Financial & Legal News

Running Day Nurseries and Pre-Schools

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Setting up and operating a Day Nursery or Pre-School involves a wide range of knowledge, experience and skills. Owners and Managers are subject to various legal obligations and take on a substantial degree of responsibility - they are, after all, looking after other people's children.

Setting Up And Running A Day Nursery

Pearson Solicitors acts for a number of Day Nurseries in the North West and has extensive experience of the legal issues involved in their successful operation.

If you want to set up or buy a nursery, we can help you deal with the full range of legal issues and obligations. We can also help with the day-to-day running of the operation including trading agreements and employment issues.

Here are some examples of what we can help you with.

Acquisition Of A Nursery Business

  • Negotiating the Heads of Terms for the acquisition
  • Undertaking thorough research to ensure the business is worth the asking price ("due diligence")
  • Advising on issues that arise during the due diligence process
  • Advising, and negotiating on your behalf, the Share Purchase Agreement or Business Transfer Agreement (depending on whether it's a share or asset deal)
  • Advising on any issues that may arise during the transaction and negotiating a price reduction or an alternative structure for the deal if necessary

Property Issues

  • Acquiring appropriate premises or adapting an existing building
  • Planning issues related to the use of the building as a nursery or pre-school
  • Funding arrangements for the business and property purchase
  • Drafting and negotiating an appropriate lease for the property

Commercial Law Issues

  • Drafting shareholder or partnership agreements
  • Preparing trading contracts including reviewing trade contracts for the purchase of goods and services
  • Drafting contracts with parents/carers for the care of their children including payment terms
  • Advising on best practice for trading and operating your business

Employment Law Issues

  • Setting up suitable employment contracts for your staff
  • Drafting workplace policies
  • Drafting policies for the benefit of your parent clients

Other Considerations

  • Meeting Health and Safety Regulations
  • Establishing minimum hygiene standards and ensuring standards are maintained
  • Meeting a the appropriate standards of care and education considerations (for example, Ofsted requirements)
  • Establishing codes of conduct and codes of ethics for the delivery of your services to a minimum good standard

Dispute Resolution

  • Disputes happen from time to time – for example, with parents in relation to your provision of services, or with suppliers. Early advice on how best to deal with these disputes can help to resolve these issues with the minimum possible disruption and cost.


To discuss your particular requirements, contact us on 0161 785 3500 or make an enquiry.
For queries relating to an acquisition of a nursery, contact Keith Kennedy on 0161 684 6942 or make an enquiry.

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.

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