling a childcare business can be complex and stressful time. There are many laws and regulations which govern the care of children, and so if you’re buying or selling a nursery or other childcare setting, the process is not as simple as it might be with other types of commercial matters. For example, as well as carrying out standard commercial due diligence, you will also need to carry out due diligence that is specific to, and takes account of, the various regulatory and Care Inspectorate aspects of the childcare setting in question. As such, having lawyers on your side who understand the sector and know what to look out for can help to make the purchase or sale process easier for you.

Our expert Childcare Team are on hand to guide you through the acquisition or sale process, whether you are a first-time buyer or seller, individual nursery or national group operator. Our client focussed, pro-active approach will help to ensure that your transaction is as seamless and stress-free as possible.

Buying, selling or leasing premises

As a childcare provider, finding the right premises from which to operate your business can be key. Whether you are looking to lease, buy or sell premises, or expand or develop your existing premises, our Childcare Team can help with all of your commercial property needs, including general conveyancing, planning permissions and consents, appealing against planning decisions and lease negotiations.

Regulatory advice

From negotiating local authority contracts to complying with Care Inspectorate regulation, childcare providers are subject to very stringent regulatory requirements. Our Childcare Team can help you meet your legal and regulatory obligations, can check and draw up contracts and policies, and can respond quickly if you are the subject or complaint or dispute, representing you in any investigation and defending you if it goes to tribunal.

Employment law advice

From HR and performance management to staff retention and disciplinary issues, finding and retaining good employees is often a key issue for childcare providers. Our Childcare Team includes dedicated employment law specialists, who are on hand to advise on a wide range of employment law matters, from advice on compliant employment contracts, to effective staff management policies and advice and representation if you are ever faced with the prospect of an employment claim or tribunal. They can also provide training and guidance on any legal changes or specific employment issues affecting childcare settings.

Debt Collection

Court proceedings are commonplace for debt recovery – small claims actions being for debts of £3000 or less, summary cause actions for debts valued between £3000 and £5000, and ordinary actions for debts in excess of £5000. However, other options are available and may be more effective in particular circumstances. Our team can deal with any required debt collection needs, leaving you to get on with running your childcare business and ensuring your all-important cash flow is as continual and uninterrupted as possible.

Retirement planning

Depending on the size and structure of your childcare business and your individual circumstances, planning for your exit from the business can cover a range of issues, from succession planning to trust investment and estate planning. Childcare businesses can be incredibly valuable and it is important to take steps to ensure that any value is preserved wherever possible and effective steps are taken to mitigate any inheritance tax liabilities. Our specialist Childcare Team can advise you on the available options and work closely with you to ensure that your business and personal requirements dovetail together as they should.