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looking after friends child

(18 Posts)
chercher Mon 19-Feb-07 14:42:36

my friend has asked me to look after her little boy for two days a week until september when i go to college, i've aggreed and am starting next week. she was going to send him to a child minder who was going to charge £24 a day but when she went for the visit she wasnt happy with the lady's house (wasnt very child friendly, looked and smelt like people smoked in the house etc) so do i need to tell anyone that i am looking after him (to pay tax or anything, im not on any benefits so wouldnt affect that) also is £24 (thats what she offered me)a reasonable amount to ask for as thats what she was going to pay cm? think he'll be here from 8 untill 5 or 6.

Hulababy Mon 19-Feb-07 14:49:35

I think it is as soon as she starts paying you for regular minding that you may potential get yourself into trouble if you don't register yourself as a childminder.

jura Mon 19-Feb-07 15:02:15

Message withdrawn at poster's request.

Katymac Mon 19-Feb-07 15:08:41

Unless you do it in her house - you wouldn't need to be registered then

star1976 Mon 19-Feb-07 15:09:31

Only way around it is to look after child at your friends house.

Would think that £24 a day was a little low anyway though for 9/10 hours???????

StrawberrySnowflakes Mon 19-Feb-07 15:17:28

her fee was prob £3 per hour for 8 hours = £24.
you would be in bother if someone 'shopped' you, unless you cared for her LO at her house.

chercher Mon 19-Feb-07 15:22:25

thanks, god i didnt think id need to register as a childminder if its only a short term thing (at most untill september unless a nursery place comes up before then) and i wouldnt really be making much money after food, activities etc, my mum used to look after my nephew whilst my sister went to work and she didnt have to register as a child minder.
i thought £24 was cheep but thats what she said the cm was charging and im not doing it to make money, just trying to help a friend out.
might have to re-think doing it then, dont want to go through the hassle of getting registered for 6 months max
any ideas what could happen if i didnt get registered and looked after him anyway?

chercher Mon 19-Feb-07 15:24:52

surley its no different than looking after other friends children (which i do on a regular basis) to give their mums a break or for company for my daughter. is it just that she'd be paying me?

Hulababy Mon 19-Feb-07 15:25:11

From googling:

"All people looking after children under eight years of age that are not the parents or a close relative, for a reward must register with Ofsted.

The penalties for illegal childminding are a substantial fine, imprisonment or both."

Hulababy Mon 19-Feb-07 15:25:50

It's the payment bit that is the issue, yes.

Greensleeves Mon 19-Feb-07 15:26:49

Does that include casual babysitting too?

StrawberrySnowflakes Mon 19-Feb-07 16:20:43

thats in the childs home tho..babysitting..i would think?
its the fact you are getting paid for it thats the prob legally

Hulababy Mon 19-Feb-07 16:22:26

I have also wondered when babysitting becomes childminding too. I guess babysitting for money does normally occur in the child's own house though.

I look after friend's children at my house - but not for payment.

nannynick Mon 19-Feb-07 18:18:01

Back in the 70's it was common place for children (like myself back then) to be cared for by neighbours/friends for part of the day, to give my own parents a break.

I am not sure when Registered Childminding first started... does anyone know? I know it was in the \link{ Act 1989}, but it may well have been included in Acts prior to that, such as The Nurseries and Child-Minders Regulation Act 1948, The Child Care Act 1980. Anyway, history isn't really important to answer your question, though knowing why regulation was introduced could help you understand the legal position regarding caring for someone else's child.
Latest Legislation is Childcare Act 2006

The Meaning of 'Childcare' is defined in the Childcare Act 2006 differently to how it was in the past. I would suggest you read Section 18 - Meaning of Childcare .
So I highly expect that you would fall under the act in terms of providing 'Childcare'.

Next stage is to establish what a Early Years Childminder is. This is defined in Section 96 of Childcare Act 2006.
-- From the ACT --
(4) Subject to subsection (5), "early years childminding" means early years provision on domestic premises for reward (and "early years childminder" is to be read accordingly).
(5) Early years provision on domestic premises for reward is not early years childminding if at any time the number of persons providing the early years provision on the premises or assisting with the provision exceeds three.
-- End of quote from ACT --

The important bit there is FOR REWARD. Reward does not mean money. While it often is money, it can include other things, such as a bunch of flowers, box of chocolate, exchange in some sort of service.

In your particular case, the payment of £24 is REWARD in my view.

One thing you have not mentioned is the age of the child. I will presume that the child is aged 5 years or under.

Currently to get around the issue of needing to become a Registered Childminder, you will need to care for the child in the child's own home, as a nanny. Nannies are now included in the Childcare Act 2006, but do not have to register.

For those asking about Babysitting. Babysitting is the same as Nannying, it is childcare provided in the child's own home. Therefore currently it is exempt from registration.

If a childminder were to care for children at their home in the evening (6pm to 2am) then under the Care Standards Act 2000, childminding provided between 6pm and 2am is exempt from registration. See section 79A paragraph 8. Overnight care however needs to be registered - as that would include care after 2am.

IMPORTANT: I am not a lawyer, I am a childcare provider. The above is my understanding of the legislation as it applies to those in England. Please seek professional legal advise if you feel you need it.

nannynick Mon 19-Feb-07 18:19:19

Opps, messed up a link in previous post.
Children Act 1989

chercher Wed 21-Feb-07 21:11:08

thanks everyone, sorry it took so long to reply, the battery ran flat on the laptop and didnt have the power pack to plug it in... im still going to look after my friends little boy until he can start nursery just not take any money for it, bit of a pain because i could do with the money but not worth the risk of getting into trouble... it will be ok me looking after him if im not getting paid wont it? how do i prove im not getting paid though?

StrawberrySnowflakes Thu 22-Feb-07 08:59:14

you can be work/paid for two hours as anything under that time you dont have to be reg charge £12 per hour

maggi Sun 25-Feb-07 00:24:32

StrawberrySnowflakes, I don't think that you'd get away with that legally. Or else why do we all bother to register, and pay out for all the fire blankets, boiler servicing, food probe thermometers etc etc.

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