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If you are a NWOC can you work from home?

(17 Posts)
OutragedFromLeeds Wed 15-May-13 21:16:52

Just out of interest really. Nannies can only work a maximum of 2 hours from their own home I believe. With a nanny-share it's standard to split the time between the two homes. So can a nanny doing a nanny-share with her own child and another family work from home half the time?!

mrsthomsontobe Wed 15-May-13 21:19:26

Oh very interesting question keen to hear some answers. As every says oh nanny with own child is nanny share so that should make it ok. But others don't see it as a share so would disagree

ReetPetit Wed 15-May-13 21:39:45

don't think so, as you are not allowed to provide childcare from your own home for more than 2 hours a day for payment. so unless you were literally going to stay in your own home for less than 2 hours at a time i can't see how this would be legal.
The NWOC would be better off to register as a childminder and do everything above board!

nannynick Wed 15-May-13 21:40:25

I would say no, as the nannies home is the home of their child, so they are in essence acting as a childminder for purposes of Childcare Act 2006, that is: being paid to care for a child at the home of the carer.

nannynick Wed 15-May-13 21:43:31

A possible associated question is:
If a NWOC does a nanny share, when they care for children of FamilyA and FamilyB, plus take their own child to work, then does that mean they are a childminder? I do not believe we have established a definitive answer to that one!

OutragedFromLeeds Wed 15-May-13 21:44:27

So it's not really possible to do a nanny-share with your own child? A NWOC situation is a seperate kind of agreement?

OutragedFromLeeds Wed 15-May-13 21:46:47

No we haven't Nick, although I know a couple of nannies who do this and don't put their own child down on the Ofsted forms. I'm not sure what would happen if Ofsted found out.

eeyore12 Thu 16-May-13 07:38:47

You aren't allowed to do a share with family 1 and 2 and take your own child as you aren't allowed to look after children from 3 families at any one time.

A nanny share and a nanny with own child are different arrangements, as in a nanny share- a nanny has to work for two sets of parents following their wishes etc. but nwoc they have one set of parents wishes to follow and their own child has to fit in with that family.

nannynick Thu 16-May-13 11:29:11

A nwoc is not paying for the care of their child, they are an employee of the family they work for, so its not really a nanny share.

OutragedFromLeeds Thu 16-May-13 12:53:01

So when it comes to working from home, it's not a nanny share.

If you're looking after your own child whilst doing a nanny share, they count as part of the share, making it three families and therefore against the rules.

Does anyone have the link to the exact wording of the 'not allowed to look after children from 3 families' thing.

eeyore12 Thu 16-May-13 13:48:59

Here you go, it has just been discussed on another forum so i knew where to find it

Childcare Act 2006.

OFSTED's exemption from registration is for someone caring for children from no more than two families in the home of one of the families. Because a nanny's own child is not specifically excluded they are automatically included as a family, meaning a nanny share between 2 families or a nanny with own child is fine, but a nanny share with two families plus nanny's own child is not.

OutragedFromLeeds Thu 16-May-13 13:57:34

Do you have a link? Does it define anywhere what 'caring' means i.e. does it mention payment?

'caring for children from no more than two families in the home of one of the families'

This is interesting because if the nanny's own child is counted as being a 'family' surely they should be allowed to work from home, as it says they can work in the home of 'one of the families'.

So either your own child counts as a 'family' in which case you can work from home, or it doesn't count as a 'family' and therefore shouldn't count when doing a nanny share?!

nannynick Thu 16-May-13 14:04:44

I think the legislation is in the exemptions to childcare order 2010. Go to www.legislation.gov.uk and search using keywords Exemption Childcare, that should find it.

nannynick Thu 16-May-13 14:07:46

Care provided at the carers own home will always be childminding in my view unless exempt due to less than 2 hour rule.
So to be a nanny someone has to care for children outside of their (the nannies) own home.

OutragedFromLeeds Thu 16-May-13 14:09:43

but then your child shouldn't count as a 'family' for the purposes of nanny sharing? They can't have it both ways can they?

Seb101 Thu 16-May-13 14:18:39

I wouldn't worry if its 'allowed' or not! If this is what you and the nanny would like, who cares what the rules are! What difference does it really make, just don't tell ofsted. I'm really against having rules for the sake of rules. You are the parent, if your happy, nannies happy, kids happy, then all good.

NomDeClavier Thu 16-May-13 18:57:25

Well they probably can. I mean this is the Govt.

I don't think there's a fundamental discontinuity between not being able to provide care in the carer's home and not being able to provide care for more than 2 families at a time. There are 2 separate issues being legislated (for better or for worse) and 2 separate factors.

The law says you cannot provide care in your own home without being registered.

The law says you can't care for children of 3 families without being registered.

A nanny with their own child just happens to fall into both those categories if they wanted to do the nanny share from their house. So the fact it's the home of the child is trumped by the fact it's the home of the carer.

All they would do is tell you to register anyhow, which would give the definitive answer, and then if you didn't I suppose they'd prosecute...

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