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Unregistered childminder

(10 Posts)
IAmAShitHotLawyer Wed 05-Aug-15 22:14:33

Is it illegal to take money off people for childminding when you are not registered?

MilkChocolateButtons Wed 05-Aug-15 22:38:40

Yes you have to be ofsted registered to provide home care with payment. However if you care for the child in their home as say a nanny then no it's not illegal.

Cindy34 Wed 05-Aug-15 22:42:35

Depends if they fit the definition of Childminding.
There are various exemptions to the Childcare Act 2006, so depending on where, when, how long for, age of children, it may or may not breach the relevant legislation.

This assumes you are in the UK, in other places there may or may not be any control over providing childcare.

In the UK each country has it's own regulator, so for further information you would need to look at Childcare Act 2006 plus various SI's and information from the regulator in the country concerned, such as Ofsted if in England.

Gusthetheatrecat Wed 05-Aug-15 22:43:38

I think there are some other exceptions, if the children are over a certain age, if you are a close family member, and / or if you only do under a certain number of hours per week. Pretty sure the Ofsted website will have a good list of people who are exempt from being required to register.

Cindy34 Wed 05-Aug-15 22:45:29

So answer to your question is Maybe. Need a lot more information before being able to come up with anything more conclusive.

Even if it is against the law, the regulator may take a soft approach and simply request that they stop and register before continuing.

WYorksLass Thu 06-Aug-15 08:46:50

As others said there are exceptions.
But if you are operating illegally its punishable by prison and/or £5,000 fine. So a serious offence.

Blondeshavemorefun Thu 06-Aug-15 12:45:40

Generally yes tho if under 2 hrs a day then no - plus also an age limit - possibly over 8's

nannynick Thu 06-Aug-15 13:38:20

As Cindy puts, need a lot more info.
Google: Ofsted Registration Not Required
That should get you more details about what does not fall under regulations in England.

MrsCs Thu 06-Aug-15 13:52:58

Your user name is ironic

foolonthehill Thu 06-Aug-15 22:31:17

No registration required in England if........

1If you care for children who are aged eight and over.
2If you provide care where a child does not stay with you for more than two hours a day, even if your childcare service is open for longer than two hours.
3If you only care for a child or children aged under eight who you are related to.
4If you care for children aged under eight on domestic premises as a childminder without receiving any payment or reward for your services. Domestic premises can be your own home or someone else’s home.
5If you only care for a child or children as a foster carer
6If you only care for the children of one or more friends in your own home or someone else’s home: and if no money or payment changes hands;
or for three hours or less per day, and some payment is made.
&If you provide care for children in their own home. This includes caring for children of up to two sets of parents completely or mainly in one or both sets of parents’ homes.
9If you only provide care between 6pm and 2am on domestic premises (babysitting arrangements). Domestic premises can be your own home or someone else’s home.
10If you are providing a home-education arrangement
11If (excluding childminders) you provide no more than two activities from the following list.
School study support or homework support
Sport
Performing arts
Arts and crafts
Religious, cultural or language study
This only applies if you care for children who are aged three and over, and you do not care for children aged under five for more than four hours in any one day.
12If you provide care as part of your organisation’s activities in any of the following places.
A children’s home
A care home
A hospital in which a child is a patient
A residential family centre
A young offenders institution or secure training centre
A residential holiday scheme for disabled children
13If you are a school or academy that provides education or care for children aged two and over, where at least one child being cared for is a pupil of the school.
14If (excluding childminders) you care for children under eight for four hours or less each day and the care is for the convenience of parents who plan to stay on the premises where you are providing care or within the immediate area. T
15If you provide an open access scheme for children who are not in the early years age group . t.
16If (excluding childminders) you care for children under eight from specific premises for 14 days or less in any year, and you let us know in writing at least 14 days before starting the service.
17If you care for children between 6pm and 2am in hotels, guest houses or similar places.
18If you wish to operate from an open space or other area with no building (for example as a forest school) you must still register with Ofsted

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