Confused by Childcare?

You've probably heard in the news about the two female police officers who have been told they are breaking the law by looking after each other's children. Has it made you wonder where you stand?
The women were told they were violating the Childcare Act as they were caring for each other's children for more than 2 hours a day so that they could return to part time work. This arrangement was said to be a 'reward' and as such, constitutes falling under Ofsted's rules governing childcare.
The story has left us confused - are we allowed to invite our childrens' friends round for tea on a regular basis if they're going to stay for more than 2 hours? Can we still host sleepovers? Can we leave our kids with our own babysitters, or indeed friends babysitters?
Confused? We were...
Here we've explained the rules on looking after someone else's children (obviously if you're actually setting up a childcare business, then different rules apply - visit Ofsted's website for more info).
Am I breaking the law?
- You can carry on as normal and don't need to worry about potentially breaking the law if:
- You look after children who are 8 years old or over,
- You only look after children for less than 2 hours a day,
- You are related to the child (this applies if you are a grandparent, aunt, uncle, brother, sister, half-brother, half-sister or you're related through marriage or a civil partnership)
- If you only provide care between 6pm and 2am on domestic premises (which means your own or someone else's house - so babysitters are fine!)
What is a reward?
Ofsted's guide says you don't need to register if you care for children under 8 years old at your home or at someone else's home, as long as you don't receive any payment or reward. So it seems that this means you can invite friends round for tea, have sleepovers and so on without worrying. But the confusing bit is what is classed as a reward - in the case of the police officers, their job sharing arrangement was judged to be a 'reward' although the mothers never paid each other.
An Ofsted spokesperson told the BBC that a reward can be money changing hands, a supply of services, a supply of goods or some reciprocal arrangements, like the mothers' childcare arrangement which meant they could both go back to work.
It has been reported that Ofsted is currently discussing the interpretation of the word 'reward' with the Department for Children, Schools and Families
The 14 day rule
Another confusing part of the guide is that if you care for children under 8 'on specific premises' (which means in the same place) for 14 days or less in a year you don't need to register with Ofsted - even if you're receiving payment or a reward. But you do have to let them know in writing at least 14 days before the care starts.
If you're not receiving a payment or a reward you can carry on without worrying for as many days as you like (according to the rules above).
If you're receiving a payment or a reward for looking after children for more than 14 days per year then you do need to register with Ofsted - unless any of the above rules apply (for example the children are over 8 or you're looking after them for less than 2 hours per day).
For more specific information, visit Ofsted
Tagged: Childcare
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