Police say they will not be laying charges against two eight year old boys allegedly caught trying to start a fire near Maitland in the Hunter Valley.

A member of the public contacted police, claiming to have seen the boys in a vacant block at East Maitland, trying to set fire to a small pile of dry leaves and grass at 6:30pm (AEDT) last night.

The police arrived and allegedly found the boys with a lighter, which did not work.

The boys were taken home to their parents, and police say no charges will be laid due to the young age of the boys.