Care Standards Act 2000
As I do not think we are currently governed by the Childcare Act 2006 at this present moment in time, we will use the Care Standards Act 2000.
Section 79
79 A (6) "Day care" means care provided at any time for children under the age of eight on premises other than domestic premises.
So as a childminder you are NOT providing Daycare.
79 B (3) A person is qualified for registration for child minding if-
(a) he, and every other person looking after children on any premises on which he is or is likely to be child minding, is suitable to look after children under the age of eight;
(b) every person living or employed on the premises in question is suitable to be in regular contact with children under the age of eight;
(c) the premises in question are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and
(d) he is complying with regulations under section 79C and with any conditions imposed by the registration authority.
So if the people at the premises has not changed, and you do a risk assessment to confirm that the new premises is suitable for childminding, then you comply with a,b and c above.
79C. - (1) The Secretary of State may, after consulting the Chief Inspector and any other person he considers appropriate, make regulations governing the activities of registered persons who act as child minders, or provide day care, on premises in England.
This I believe means that you need to follow what it says in the National Standards for Childminding.
(7) Regulations may provide-
(a) that a registered person who without reasonable excuse contravenes, or otherwise fails to comply with, any requirement of the regulations shall be guilty of an offence; and
(b) that a person guilty of the offence shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
So if you ignore their rules, you commit an offence which may incur a level 5 fine which I think is £5000.
79H (2) Any regulations made under this section shall include provision conferring on the person concerned a right of appeal to the Tribunal against suspension.
If Ofsted do take action against you, it can go to a Tribunal. WE NEED CASES TO GO TO TRIBUNAL - so we create CASE LAW, which can then be referred to on subsequent occasions of the same events occuring. If as a Registered Childminder, all you have done is move premises, and you have carried out a risk assessment and YOU FEEL it is safe, and you have Notified Ofsted of the changes of premises, then is a Judge really going to say you are an unfit childminder? Or is a Judge more likely to use commensense and say that it is up to the regulator to inspect the premises at their earliest opportunity.
National Standards
14.3 The early years child care inspector is informed of the following at the
earliest opportunity: any significant changes to the premises;*
Glossary
Registered person: a person deemed qualified to care for children and whose name appears on the certificate of registration. The registered person
has overall responsibility for ensuring that the requirements of the national standards are met. A company, committee or other group may be the registered person.
I CANNOT FIND WHERE IT STATES THAT FOR A CHILDMINDER THE CERTIFICATE HAS TO DISPLAY THE PREMISES ADDRESS.
SI 2001 No.1830: Information to be included on Certificates
- Certificates of registration for providing child minding or for providing day care shall give the following information about the following matters -
(a) the name of the registered person;
(b) in the case of day care, the address at which the day care is to be provided;
(c) any conditions applicable to the registration.
Ok then... it's in Black and White - as a Childminder, your certificate DOES NOT have to display the ADDRESS as you are not providing Day Care - see above, Care Standards Act 2000 79a (6) for definition of what Day Care is.
My belief is that Ofsted don't realise that, and thus why they feel they have to put the address on the certificate. I may have missed something, but I can't find where it says in Law that the address of a Childminder needs to appear on the Certificate.
You MUST notifiy Ofsted that your premises is changing. You must do so at the earliest opportunity.
I believe that Ofsted say that you can't recommence childminding without a new certificate, but I can't find in Law where it says that! I think Ofsted are banding Childminding and Daycare under one umbrella... whereas the Care Standards Act and SI 2001 No.1830 notes differences. Thus I feel it's worth challenging.
So for those of you who are NCMA members, please put pressure on NCMA to challenge Ofsted's policy in a Court of Law, so that there is Case Law to refer to in the future.
While I agree that Ofsted need to be notified of a change in premises, and I feel Ofsted should be able to inspect such premises at their earliest opportunity, I can not find where it states in law that you can not continue childminding from that new premises.
If you more house and continue to childmind, what law are you breaking?