CM please help - isn't there some ruling about how long a non-CM can have my dd?

[Orinoco]

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may be wrong but I think its either 2 or 3 hours per day if she looks after a child in her own home

if she did it at your house however, it would be classed as nannying and fine for as many hours as you wnated.

I am assuming youre planning on paying this lady

She cannot look after your dd for more than 2 hours a day if you are not paying her. As soon as you mention money, then she has to be an OSTED registred childminder.

less than 2 hours per day if she looks after DD in her own home. If she takes DD to your home she can be seen as a nanny, and not have qualifications I think

Not in her own home but as said if she works from your house it's fine. Non-reg childminder can only have for under 2 hours

is there no way you could start 30mins earlier therefore pick up within the 2 hrs?

There is a exemption which could be used.
"provision which operates for less than 2 hours a day or on fewer than 6 days a year; this exemption currently exists, meaning that Ofsted does not have to register very short term providers." Link to source document

So for first 5 days it's fine... but for rest it is going to be an issue. Solution would be for your child to be taken back to your home, then provider is classed as a nanny, but that then could also have implications such as Tax and NI payments.

For childminding the definition regarding payment is "for reward" which would cover situations where no money transferred. So the 2 hour rule applies, regardless of if you pay or not, as it would be hard to prove that there was no reward going on.

Logic would say that if someone can care for a child for 1 hour 59 minutes at their home, then could the extra time not be absorbed by doing something else, such as going to the park, shops, library.

Care Standards Act 2000
"79A (7) This Part does not apply in relation to a person who acts as a child minder, or provides day care on any premises, unless the period, or the total of the periods, in any day which he spends looking after children or (as the case may be) during which the children are looked after on the premises exceeds two hours."
Which I take to mean, care provided ON THE PREMISES counts towards the time limit, but care provided off the premises does not.

Cross Reference with HMI 2601a - See paragraph 16 for definition of a childminder.

Nicks Disclaimer: I am not a lawyer... so this is my personal view and not a legal view or legal advise. Please seek professional advice if you require it.

Nanny nick's comment about outings got me thinking. Don't know if this would work but could you offer to pay for an activity for this mum to take your child and her child to for a couple of hours two days a week? ie indoor play centre, museum, swimming etc? That way not in anyone's home and the money you give her could be for the activity (you can decide how much).

To be honest - if this is just for a term I would go ahead and do it in any event and keep your arrangements confidential. Asking the lady to take your child somewhere for an hour each time as kaysamuels would also resolve the issue.

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