To expect a childminder not to break the law

[Reallytired]

My son who is 5 years old and 111cm high told me that the childminder made him sit in the front seat of a car with just an adult seat belt. I believe him because I don't think he has any reason to lie. He has no idea what the law is on children and car seats.

I am furious because we always use a booster seat when my son goes in a car. The law states that children who are under the age of 12 and under 139cm tall should use a suitable child restraint.

My gut feeling is that my son is not going to that childminder again.

Do you think that I have grounds for a formal complaint to OFSTED?

I am sure it is in the NCMA contract (on page 3 towards the botttom) that states I will transport your child in the appropriate car seat/restraint

I would talk to the childminder first as your son may have been sat on the front seat but not actually travelling anywhere. Then I would take it from there as complaining straight to ofsted could ruin a reputation of a childminder. Then you are well within your rights to complaint and should so to let other parents know what they are letting themselves in for.

I have asked him and he says that he travelled in the front seat. I don't mind if he is in the front seat, provided that

a) The air bag has been disabled.
b) He is in an appriopate booster seat.

I have a spare car seat that I could lend the child minder. I assumed that she planned to walk the kids from school as she had not asked me for a child seat.

I have tried to phone the childminder to get her version of the story, but she isn't in.

I train taxi drivers too sometimes (am a salt with people with SN) and a good one is worth their wait in gold. still feel that no driver should be alone with a vulnerable child for the sake of BOTH parties.

CRB checks mean eff all as most paedophiles don't have criminal records (discovered as a result of my research this week)

As I have discovered this week,transporting my child to and from the unit, very often it isn't the same taxi driver.Quite often a stranger turns up and there has been no notification of the cxhange from either taxi firm boss or Edu authority. I watched a 4 year old child get into a taxi alone with a bloke he's never met today who wasn't rerally clear on where he was going. Chilled my blood.

RT,have entered discussins with Soc for Prevention of Accidents and also Minisrt of Transport. Disabling airbags is NOT safe. I will link you to relevant factsheet...

Here

Thats really bad I'm a childminder but it's in the ncma contracts about approprate child seats ect.

She was NOT fullfilling the contract and I would terminate personaly! Even if this was the only thing (issue right word??) you had she had misused your trust. I would def contact Ofsted and put in a complaint that will make her think twice about doing it again

It's not expesive to get car seats now if money was an issue grrrr

FGS talk to the woman before you do anything. How would you like your professional reputation trashed on the word of a 5 year old? There may have been a good and valid reason for her not using the car seat on an isloated occasion (which is within the law anyway)and if you have been happy with her up until now at least do her the courtesy of seeing what she has to say.

you need to confirm accuracy of what your son has told you. If true then sack her immediatly and report to Ofstead, and no, I would not pay 4 weeks notice for gross misconduct and breach of contract.
I would also let parents of other mindees know what she did too - their child could be next.

Oops.. never been any good and reading small print!

totally agree with Madamez, talk to her

moondog - that is terrible. My mum works in the council department dealing with school transport (many of which are private hire vehicle contracts) near us. They have to provide suitable car restraints for all children, when required and my mum (or colleagues) have to go out and do inspections and checks on them.

You need to speak to the childminder about it before taking any action IMO.

However even if a one off there would have to be some really extreme reason for me to be satisifed. As far as I am concerned no car seat no car journey. It is that important to me nowadays. We even use boosters for short taxi journeys, etc.

I would expect a CM to be following the guideleines to the tee, every time.

Moondog, around here it is standard policy that children being taken to school by taxi (paid by local authority so I would think similar to your case) have a chaperone. Makes total sense.

Re childminder, a friend recently saw a childminder getting in the back of a car with a baby mindee on her lap and just put the seatbelt around them both

The taxi driver was also breaking the law IMHO - the driver has to ensure that child passengers are appropriately restrained before driving off. Adult passengers take both types of risk (being possibly injured in a crash or the chance of being fined) if they don't belt up.

I just don't get the car seat thing! You would think that anyone under a certain age, would just take it as read that you use a car seat. I don't know if its the same at every hospital, but at ours you can't even leave the maternity unit until a nurse is satisfied you have the correct car seat for your new baby! Why is it so hard for people to understand this. I didn't take a whole load of notice about the 'new rules' because they were the same rules that I'd always lived by anyway! It just does not make sense. What will it take for these people to sit up and take notice? Maybe a bit of advertising showing what happens to a child when they are flung head first through a windscreen.

I'm going to climb down off my soap box now!

book - In a taxi if a child restraint is not available then the child may travel unrestrained in the rear. Its the parents responsiblity to provide a child seat. I think.

moondog - I'm really surprised- ds1 has done the whole taxi, then bus thing. The rules here are appropriate child seats (so high back for littlies then boosters), and escorts whether with taxi drivers or buses.

(Just to let you know how another LEA do it- and ours will cost cut at the first opprotunity )

Could it be it was just a different sort of booster to what your ds is used to ? Or maybe she had another child unexpectedly and didn't have sufficient (not the greatest of excuses admittedly). Do double check the story before telling her it isn't on .

YANBU

I would find another childminder straight away.

I have a friend who always says "oh we do it all the time" with their own child on laps etc (9 months) which is fine for them, but I certainly dont want to take the same risks with my precious DS.

so have you spoken to your cm?

AS has already been said your CM will have a complaints procedure. I'm a CM and I would never jeopardise the safety of mine or anyone elses children! It is against the law to have a child so young in the front of a car anyway. Personally, even as a CM, I would not take my child back there. There are enough of us about.

Paddington, it is not against the law if they are using a suitable child restraint and are not rear facing with an active airbag. Not recommended safety-wise but that is something else.

Even forgetting the law, why don't some people want to protect their children when in the car???

My mistake, it did used to be against the law for a child under 14 to travel in front seat. But law aside, who would jeopardise the child's safety by putting them in the front? Much safer and wiser in tha back and the CM should have been a little more sensible. (Actually a lot more!) If I can't get all the kids in my car strapped in properly in the back, we don't go out!!