CM Club: This is all I need

[KatyMac]

Apparently OFSTED have decided that if more than 3 of us work together we are a nursery

Previously we were told that 3 childminders/assistants working together at a time

I am completely devastated

What did NCMA say?

That they know nothing about it & that I should take it up with OFSTED

How helpful!

Are Ofsted not referring you to actual legal documents?

For example, in the Explanatory Notes (Version: Sept 2006) to the Childcare Act 2006, I found the following:

81. Section 33 prohibits a person from providing early years childminding unless he is
registered in the early years register. Early years childminding is early years provision
provided on domestic premises for reward where there are no more than three people
providing the care or assisting with its provision (see section 96(4) and (5)).

In the Act, 96(4) and 96(5) are as follows:

(4) Subject to subsection (5), ?early years childminding? means early years provision on domestic premises for reward (and ?early years childminder? is to be read accordingly).

(5) Early years provision on domestic premises for reward is not early years childminding if at any time the number of persons providing the early years provision on the premises or assisting with the provision exceeds three. 

I would say it meant that it was a maximum of 3 people on the premises. The 'or assisting' part I think may mean that if someone is out doing a school run, then they are still part of the magic number 3.
Any lawyers in the house? What does (5) above mean in simple English?

Surely NCMA should be more helpful. They could at least arrange a meeting with Ofsted to discuss the issue at a National Level - after all Ofsted currently have you (and no doubt other childminders) register as Childminders, not as nurseries. Looks like it needs clarification - write a letter to the editor of Who Minds (or whatever NCMA call their newsletter these days) and see if that will spur NCMA on to having a meeting with Ofsted.
You could also write to the current chair/head of NCMA.

Great ideas Nick!

Letter to NCMA already in progress

Plus phonecalls in to anyone I know in childcare to protest

What do I do about people booking care for September. I have several families who have already booked and some coming to see me.

It's all to do with at a time or altogether isn't it?

I knew I shouldn't have gone out to work today! Oh Katy, what a bummer! Just like Ofsted though, eh? Typically also, that NCMA have no idea of what's going on.

I have nothing else to add really, other than look after yourself, its the last thing you need on top of everything else you've had thrown at you in the last couple of months.

god sorry to hear about your shitty day - feel very for you.

You could try posting over on the Legal board, to see if any mumsnetter legal eagles can give suggestions. Probably best to copy them the bits of legislation that are relevant (i.e. my posts earlier).
You want to know if it's More than 3 people AT THE SAME TIME, or more than 3 people thoughout a particular time period (such as a working day).

What have you actually had from Ofsted? Is this just someone saying something... or is it more official, like a letter?

Nick - I have sent it to you (bottom of page 5)

Good idea about legal

I have been thinking about using the DDA to fight this as they are preventing us from jobsharing which we d because of out health problems

OFSTED have (unofficially) said they don't know which it is either

Katy - get on to your MP, and forward a copy to the PM. I've done that with reference to all teh hassle I have been having getting registered.
or get on tot eh BBC!

Katy what about your childcare development officer at the local authority, from the Workforce Development Team?

Development workers know nothing about it neither does the boss

MP is a good idea

Oh Katy This is so unfair!!! Nothing more to add as everyone has said it but just wanted to say I'm sorry to hear this and hope you manage to find a way round it all. x

Thanks

Are Ofsted really going to write to all childminders affected by this, telling them that as of x date, they are no longer registered. I doubt they would do that - it would be Deregistration, which is a tricky and long process. How will Ofsted know if you have more than 3 people present? What will really happen... surely they aren't going to do anything, until you next inspection, at which point, if they Terminate your registration, you can take it to appeal and get a Care Standards Tribunal ruling on it. Tricky I know, but could you just ignore it and hope that the Ofsted Inspector who does your next inspection does not check how many people are working.

Good point Nick! How do they intend on regulating this sort of thing? We all hear stories about being "too busy" to check out "illegal" childminders! If that can't even do that, why are they bothering with the legit ones?!

Good point Nick! How do they intend on regulating this sort of thing? We all hear stories about being "too busy" to check out "illegal" childminders! If that can't even do that, why are they bothering with the legit ones?!

No they are currently writing to all of us to tell us wht we are going to be registered as.

Our situation is awkward because planning department won't allow a business premises in my road

All over I guess we are closing

They changed thier minds we can be childminding after all