Nanny becoming a nanny share

[SydneyB]

I wonder if anyone can give me some advice. We currently have a brilliant nanny who looks after our two and her little boy. In the not too distant future one of mine will be at school and the other at pre-school 3 mornings a week. We really want to keep our nanny on as we all adore her, plus we still need help with school pick ups and of course the holidays. We currently employ her, pay all her tax etc. What we'd all like to do is for her to take on another baby perhaps 3 days a week to be looked after in our house. That way we'd be able to afford to keep her on and there might be a payrise in it for her. Does anyone know the legal ramifications of this? Do we have to have some kind of insurance if our nanny is looking after someone else's child in our home? Can we still be her main employers and get the other family to pay us so that all her wages still go through PAYE etc? Or do both families need to become her employers?

All employers do have to provide a Written Statement within 2 months of an employee starting work.

Apparently they do request. Whether they have the authority to demand to see it is a different matter but most nannies when asked seem to hand it over.

Personally I think it's a silly rule, although I can see why it's put in place because you could end up with swarms of children being cared for by someone completely unsuitable, but whilst OFSTED don't win everything that goes to tribunal getting on the wrong side of them could be costly and it creates a difficult precedent. A CM could massively increase their income by shifting their business to one of their mindee's homes. They've been asked about NWOC plus 2 other families and given their opinion (which, mra, is not one I personally share although I would personally follow their guidance and advise anyone else to do the same).

This is all v.useful. We have a lot to think about..

Snap, the guidance you link to actually says:

"However, you have to register if you are caring for the children of more than three families in one of the children?s homes."

more than three families

So that means 3 families is permitted?

It then goes on to say, in the Home Childcarers section:

"They can care for children from no more than two families at any one time, completely or mainly at the home of one or both families. However, if you want to provide care for a child under the age of eight in the child?s own home, for children from three or more families at any one time, you must apply for registration as a childminder"

So now it's three or more families

Ofsted need to make up their mind... either it's "more than three" or it's "three or more".

All of this seems to me to mean that we can use our discretion as to the sensible interpretation of the rules. If they contradict themselves in their OWN guidelines then surely in the unlikely event of a tribunal they'd have barely a leg to stand on.

The requirements for the Written Statement would not cover the ability to bring her own child to work though.

As far as insurance is concerned, it appears to me that many people believe that liability insurance (whether personal, employer's or professional) is going to pay out if someone has an accident.

Liability insurance will pay out if someone suffers an injury or other loss because of the negligence of the insured person.

Losses arising from your negligence suffered by visitors to your home may be covered under your home insurance policy. This would normally cover the other family's children and probably your nanny's child too, although you should check this with your insurer - this would apply in any nanny share or nanny with own child situation of course.

Losses arising from your negligence suffered by your nanny must by law be insured through Employer's Liabiity Insurance. This may also cover losses sufferd by your nanny's child, again check with the EL insurer - again this would apply in any nanny with own child situation.

Losses arising from your nanny's negligence in the course of her employment are covered by the nanny's liability insurance. There may be exclusions in this policy relating to the number of children in her care and you should check this with her insurer.

Hmm interesting. I wonder if they amended their guidance at some point but which way we have no way of knowing....

I'm only referring to what they referred me to in their teethbreakingky polite (unnecessarily complicated and exhaustive) letter. Seems they didn't really clarify anything after all. Quelle surprise!

Morton Michel (Sterling Insurance Company Limited) nanny insurance has a limit of 6 minded children.

Wording is as follows:

Number of minded children
The number of minded children in your direct and immediate personal care at any one time
must not exceed six.

Beginning to feel this is probably all ok to be honest. If insurance isn't a problem and the other family and our nanny understand the implications of a possible issue with Ofsted's less than clear regs...