Childminders and assistants - what can and can't be done

[justaquestionagain]

Can I ever leave my assistant alone for more than 2 hours? The short story is I want to go on a last minute holiday but could be reached by phone/email. All my parents would be happy for the assistant to have the children.

She is more qualified than me, has 10 years experience, a CRB and first aid cert. She sees the children daily. She's also on the voluntary register.

I know the answer is going to be it's not allowed. But is there a reason why. Other than because Ofsted said so?

What would happen if I did it anyway?

To play devils advocate:

The parents don't pay the assistant so would she be breaking any rules? What if I also didn't pay her for the time she had the children by herself? But then would she be insured?

Also what about this clause: You do not need to register if "If (excluding childminders) you care for children under eight from specific premises for 14 days or less in any year, and you let us know in writing at least 14 days before starting the service."

Any help would be great, thanks!

Can she do it in their houses?

No she can't sadly :(

No she can't. Your insurance wouldn't cover the fact you were breaking the rules which specify the two hour time frame.

As far as I am aware there is no two hour rule any more. It just mentions short periods of time. However you going on holiday is not a short period of time, is it? It's just for things like school runs, appointments etc So yes your insurance wouldn't be valid ...
Anyway ... why wouldn't she want paying if she was working while you're away? This is mad ... and illegal.
Worst case scenario ... you could end up in prison if something happened or without a home if it got accidently burnt down (I'm sure whatever house insurance you have wouldn't be valid either). IMHO it's just not worth it ... take a time off, give your assistant time off and enjoy the holiday without the additional worry.

Ofsted did actually give a specific timing which was 2 hours after the Introduction of the new eyfs in Sept 2012. They issued a memorandum when asked to clarify. They also clarified the new 'variation' rules too.
So the short answer is that if you leave your assistant in charge and alone for more than 2 hours you could lose your registration. She will not be insured and if you get reported you could be in a lot of trouble. They are increasing this to 3 hours in September (anyone can care for children up to 3 hours without being registered) but that still means what you are proposing would not work. Can she not register as a minder at your premises? Ring ofsted and find out how long that would take? She could then have the children for continuity if necessary

Thanks everyone, she would be insured, she can get a policy specifically for this reason. I've looked at getting her registered in her own right, it would take too long. Also, the LEA don't run the course regularly.

Ofsted themselves state "If (excluding childminders) you care for children under eight from specific premises for 14 days or less in any year, and you let us know in writing at least 14 days before starting the service"

She would be providing 9 days care, so I think it falls into this category? I'm waiting for Ofsted to confirm.

the clause you quoted excludes childminders. So it wouldn't apply anyway.

But she isn't a childminder?

but she would be acting as a childminder- minding other people's children in her home (or yours)
I think the 'specific premises' probably refers to schools or church halls when used as a holiday club
I hope Ofsted get back to you soon

Thanks insancerre, I hadn't thought of that...hmm I find it all just so odd. Let's assume it can't be done, which it's looking like it can't. Can anyone thing of one reason why it shouldn't be allowed?

The way I'm reading it is anyone can can look after after children for 14 days or less in (say) a church.

But an experienced, CRB checked, Ofsted Registered, Insured, First Aid certified Assistant operating form an already approved building could not?

Ofsted say this on their website
"You will not be able to allow any assistants you employ to look after children unsupervised for more than two hours; if you wish to do so then that person will need to register separately as a childminder"
so it looks like the only option is to register her as a childminder at your address

Why shouldn't it be done? It's against ofsted regulations and if (god forbid) anything happened then YOU would be liable and could be taken to court /shut down and never be able to work with children again due to a major safeguarding problem. If anyone reported your assistant/ you whilst you was away you would lose you livelihood. She WOULD NoT be insured and neither would you. Don't do it please. You would be breaking the law and its very unprofessional.

I'm not going to do it of it isn't allowed. I just like to understand why it's not allowed that's all.

If she was working for free it'd be fine so to play devils advocate is it really a safeguarding issue? If Ofsted were worried about safety if children then regardless of payments they would want to regulate all childcare providers surely?

My assistant is more qualified than me in terms of childcare specific qualifications with 10 years exoerience. I'm genuinely intrigued by how Ofsted come to most of their decisions and rules.

I'm trying to find the specific section in the childcare act to she'd some light on the reasoning; no luck so far :(.

If you knew you may want her to have sole care you should have registered her as a minder at your address. No one knows why the government/ofsted make the rules they do. Hopefully it's to prevent events that can cause harm to a child. All I know is that I would never risk my registration for the sake of a holiday. Can you find an alternative minder who can work with your assistant while you go away?

sorry to go a bit off topic, but is it right that the time you can leave assistants alone is increasing to 3 hours?
( not that I don't believe you bonkerz but wondering where you got the info from?)

The time that anyone can care for children unregistered is changing in September in light if the 'more affordable childcare campaign' by liz truss (spit, can't stand the woman) and it is expected that this rule will be extended to assistants also to help childminders take on more government funded free children as the criteria for this is also changing from September, you will no longer have to jump through hoops to be accredited and will be able to claim the free 15 hours for 2+3 year olds as long as you have a good or outstanding grade from ofsted (and maybe level 3, not 100% certain).

Just thought I would come back to this as I've had a reply from Ofsted. They have said I can leave my assistants alone for as long as I like as often as I like.