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The 2 Hour Rule - How do you intrepret it?

(7 Posts)
nannynick Wed 30-Sep-09 18:54:27

~~~ Quote from the Exemptions ~~~
Exempt childminding
3.—(1) The circumstances referred to in articles 2(1) and 2(3) are where a person makes the provision(2)—
(a)for—
(i)a child or children for particular parents, wholly or mainly in the home of the parents, or
(ii)a child or children for particular parents (“the first parents”) and, in addition, for a child or children for different parents (“the second parents”), wholly or mainly in the home of the first parents or the second parents or in both homes;
(b)for a particular child for two hours or less per day; or
(c)only between 6pm and 2am.
~~~ End Quote ~~~

Interestingly though I've just spotted that (b) says "for a particular child" not CHILDREN. So where care is for more than one child, even if they are from the same family, then it seems as though it could be illegal.

How do you interpret the above, in particular (b)?

squirrel42 Wed 30-Sep-09 19:18:07

As I understand it the rule says two hours for a particular child, so the "stopwatch" starts when you take child A at 9am and you could then wave them off at 10:59am, pick up child B and have them until 12:58pm, pick up child C and have them until 2:57pm and so forth. Otherwise it would (or should?) be phrased as you can only provide two hours of care per day and "particular children" wouldn't come into it.

squirrel42 Wed 30-Sep-09 19:19:43

Just checked the Ofsted "registration not required" leaflet and they see it that way too:

You don't need to register "If 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."

nbee84 Wed 30-Sep-09 19:31:37

I think Nick is questioning whether you can have 2 (or more) children at a time for less than 2 hours.

IMO - yes, you can as long as it is for less than 2 hours.

nannynick Wed 30-Sep-09 23:14:59

nbee84 - yes, I was more asking the question with regard to it being Children rather than Child.

Squirrel42 - Interesting that the situation you describe is now permitted, as I don't think it was back in 2003 time - as I think back it included a clause about using the premises for more than 2 hours. I will need to look at the old stuff again to check that.

Seems a bit odd if you can run a childcare setting and not have to register as long as the children never stay there more than 2 hours. Mind you, it would then stop them having to regulate most crèche's. They regulated crèche's in 2003, do they still regulate them now?

Katymac Thu 01-Oct-09 07:36:18

Not my 'less than 2 hr' LA creche - it's non-regulated

squirrel42 Thu 01-Oct-09 09:15:31

No [most] creches are another exempt category now - "If 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. This type of provision has no long-term commitment to provide care for children – for example, a shoppers’ crèche, a crèche attached to a sports centre or adult learning centre, or an exhibition – and covers services where children do not necessarily attend every day."

Frankly I don't see why creches should be exempt from registration. Ad-hoc care like that can lead to children being quite vulnerable since staff will often not know the individual children as well as a childminder/nursery staff would. Fine EYFS learning isn't really relevant, but if they aren't doing things like recording emergency contacts or allergies then children could be put at risk.

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