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Appeal against deregistration as a childminder

36 replies

cmfather · 21/10/2014 21:02

My daughter is a CM, and has recently been told by Ofsted that they will be deregistering her unless she resigns beforehand. The offence was to leave 3 EY children in a locked car at a supermarket for 7 minutes. No harm came to the children, but someone rang the police, and it went from there. The children's parents have now taken them away, and my daughter has to decide whether or not to appeal or to resign. The job is very important to her, and she is obviously more than sorry about leaving the children.

If she appeals and fails, she will not be able to work with children again, but if she resigns, then she could do, but not as a CM. My question is has anyone out there any idea of the chances of such an appeal succeeding, or should she just resign?

Any advice will be gratefully received.

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FlorenceMattell · 23/10/2014 08:45

Agree a massive error of judgement. She should resign.
If she wants to work with children then she should apply for nursery/play group jobs. I would advice her to be honest and admit the error of judgement. Hopefully she has learned from it. Maybe she should book herself in on a safeguarding course? Could put to further employers that the incident made her reflect on her practice. Obviously we don't know your daughter maybe she could work well in a supervised environment?
As a parent you obviously want to protect your child (even when adults) but in truth it is lucky that an accident didn't occur.

Blondeshavemorefun · 23/10/2014 08:29

I very much dount she will ever work with children again as will show up on her Dbs she left children alone in a public place and police were involved

To be blunt no one is their right mind would trust her and employ her again

What on earth made her do it?

It possibly was longer then 7 mins unless police on the scene anyway - but time is regardless

As a paid childcarer registered with ofsted you don't ever leave children alone and certainly not leave them In a Locked car while you go shopping

Sadly I do see this a lot - normally at school when kids asleep in car. Normally mother but if I knew it was a cm I would report

Greenfizzywater · 22/10/2014 23:32

She is very lucky that they are offering her to resign.doctors are not allowed to relinquish their GMC registration while there is a pending complaint, in case they slip back onto the register after things have died down. She should grab this with both hands and make a career in another field, sorry.

AlpacaMyBags · 22/10/2014 23:03

This reply has been deleted

Message withdrawn at poster's request.

Cullercoats88 · 22/10/2014 22:55

She won't win the appeal. It's as simple as that.

I'm a Chidminder, I can appreciate that your daughter is very sorry, but we are paid and trusted to look after other people's children, you simply cannot leave them unattended in a car, even if it was "only" for 7minutes (I use that word loosely because horrific accidents can happen in seconds). I understand that she may feel frustrated because I've seen parents leave children locked in cars outside of tesco/petrol stations/post box and so on, but what parents do is down to them. As the police were called, Ofsted will not consider reinstating her registration. Your daughter will be better advised to resign and perhaps work for a professional childcare company, where she has advice and guidance from a management team, therefore avoiding silly, potentially dangerous, mistakes bring repeated.

I can't emphasise how important it is to put the welfare of children in your care above all else.

Viviennemary · 22/10/2014 14:34

I think it was pretty bad form for a childminder to do this. But I suppose everyone makes mistakes of judgement. I think she should resign. I don't think she has a chance of winning an appeal.

realitygone · 22/10/2014 14:30

There is no way she would win at appeal, not with an admittance of guilt.
Ofsted would say that as she cannot be monitored at all times she is at a very high risk of repeat behaviour.

This occasion she got caught out, I dread to think what has been going on previous to this.

She is best of resigning and going to look at other work. If she isn't being charged by the police she may be able to get nursery work.

LIZS · 22/10/2014 13:50

That is a huge error of judgement. She put her needs and job above the needs and safety of young children in her care. Sorry can't see an appeal working or that she has a future in childcare.

scottishlass92 · 22/10/2014 13:38

This could be a difficult one, there are many reasons why the children may have been left in the car, if she was at the petrol station then surely it's safer to leave them in the car whilst you go in and pay, obviously it would be better to go to the petrol station whilst they're not working.

Could she still see the children?
It could just be something simple like returning a trolley but by the sounds of it it was a poor call by your daughter to leave the children in the car as she was obviously doing more than either of the above.
I think the option to resign would be more beneficial then at least if asked at future jobs why she left her job she can say she resigned because....

Heels99 · 22/10/2014 11:33

She shouldn't be allowed to look after children. She sounds like she is totally lacking in common sense and judgement.

busyDays · 22/10/2014 11:22

Something similar happened to a childminder friend who had a complaint made against her. She was also given the chance to resign or appeal. She was told that an appeal can be a very long and drawn out process, with a possible court hearing and the details would all be made publicly available. She decided to resign as she felt she had been through so much stress already and didn't want her reputation dragged through the mud. She quite quickly found a job elsewhere (non-childcare related) but is thinking about going into nannying in the future. As far as I understand, from what she has said, the incident will not come up on future DBS checks as the police were never involved, although I'm not 100% sure.

Penfold007 · 22/10/2014 08:34

She admits she left the children unattended so what would her appeal be based on?
Her reputation is trashed, be honest would you leave your grandchildren with a CM who'd left her charges alone.

She should resign and work in another field . She's very lucky resignation has been offered.

cheerupandhaveaglassofwine · 22/10/2014 08:27

I wouldn't leave my own kids in a car outside the supermarket and definitely would not leave anyone else's that had been entrusted into my care

She should resign

Jinxxx · 22/10/2014 08:17

If she is in PACEY she could ask there for advice, either from her local group or on the telephone to HQ.

cmfather · 22/10/2014 08:12

Thanks again for the additional comments.

OP posts:
quietlysuggests · 22/10/2014 07:26

This reply has been deleted

Message withdrawn at poster's request.

EhricLovesTheBhrothers · 22/10/2014 07:05

I left my DS in the car once when he was about 3 and was so terrified the whole time that I never did it again. I'd do it now, but he's a sensible 6yo and that's fine. However I wouldn't leave him in the car with any other children, kids together are more likely to mess about.
Fact is, childminders are paid to look after other people's children so they don't get to take risks they might take with their own. Three under 5s in a car for any period of time is risky. It just takes one to unbuckle herself and disaster. I know someone whose 3/4 year old unbuckled himself, took the handbrake off and rolled backwards into another (parked, thank god) car. With children, you often don't know what they can do until they do it.

EhricLovesTheBhrothers · 22/10/2014 07:01

You don't get to ask for the thread to be closed! Mumsnet doesn't work that way.
I'm sorry for your daughter, it must be gut wrenching to lose her job this way but there is no other option, clearly. She made a huge, dangerous error and that's the end of it.

leeloo1 · 22/10/2014 06:57

Whilst this clearly shows an error of judgment, plenty of parents leave their children in cars whilst popping into shops or dropping an older child at nursery etc (I was told by a parent that they could see their 3 year old in the car as the shop windows looked out that way - what? even when you're walking to the shop/going the other way up the aisles you could see her), & if the OPs daughter is aware of people doing this then it may have desensitized her to the risk. Or perhaps she felt it was justified - e.g. thunderstorm, but really needed something? Whatever the reason I'm sure she's kicking herself & bitterly regrets it now!

Anyway OP asked a question, has taken on board the answers and is clearly just concerned for his daughter (& has asked for the thread to be closed). Piling in with criticism is not helpful.

insancerre · 22/10/2014 06:50

I manage a nursery and no way would I ever employ her
The casexwouldcsurelyvshow up on an enhanced dbs so I doubt she would ever get a job with children again
I do monthly supervisions with my staff and I have to ask them each month if they have been subject to any investigation by the police or ofsted or social services.
I hope the ops daughter never works with children again. I'm go smacked that she did what she did

FiftyShadesofScreeeeeeeam · 21/10/2014 22:41

She should not be a childminder. Ever again.

DoughnutSelfie · 21/10/2014 22:39

She may as well resign as her professional reputation will be ruined anyway

An additional thought: Local knowledge of happenings may preclude her from being selected for interviews at other childcare settings locally

cmfather · 21/10/2014 22:25

Thanks to nannynick in particular, and to the others who have posted so quickly. I have looked at other tribunal decisions by following up the link from nannynick. While none is very similar to the case against my daughter, it is clear that the tribunal takes a stern view, as most of you do.

I would now like to ask that this thread be closed.

OP posts:
DaisyFlowerChain · 21/10/2014 22:23

Thank goodness someone rang the police and Ofsted got involved. I can't see them over riding at appeal as the risk of what could happen far outweighs somebody being paid.

nannynick · 21/10/2014 21:24

I have read quite a lot of the tribunal decisions over the years but that does not mean I could predict the outcome of a case.

I would say that resigning is the sensible thing to do, given she does not deny what happened.

There was a case which went to tribunal in early 2014 where a child was left in a car for 5 hours.
SENSITIVE LINK Judgement SENSITIVE LINK

The outcome of that appeal was Appeal Denied.
At the time of the hearing, the appellant was awaiting trial in the magistrates’ court for wilful neglect of a child pursuant to section 1 (1) of the Children and Young Persons Act 1933. Outcome of that is unknown.
Whilst the timescale involved is different, what happened is similar - children left in a car - so your daughter is lucky not to have been charged with wilful neglect (I presume due to it not being for that long a period of time) and thus should think carefully about accepting Ofsted's offer of resigning.

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