Nanny possibly changing from sole care to nannyshare

[falgelednl]

An acquaintance of ours is about to have no childcare as the childminder she uses, which we recommended, is downsizing for personal reasons.

We employ a nanny to look after our 3DC although the girls are at school so she only has DS1 during the school hours. We employ her term-time only but spread her wages out over the whole 12 months of the academic year so it is easier for us all to budget.

She still socialises with the acquaintance's childminder and DS1 'plays' with the CM's son and they often go to baby groups together.

This evening, Nanny has suggested a possible nannyshare and I have also been contacted by the acquaintance about any other recommendations of possible childminders. I have briefly discussed the idea of us doing a nannyshare. It would actually only be for 2 days a week as she only works part-time and only uses the CM on these 2 days.

I think I am pretty happy with the idea. We are very relaxed as parents and employers. The Nanny plans on having 'new baby' dropped off at our house so it would be very much the same for acquaintance and the daily routine would not change for our DC very much.

Nanny currently brings her own child with her to work - this child is nearly 9 and goes to the same school as my DDs. We pay £9 an hour.

I presume we should negotiate a reduction on the hourly payment for the hours when our DS is now (possibly) going to have shared care as opposed to the 1-to-1 he has for 6 hours of each day. I should think CM currently charges about £4ph. what sort of reduction should be look for?

Any other pointers, advice or suggestions.

Reading on another thread I think this arrangement isn't allowed as there are three families involved.

If it does go ahead, as someone who has done two different nanny shares, I recommend getting everything down on paper and official as everyone has good intentions but I have seen it not quite go that way.

Unfortunately as she brings her own child to work I don't think she can do a nanny share as she will be caring for 3 different families

There's another thread about this sort of setup (although the main family weren't aware of the nanny share.) The advice was that as children from 3 families were involved (including the nanny's child) the nanny would have to register as a childminder.

It's possible that as the nanny's son is 9 that the nannyshare could still go ahead. Childminders have to register for under 8's only.

Nannies don't have an age limit for children

Would still be 3 families so wouldn't work for your current nanny

The difficulty is this bit of legislation:

The Childcare (Exemptions from Registration) Order 2008

It makes childminder registration exempt for:

(i)a child or children for particular parents, wholly or mainly in the home of the parents, or
(ii)a child or children for particular parents (“the first parents”) and, in addition, for a child or children for different parents (“the second parents”), wholly or mainly in the home of the first parents or the second parents or in both homes;
(b)for a particular child for two hours or less per day; or
(c)only between 6pm and 2am.

Subsequent legislation then adds:

(d)for—
(i)a child or children in the course of a friendship with the parents of that child or children; and
(ii)the provision is not made in exchange for payment.
(e)for a child who is placed with a local authority foster parent ("the child’s foster parent"), where the person making the provision is a relevant foster parent who is not the child’s foster parent.

2014 legislation then also adds:

(bb)for a child or children for 3 hours or less per day if—
(i)in the course of a friendship with the parents of that child or children;
(ii)for reward; and
(iii)on domestic premises;

It does not appear to take account of a situation where there is a nannyshare where the nanny brings their own child.

"a child or children for particular parents (“the first parents”) and, in addition, for a child or children for different parents (“the second parents”), wholly or mainly in the home of the first parents or the second parents or in both homes;"

That is the bit which covers a nannyshare.

Law is open to interpretation and ultimately a court would make a decision and that may result in a law being amended.
For now a nanny with own child (NWOC) could be considered to be exempt from childminder registration as they care for children from "the first parents" their employer and "the second parents" themselves, mainly in the home of the first parents.
In a nannyshare between two families, that is exempt as the children being cared for are from "the first parents" and "the second parents".

So when a nanny with own child is working in a nannyshare, what happens then? It is unknown but my interpretation of the legislation is that the nanny would be "the third parents" and thus does not fit with the exemption.

I would suggest that anyone considering doing this, writes to the regulator - Ofsted - and asks for written confirmation that registration as a childminder is not required. Also write to the Department of Education as Ofsted are not able to amend law, it needs to be done by Government.

If you are in Wales, Scotland, Northern Ireland, then contact the regulator in your country as the above legislation applies to England. Other countries are likely to have similar legislation.

Thank you for all your comments. I read them on my phone but it would not let me log in and reply.

The situation has been resolved and I am really grateful for your input - especially the legal aspects.