To consider raising this? Smoking in car

[Napssszzz]

So yesterday I pulled up to nursery ten minutes early. Waited in the car. Car pulls up next to me and in the passenger seat there is a woman smoking a cigarette. Her window is about two inches open. All other windows appear shut. Man gets out, goes in to collect child, so about two minutes after she's finished smoking, without even any airing of the vehicle (yes I know, particles on car seat etc), child is put in the back. They appear to be the child's grandparents.

Do I take it as a one off as I've not seen it before (despite the fact they appeared perfectly comfortable with what they were doing), and leave it alone? Or do I raise it with nursery? Or something else?

My intention would be to protect the child, not vilify anyone for choosing to smoke, nor do I get kicks out of dobbing people in I'm hardly perfect myself...

Aibu to consider doing something about it?

Obviously it's bad, but is it illegal? What could you even realistically do about it? It's up to them and their conscience and they've made the choice.

Well I think it's pretty irresponsible but is there anything anyone can actually do about it? Who would you report it to?

It does seem to be illegal

‘ The Children and Families Act 2015 made smoking in cars with children an offence. The law makes it clear that it’s illegal to:

Smoke in a private vehicle with someone under age 18 present
Fail to prevent smoking in a private vehicle with someone under age 18 present
The law doesn't apply to a convertible car with the roof completely down but does apply to all vehicles 'wholly or partly enclosed by a roof', and still applies:

If you have windows or a sunroof open.
If you have the air conditioning on.
If you sit in the open doorway of the vehicle’

But I have no idea who you’d tell? The police non emergency line? Would the nursery actually want to get involved in something off their premises?

@LadyEuphemia

It does seem to be illegal

‘ The Children and Families Act 2015 made smoking in cars with children an offence. The law makes it clear that it’s illegal to:

Smoke in a private vehicle with someone under age 18 present
Fail to prevent smoking in a private vehicle with someone under age 18 present
The law doesn't apply to a convertible car with the roof completely down but does apply to all vehicles 'wholly or partly enclosed by a roof', and still applies:

If you have windows or a sunroof open.
If you have the air conditioning on.
If you sit in the open doorway of the vehicle’

But I have no idea who you’d tell? The police non emergency line? Would the nursery actually want to get involved in something off their premises?

But if I've read the OP correctly, they were smoking before the child was in the car.

If you know the child’s name you could contact the HV.
But, to be picky, the child wasn’t actually in the car when they were smoking. And that’s seems to be what the law is saying.

It’s only against the law if the children are in the car at the time. Presumably the child’s parents are aware and don’t mind, so nothing you can do.

Yeah it's gross but no offence was actually commited. To give them the benefit of the doubt it appears that they ensured they had the cigarette before the child was in the car.

Aibu to consider doing something about it?

What would you do?

It's fine, as long as they're not smoking at the same time the child is in the car then they're in the clear.

If you wanted to raise it as an issue you should have done with the people concerned, at the time. You could have knocked on their window and ordered them to air the car before allowing the child in. I'm not sure what action you are going to take in retrospect - tell the nursery that one of the other parents wasn't breaking the law?

It isn't great but they are breaking no laws if the cigarette was smoked before the child got in. I would leave it.

PS I hate smoking and agree what they did was grim.

@DistrictCommissioner sorry brain not actually in gear yet this morning. Yes you’re right as the baby wasn’t in the car there’s technically not a problem.

I’m just remembering how awful DD’s clothes would smell after we’d visited her grandparents when she was a baby. We were only ever there half an hour (they never did any childcare) for a cuppa. There’s no way the mother of the nursery child doesn’t know they are smoking and doing childcare. I guess she’s fine with it.

There is absolutely nothing to be done. You may find it offensive or worrying, but the law only covers children in the car at the time, there is no regulation for afterward. And as they are doing nothing illegal, there is nothing to tell anyone.

What would you tell the police? That someone perfectly legally allowed a child to enter a car where smoking had occurred in the recent past?

Best solution to this is to make tobacco on all forms illegal.

What do you expect the nursery to do about it? Nothing to do with them and nothing to do with you.
I hate cigarettes and don't like people smoking near children but this person did nothing wrong and if their parents are fine with it you should be too.

Agree it’s awful. Even when I smoked I wouldn’t dream of smoking in the car or even the house. How sad for that child. Of course he’s being rammed into a smoke room filled with putrid pungent nastiness. Such a shame but I don’t know what action you could possibly take? I doubt the police would care much or are even inclined to act.

What the hell do you actually plan on doing?

Oh my word, you are being beyond unreasonable. Yes, it's not great, but it's not against the law and quite frankly, on this basis I should be reporting the woman I saw giving her child an ice lolly for breakfast the other day, and anyone who doesn't apply sunscreen on time.

Yuk, smoking in car with children about to enter is icky, but your response is OTT.

What are you “going to do about it”?

and what are the police going to do? Did you take their reg number?

Police? I never mentioned police. I thought nurseries had to note concerns they have about children... ? Thank you to those for have clarified the legality of it though. Guess I'll keep my mouth shut this time.

So what outcome do you want? Social services involvement? Police involvement?

Much as I hate smoking, it is a choice that adults can make.
Nothing to do with you.
Nothing to do with the Nursery.

at the idea police, HV, or SC would get involved.

I thought nurseries had to note concerns they have about children... ?

You do know people smoke in their homes with children? That's children come into nursery smelling not just of cigarette smoke but weed too?