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Paid childcare

Discuss everything related to paid childcare here, including childminders, nannies, nurseries and au pairs.

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Original poster

Can I pay someone who is not ofsted registered to look after my dc's?

33 replies

SilveryMoon · 11/12/2010 17:32

I'm a bit out of touch with current laws surrounding this and a google search threw up lots of different answers.

If not, can I have someone who is not ofsted registered look after my children without being paid?

OP posts:

Are your children’s vaccines up to date?

Set a reminder

NJE · 11/12/2010 17:58

Sorry, you won't someone to look after your children and don't pay for it?

NJE · 11/12/2010 17:59

*want

jendifa · 11/12/2010 18:08

Im no ofsted registered ans am paid!!! I think, if you want to pay with childcare vouchers then the person needs to be registered.

magicOC · 11/12/2010 18:12

Your post is a little confusing OP.

No nanny would work for free

In answer to your 1st question - yes you can employ a nanny who is not OFSTED registered, but, the downside is you would not be able to claim childcare vouchers towards the cost of hiring the nanny.

For your own piece of mind tho, I would recommend you make sure she has an up-dated CRB and 1st aid.

BoysAreLikeDogs · 11/12/2010 18:13

how old are the children and are you in England?

BoysAreLikeDogs · 11/12/2010 18:14

and are you talking about a nanny or a child minder?

PositiveOutlook · 11/12/2010 18:14

It is illegal for anyone to look after someone else's children in their home for more than 2 hours a day for payment of any kind, this includes cash, reciprocal care, favours of any kind. The exception is if that person is a close relative of the child ie. A grandparent or aunt.

There is no such law if that person is looking after your child in your home (nanny). There are ofsted registered candies and I believe a person has to be ofsted registered to get nanny insurance.

You should only use registered childcare. The quality of care and the piece of mind it brings is priceless.

Original poster

SilveryMoon · 11/12/2010 18:16

Hi, thanks for replies.
Yes, I suppose my post was a bit odd wasn't it?

Basically, I have recently returned to work, my dc's are 2 and 3 and a friend of mine is looking after them for me.
I trust her completely.
I do pay her, plus I send all food in for my dc's and hers, but as we were unsure of the current laws, so we tell people she is unpaid and is doing a favour.
Obviously we need to address the fact that she needs to declare earnings for tax etc, so does she have to be registered or is it ok to carry on like we are and she can declare her wages to make it legal?

OP posts:

PositiveOutlook · 11/12/2010 18:17

Sorry, error in the above. Meant that you can't look after someone else's children in your home, not their home, unless you are registered.

Original poster

SilveryMoon · 11/12/2010 18:18

My friend was helping me out whilst I was waiting for a permanent contract in my new job, now that I have that, I think I can prob afford registered childcare, but my dc's really like this lady, so would like to continue if possible.

OP posts:

Original poster

SilveryMoon · 11/12/2010 18:18

Ok, so as long as she has them in their own hone it's ok?

OP posts:

onimolap · 11/12/2010 18:21

If she comes to your house, no problem.

A regular arrangement at her house means she will need to register as a childminder.

Original poster

SilveryMoon · 11/12/2010 18:24

Perfect, that's fine then.
So the only thing we doing to break the law at the moment is her not declaring earnings?

OP posts:

BoysAreLikeDogs · 11/12/2010 18:25

if she looks after them in your home then there is no need for her to register as a childminder but you must pay her as an employee under PAYE

if she looks after them in your home then she must register as a childminder and go through the registration process, including basic training in how to care for children in the early years, first aid, crb, she must ensure that she has public liability insurance, home insurance, appropriate car insurance and must register as self employed with the Inland Revenue

I know you trust her, she's your mate but think about the implications of sending your most precious possessions to someone without basic first aid or insurance

Original poster

SilveryMoon · 11/12/2010 18:34

Fair point BALD, but I don't have basic first aid training either........
I know what you're saying though and it would be lovely to have registered and trained care and maybe I will look into that, but for the moment, my returning to work is a new thing for my ds's and I want the transition to be as easy as possible for them, and imo, someone they know and have seen on a regular basis (at least twice a week) since the day they were born was the right thing to do for them at the time.

I have told her that at the very least I want to enrol ds2 in a nursery a couple of days a week.

OP posts:

littleducks · 11/12/2010 18:43

Maybe check out local council websites 'adult learning' section and see if there are any first aid courses available near you. I went on one arranged through surestart and although alot was common sense it was really helpful.

Original poster

SilveryMoon · 11/12/2010 18:45

Thanks littleducks Actually thinking back, I'm sure she did first aid through our children's centre too

OP posts:

nannynick · 11/12/2010 18:48

If your friend cares for your child at her home, then she can't be paid in Money.

Childcare Exemptions amendment 2010 - does allow her to do it without being paid.

Payment "does not include the provision of goods or services." - so you could come to some other agreement, such as buying her goods in exchange for childcare.

As BALD says, if she comes to your home and cares for your children there, then she would be a nanny and you would be an employer - so doing all that being employer entails, such as payroll.

Original poster

SilveryMoon · 11/12/2010 18:56

Thanks for the link nannynick

OP posts:

cinpin · 12/12/2010 20:01

Most mums do not have first aid, I would rather leave ny ds with a friend I could really trust than a trained qualified nanny
in first aid.

BoysAreLikeDogs · 12/12/2010 20:32

cinpin the point is that trained professionals are more likely to have skills and attributes to help your child develop to their full potential; your bessie mate may not- it may not be in the interests of your child to place with her

not meaning to lecture, btw, just making an observation

StarExpat · 12/12/2010 21:03

BALD with all due respect and I do respect both cms and nannies tremendously - for some it's not about a child reaching their potential...etc. it's about just having them with someone who you trust and know gives them a lot of love and cuddles...etc. A nanny might do that, but when DS was tiny, I had a friend look after him. It felt so much more "right" to me than someone I don't know (no matter how trained and experienced and professional they are). My friend had kids of her own - great kids and she was fantastic with my ds.

I moved to a cm when he was around 15 months and it was the right thing to do at that time. Now he's much better off with a trained professional cm. When he was a little baby... if I had to go back and do it again I'd do the same thing.

I'm sure there are very experienced and trained and qualified nannies and cms who could have done it, but I knew, in my heart that the right place for my DS was with my trusted friend early on (I had to return to work MUCH earlier than I wanted to :( ). She made it possible for me to exclusively bf still (brought him to me, I went to her on breaks...etc.) and she did a fantastic job with my DS.

My cm now does an outstanding job with DS and he is growing and learning so much both with us and with cm. He's much better off with her now. But definitely not as a baby.

Sorry I'm rambling.

StarExpat · 12/12/2010 21:07

Sorry I just wanted to point out. I'm not implying that my cm wouldn't be good with a baby. She has cared for little babies and she is excellent in every way. And she would have been fine with my ds, too. It's just that the right thing for us was to let my close friend look after him at the beginning. :)

MoonUnitAlpha · 12/12/2010 21:09

I'm a nanny, but actually I'd rather have a friend or family member look after my ds than use professional childcare. A parent is the most important person in realising a child's potential - when I'm not around I just want someone I totally trust and who genuinely cares about my ds to be with him.

Mum2Luke · 12/12/2010 21:49

I would rather have an OFSTED Registered Childminder or (if I could afford it) a nanny. They are CRB'd, insured, have first aid skills and do activities my child would enjoy.

A friend/relative is alright to look after now and again but what if you fall out with your friend/relative? I am a Registered Childminder and look after friend's kids but from the start I told her I wanted that part of it to stay professional - she has a signed contract and policies such as a behaviour policy she has signed to ensure her children behave and treat my house with respect and that I can inform her if they don't, so far so good!

She would not be able to pay me as a friend in Tax credits, I have to be registered Child care.

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