Babysitters to fall under Ofsted Compulsory Registration - surely Ofsted have that wrong

[nannynick]

Source ~~ Begin Quote ~~
From 1 September 2008 you are exempt from compulsory registration if you:
provide care only between the hours of 6pm and 2am on domestic premises (baby sitting arrangements). Domestic premises can be your own home or someone else?s home, but not the home of the parents of the child.
~~ End Quote ~~

So to me that looks as though a babysitter working at the home of the child (or put another way, "the home of the parents of the child"), is NOT exempt from Compulsory Registration.

I contacted Ofsted asking for this to be clarified. I got back a response which also did not seem to be correct, as it mentioned an exemption covering 2pm to 6am. So I have asked them to try again.

I think they are trying to say that a nanny working anytime between 2am and 6pm is not exempt - though I feel they fall under voluntary registration (not compulsory). Childcare between 6pm and 2am has in the past been unregulated... and I don't expect that to have changed. It will certainly be very interesting, if Ofsted are now wanting every babysitter to be registered!

Nick, it's enough to make you cry, no?

Unintended consequences I'll bet.

They must have that the wrong way round

What that statement says if you look after a child in the evening in your own home you are exempt. That could be a childminder who only works evenings then?

I also contacted them. They avoided answering my questions directly and sent what looks like a standard block of text about nannies and voluntary registration and then simply "Babysitters are exempt from Registration."

So I've asked them to clarify what the clause about not being in the parent's home is supposed to mean. As IME the majority of babysitting occurs in the child's home which is usually the home of one or more parent as well. No reply as yet...

WTF??????????

Sorry for bad language

I wish there was an emotion for 'confused'.

Will watch this with interest as I often babysit .

I seem to have got sucked into this legislation on another thread. I think the answer is that there's a separate general exemption for babysitting at the parents' home. See the relevant regulation here (para (a))

(I am no kind of expert on this, just used to trawling through legislation)

Surely this would be bonkers and they could never police it. If I hire a teenager to come over for 4 hours, and hand her cash at the end of the evening, who is ever going to know?

I don't think many people pay tax on their regular babysitters either. Technically, I suppose that's illegal but who is ever going to find out??

what?!

i do babysitting for various people but am only an un registered teenager, will this have to change?

ayla, at least you have it in writing that babysitters are exempt. They still have not written to me saying that, they go on about voluntary registration instead.
As I understood it as the Bill went through, the intention was to enable parents to use childcare vouchers or tax credits for childcare at any time of day, thus enabling a childminder to babysit.
I'm going to keep at it with Ofsted to get a statement from them, and perhaps change the document they published, so we are left in no doubt as to what they are wanting.

Another reply that fails to acknowledge the actual question asked and again harps on about the voluntary registration.

But is does confirm again that Babysitters are exempt from registration and includes this link: (Item 11)

www.dfes.gov.uk/consultations/downloadableDocs/Exemptions%20Government%20ResponseFINAL0807.doc

Its madness.

The organisation I am part of had to fight for dance schools to be exempt from regiostration.

Update: I am now in touch with someone more senior than Customer Services at Ofsted, with regard to this matter. With luck it be resolved soon.
Once Ofsted have confirmed the situation, I will ask the Ofsted press office for a statement (as my communications with Ofsted are confidential).
Will keep you updated.

Update: Having now described what I consider babysitting to be, Ofsted have responded saying that it seems to not require registration. Hmm, will continue on my mission - which is to have the document they published, withdrawn and revised, so that it makes it very clear as to what is and isn't domestic premises.

The Childcare (Exemption from Registration) Order 2008 - I referred Ofsted to this SI, which is far better at saying what is Exempt.
3(1)(a)(i) "a child or children for particular parents, wholly or mainly in the home of the
parents"

Not sure what my chances are of having Ofsted revise a document they have published, but hey I can but keep on asking.

I love Ofsted - I reckon that this mistake is just a ploy to see if any of us bother to read any documentation.

Why are your communications with Ofsted confidential? If you tell them you will be posting the information on a parenting forum so that everyone can understand/sympathise with their mistake, I am sure that they will be appreciative of your efforts to notify the public!

The bottom of their e-mail contains a statement saying that the info may be confidential. Of course that does not mean that it is, and thus why I am still keeping this updated - but without "cutting and pasting" what the individual from Ofsted is actually writing. Instead you get my general summary.