Need to register somewhere? Pay tax?

any provider who is unable to register on the Early Years Register or compulsory part of the Childcare Register (for example providers who are exempt or whose care does not fall to be registered). This includes:
 home-based care (nannies)
 activity-based settings
 short-term care
 care which is only for children aged eight and over.
However, one of the requirements to join the voluntary part of the Childcare Register is that the childcare is provided:
 in respect of a particular child for a continuous period of at least two hours or
 as part of arrangements whereby childcare is provided:
 for a period ending at the start of normal school hours, or beginning at the end of normal school hours or
 for a continuous period of at least two hours.

Taken from ofsted website only over 8's for childminders

voluntary register applies to children over 8

why not ring ofsted as just reread all information about voluntary register and it stipulates it must be for AT LEAST 2 hours not under 2 hours also says in a child's own home which is what you are suggesting I know another childminder who started off like this as alot les jurisdiction

Morloth, you are beginning to get the idea

Finding the history of childminding is proving to be a bit tricky. Sue Owens wrote her doctorate on the subject - so expect some of her books will contain some of the history.
Effectiveness of Childminding Registration and it's implications for private fostering contains some history.
"Childminders have been subject to regulation since the Nurseries and Childminding Regulation Act 1948. Effective registration did not, however, occur until the Health
Services and Public Health Act 1968."

Here ends the history lesson

Yes, has to be under 2 hours, if taking place at the home of the carer, rather than the home of the child.
Completely for free isn't really an option as it would be hard to prove that there is no form of reward going on.

Childcare in the child's own home is currently unregulated. Nannies like myself for many years have been unregulated. Now we can choose to be regulated, but it is still optional. One day I expect a government will find a way to not make that optional any more.

Just because something has been happening for years doen't make it right, or in this case legal

That is the law, and that is that. I am just stating it for the benefit of those that are misinformed - take it up with your MP if you disagree.

Interesting about the regulation since the 1970s. Tell tell Nick. Honestly, I'm putting you forward for a ministerial post.

Knowledgable and diplomatic to boot.

Fadge
People have been helping out friends by looking after their children for eons. And it's not going to end anytime soon. Parents understand the risks.

I totally agree with Morloth re the overregulation.

"Illegal childminding give us properly Registered Childminders a bad name and also puts us out of a job!"

Which is why the most likely person to report an unregistered childminder, is a registered childminder.

What if no one registered as a childminder... then maybe no one is likely to report it.

We have had some form of regulation since the 70's. What happened before then? Why did it become regulated?

It is illegal to use an Unregistered Childminder, you would be putting yourself at risk of prosecution. Also putting their child at risk as you won't be CRB checked, nor all over 16s in the house, won't be insured, and probably wouldn't be Fisrt Aid trained.

Unregistered Childminding is employing anyone over 2 hours a day to care for your child in their own home for reward - be that money, a bunch of flowers, a spa voucher, or doing something in return.

Illegal childminding give us properly Registered Childminders a bad name and also puts us out of a job!

Believe me there are "busybodies" or as I prefer to call them, law abiding citizens with a legitimate concern - who will report people they suspect of minding illegally.

I would and I have.

In 2003, The Telegraph reported that "Ofsted had taken 345 enforcement actions to insist on urgent reforms, a third against unregistered childminders. It had also stopped 175 nurseries and childminders from operating and issued 27 court orders." (Source: Telegraph.co.uk)

In 2002, a woman from West Kensington was convicted of unregistered childminding. She was fined £1500 plus ordered to pay court costs. See this Guardian article

In 2003, The Telegraph reported that "Ofsted had taken 345 enforcement actions to insist on urgent reforms, a third against unregistered childminders. It had also stopped 175 nurseries and childminders from operating and issued 27 court orders." (www.telegraph.co.uk/education/main.jhtml?xml=/education/2003/08/23/tenmind23.xml Source: Telegraph.co.uk)]]

In Scotland rules are a bit different, but they do have an unregistered childminder who has been fined - 29-June-08 Scottish Childminder Still Looking After Kids Despite Fine - She was fined £400, but this newpaper reveals that she is still childminding without being registered.

So clearly a fine of £400 isn't much of a deterrent.

Technically (however unlikely) social services could prosecute for neglect if a parent knowingly left their child in unregistered care.

Oh I don't mind Harriet
I also do wonder how often this sort of thing would get to a prosecution level.

Yes, probably the best legislation to read is Care Standards Act 2000 where under 79A(7) you will find the 2 hour rule. 79C(7)b defines the fine level - Level 5. Level 5 = £5000

The number of prosecutions I expect is quite low. Ofsted will tend to take a soft approach at first, requiring the person to either cease what they are doing, or registering as a childminder.

The Care Standards Tribunal does publish some Decisions (database offline today) - but they tend to be cases where Ofsted have registered someone and subsequently have found them to be unsuitable. I do not know if there is anywhere where figures or case details can be found for how many unregistered childminders Ofsted have successfully taken to tribunal or a court.

sorry Nick I'm in a semi grumpy mood today. i am actually curious though.

So is it actually an offense for which you could be fined/arrested/whatever to ignore this two hour rule - I am not trying to be controversial, I'm trying to understand what would actually happen in this case. They would have a lot of people to prosecute, in my view.

Agree that it makes things complicated. Possibly would be better if Government decided to change how they defined childminding. But for now, we are stuck with the 2 hour rule.

The regulator does not see this as being "just a favour for a friend" as the OP phased it. A favour for a friend the regulator feels does not occur on a frequent basis... collecting a child from school every school day is different to collecting a child from school for a playdate. A line has to be drawn somewhere, and Government has decided that it is at day 6 that they draw the line.

There are several ways around it which have been mentioned on this thread.

But 5 pm wouldn't work for a school pick up would it?

I honestly cannot believe there would be a busy body determined enough to check up on whether this woman is working from her house or the parents'. It would, I suppose, require someone to follow her out of the school gates a few times and see what is what.

I am really coming to think, reading some of the threads on here, that things are being unneccesarily complicated for parents indeed.

busymum - that won't work alas, as the issue is the amount of time involved and the location at which the care is provided.

As we now have more details, easiest thing would be for the nanny to pick up the child at say 5pm. Then the number of hours involved will be under 2 hours.
The other option is not to go take the child to the house - instead go to the park, library etc. Easier during summer - not so good in winter.