Anyone know the rules on paying friends for childcare?

[MayaAngelCool]

Do you remember that OFSTED fiasco over the two policewomen who were doing a childcare swap? Well I'm now thinking about asking a friend to be available as a standby carer for the occasions when my CM's kids are unwell. I intend to offer to pay my friend in cash or in kind, but I don't know whether this is illegal, or if OFSTED finally relaxed their rules and actually 'allowed' parents to make their own decisions.

Or should I just not give a shit what OFSTED and go ahead and let my lovely, extremely trustworthy friend look after my child?

I'd go with option 2; don't give a shit tbh. If it's only in an emergency I can't see anyone bothering too much. If you were paying her cash-in-hand for full time care that would be different, but occasional days when your normal childcare is unavailable? Fine.

I would also be inclined to go for Option 2, but if you want to make it totally lawful (for instance if your friend works in a school it would be inadvisable to risk an Ofsted enforcement notice) the law was changed following that fiasco to allow a friend to provide childcare in exchange for payment in kind (but not in money or vouchers that can be exchanged for money). Note that she should still declare the value of the payment to HMRC as income.

Thanks both. MrA, this is exactly what I was hoping to find out - whether there had been changes to the law. My google search only came up with articles at the time the story broke.

I am certainly inclined to do Option 2, especially as it would just be occasional, stand-in work. I mean, FFS, I am a real, live grown-up and can make my own decisions. Pfft at OFSTED.

Thanks folks!

Hmm...yes my friend does work in a school! Good advice, ta!

Legal source for reference

Brill, thanks for that! I'd never heard of that site.

It does irritate me that we're not allowed legally to employ trusted, responsible friends for childcare if they're not registered. I understand that it's probably driven by the needs for child protection, and of course at risk children need to be safe.

But the fact that you could be prosecuted even when the care is sound? Bloody ridiculous. If they're going to spend all that time and money over legal wrangling, why not spend less time and less money by just inspecting the home and carer to check whether they deem it a fitting setting for a private childcare arrangement? Plenty of parents are caring and intelligent enough to look for good quality care, so why insult our intelligence?

'It does irritate me that we're not allowed legally to employ trusted, responsible friends for childcare if they're not '

You can employ them as a nanny, just not a childminder. Can employ anyone you want as a nanny, no registration needed.

But they'd have to do that in my home, not theirs.

yes

but you can

legally employ
trusted, responsible friends
for childcare
without registration

You are being a bit nitpicky, Batman! What I want is for my friend to be able to do it in her home...otherwise, if I could afford a nanny, I'd just employ a nanny.

I'm not being nitpicky, I'm stating the facts. You had a soapboxy rant about how you can't employ friends etc etc, when the fact is you can. The easiest way around the Ofsted rules is to have your friend care for your children in your home. Nowhere in your OP did you say it needs to be at her house.

My advice is still take option 2, disregard Ofsted and do what you want, but for general information purposes if you wanted to legally employ your friend then you can. You don't need to pay her a nanny wage just because she's doing it at your home, the only requirement would be minimum wage (if you wanted to do it legally etc).

Yeah, you are being nitpicky. People frequently miss out all the details from their OPs - of course we do, we're human, and this is a web forum, not a court of law! I posted later that care at my home wasn't what I wanted, and your "stating the facts" response (as opposed to saying something like "I see what you mean, you want your child looked after in your friend's home") was therefore...nitpicky. See?

Anyway I've got the information that I need from this thread so thanks a million Batman and others for your help.

I'm trying to give accurate information as generally that is what people want. I'm not talking solely about your circumstances, just in general you can employ a friend without registration. It wasn't clear from your post that you knew this so I was relaying this information to you! True that people don't include all details in their op, but you can't then blame other people when they misunderstand your exact childcare needs!

The legislation about childminding has existed in one form or another since 1948. It is there ultimately to protect children. It can seem a pain at times but the line has to be drawn somewhere between helping out a friend and providing a service.

Ok, I get ya! I'm sorry for getting a bit shirty with you.

And although I did know I can employ a friend in my home, what I should have said earlier was that I'd feel obliged to pay them at nanny rates since it would limit the way they organised their time. I want my friend to be able to come and go from her home as she pleases, and do her housework/ errands/ whatever. It didn't occur to me to pay her less as you suggested earlier, because I'd feel uncomfortable about taking advantage of a friend in that way.

Anyway I appreciate your help on this thread, thanks loads. Oh, and you have a damn cool name.

Yes, nick, I've already said that I understand the child protection element. The law did change, as we all know on this thread, in 2010, to make things more flexible. I think things could be done better still, and maybe one day I'll write to OFSTED with my suggestions and get a politely-worded "piss off" letter in return.

You're welcome and thanks

Nay bother. I can't be fagged with arguing pointlessly on MN these days. Think it's a sign of age.

Don't bother with Ofsted, they don't make the rules. Write to your MP, make your feelings known.

Good idea! Thanks for that!

law in Scotland is up to 2 hours paid in their home ok, any more than 2 hours per week not allowed. Any hours you like paid in your own home.

The rules are such nanny-state bollocks and help no-one.

Can understand them being concerned about non-payment of tax / benefit fraud etc.

But it is totally inconsistent that childminders are so heavily regulated and that it is illegal to pay a friend to care for a child in their home, when nannies are virtually unregulated and it is seen as a "private arrangement".

Also inconsistent that a CM with one client pays tax as self-employed, whereas nannies almost always have to be taxed as an employee.

Scotland's law sounds no better - who needing childcare only needs 2 hours!