Children number scotland

[Minder88]

Hi. I have recently been inspected and told that i am over my numbers and in breach on my contract and im likely to get terminated, which i will appeal.

Im looking after 3 under 5 but have two childrem of my own. One is under 5 but is not at the premises when i am childminding. I have been told that it doesnt matter that my kids are not with me when childminding as i am still responsible for them that makes them included in my numbers and therefor i am in breach.

I have looked at my agreement and it states my own children are included in my numbers for the total number i can look after but nowhere does it state that that includes them when not in my care, i.e at a relatives or friends house.

It then goes on to say that childminding children in part 1 cannot be looked after by unregistered childminders. Would this mean my own children cannot be looked after by relatives during my childminding hours??

Has anyone faced the same issue i have? Have you appealed the decision? What was your outcome? Did you ask the parents for help, ie a written statement and did it help?

I believe i am not in breach of my contract nor have i knowly breached my contract and am now concerned that i will be unemployed

Its always been.the case that your own kids are included in your numbers. It's pretty clear.

They are your kids therefore live there.
What would you do in the holidays? What if one was poorly but not infectious?
Nursery or school closed suddenly for some reason?
They would be in the house meaning you are over your numbers.

Nothing to stop your relatives taking the kids for a visit if they want to but it doesn't alter the legalities.

But the children are not with me they are with their dad those days that i have my childing kids but apparently he not allowed to look after this own kids as he is not registered childmider as per my agreement on part 2 if thats the case

If the kids are ill i shut that day.

I know my own kids are included in numbers but was under the impression my own children had to be with me and the other childminding kids.

Im not their emergency contact either if ill at school or scholl closes

Maybe use your insurers to.argue your case and challenge the care commission if your kids are never there while you cm?

Nothing stopping their dad having them.at his house if that's the contact agreement (which you could use).
It does seem.daft no harm.in challenging.

I think you are being deliberately obtuse here OP. How can you prove that your young child is never in your home while you are minding. That is his home, you are responsible for him, of course ofsted or if in Scotland the care inspectorate will assume he is with you while you are working.

And nowhere does it say your ds can't be cared for by his father, he is not a mindee, but he is a child you are responsible for.

You just have to suck it up and stick to the numbers like everyone else. Sounds like you are trying to get round the rules so you can take on more kids. Why would you jot be an regency contact for your own children?

Part of my post is missing!

It does seem daft but if you can prove your kids do not stay at your house at any time over cm days and dad has reliable cover elsewhere if they are sick etc, no harm.in challenging.

(If you can't and there is a chance they would end up at yours then rules are rules we all.had to.suck it up )

Ofsted recently relaxed their view on this, but that doesn’t mean much as you are inspected differing Scotland. I’d never very surprised if the care commission overruled an inspector's judgement on something so fundamental as numbers.

Whatever you claim about school and dad caring for them, you are ultimately responsible for your own children 24/7. If school has an emergency closure with dad unavailable, you won’t simply abandon them . However unlikely the scenario, they’ll say you have to accept it is a possible situation that’s put simply out above ratio.

Don’t assume you’re going to win an appeal just because your argument makes sense. This is about a abiding by a rule, and rules don’t have to make sense: let’s face it, some of the most basic regulations about numbers and registration make no sense at all.

I was always cross about this! I am in England and my dc were little before Ofsted relaxed the rules. I completely see your point of view, my dh was quite often around. We had more than capable grandparents who could have looked after their grandchildren, but I still couldn’t go over my numbers if they weren’t here. It’s a ridiculous rule and I was told to make an official complaint against ofsted if I had a problem with it. I never did, because I didn’t want to get a black mark against myself. When I asked the ofsted inspector about it, I got the stock party line about how my children were my responsibility and ‘what if your dh has a doctors appointment?’ ‘Err, he does what every other parent in the land does and takes his child with him’. But of course, she didn’t believe that was possible and I didn’t win, but was glad to see, even though it is too late for me, that the rules in England have changed.