Childminder not ofsted registered - is this a big problem?

[Toots]

Have seen lovely woman with clean bright, secure home to collect DD2 from preschool and DD1 after school 3 days. DD2 didn't want to leave her house when we visited. Both DDs DH and I are going back for another visit tomorrow when the other mindees will be there too. I've talked to the two mothers of her other mindees. Professional women who both recommended the CM unreservedly and had had their children with her for several years.

The CM was previously a registered nanny prior to having her now teenage children. She has neither re-registered nor registered with Ofsted since then. She has answered all my questions and laid out her terms very clearly but doesn't have a set contract - I'm sure she wouldn't mind if we worked one out, though. My husband would be comfortable if she and her household had CRB checks which she is open to. Is there anything I'm not seeing here that is wrong with this arrangement/ set up? She has brilliant references and I get a great feel from her.

This is galling actually. I know this is only one element of a whole list but might she be declaring income and paying tax? You have to say what your business is though, don't you - I'm self employed so I know that much.

The parents possibly dont know all the implications. When I was looking for work I constantly got emails from people wanting childminding from a nanny etc. I think you should let them know.

I hope you're not apologising to me Katymac. I needed that shake up and am grateful for it. I must go and try to wind down - heart banging away in throat.

Back tomorrow.

I will deffo speak to the parents giraffes.

Any questions toots, ask away, any time.

toots i am not a cm, am parent. i love my cm dearly, she is fantastic and v professional. i'm sure you will find someone great for you too.

there is some very cheap childcare being advertised in our local paper. what a thing to economise on!

Ah gwan then BoysAreLikeDogs and everyone else.

How easy is it to register and be a registered minder? Are there time consuming hoops on an ongoing basis?

What do you think this woman's reasons might be for not registering - just to avoid paying tax or something else?

I was apologising for being so strident and blunt in my explanation

No-one likes to think about little ones being hurt but that is the reason we are registered

Insurance
First Aid
Best Practice
Risk Assessments
Food Hygiene

These are in place to protect the children

Plus not paying tax annoys me - it's stealing

"If she is so fab why isn't she registered?"

ummm should I bother to answer this one .. bureaucracy? crappy paperwork? dull, ineffective stupid inspectors? etc

OK, so can an individual have public liability insurance?

Can you get business use as a childminder on car insurance without quoting an Ofsted registration number?

Probably the car ins - but not the public liability

but it IS illegal ... and unfortunately loads of good childminders have left since the over-regulation came in. I find much / most of it counter-productive but agree that there is a duty to ensure the crappy cms are out of the mix and there is probably no other way

oh well .. you used to be able to find someone you liked and trusted who would take your child into their own home and treat them like one of theirs with love. Now, not so much

can you employ her as a nanny?
I dont' think all the paper work etc applies to nannies.

yes there are hoops
yes there is paperwork
could take anywhere from 6 months up to actually register (based on the inefficiency of Ofsted and councils)
would take me over 3 months to re-register (I phoned to find out with the aim of possibly helping out a friend)

I am a self employed freelancer and have public liability insurance, so you can get it as an individual

Wouldn't I then have to pay the tax it's quite possible she's not paying at the moment

That last one was to Fabio.

Well you'd pay her a salary then deduct tax from it - she's paying the tax because it comes from her pay, but you have to write the cheque as you're the employer iyswim.

I really don't think that you can buy public liability insurance as a childminder, unless you can prove you are a childminder

& childminder is one of those words like teacher, doctor, architect, nurse which you can't mis-use (I think)

isnt the point that if you want her to look after your dc in her house that = childminder and all the regs that come with that title and not "nanny". otherwise a lot of cms who couldnt be arsed with all the beaurocracy just call themselves "nanny". there is a statutory definition of cm and i think you cant opt out of it!

You might be able to get the insurance even if not registered with ofsted but the insurance company wont pay out in the even of the claim as they are probably providing care on the assumption that she is registered; it's be in the small print somewhere.

Like car insurance - you can get it even if you have no drivers licence but if you have a bump they will look into your records more carefully and will realise you are driving illegally and thus wont pay out.

like i said..... see below.

We have public liability to run a childrens's activity which is exempt from OFSTED regualtion. Our type of activity is specifically named in the regulations.

BUT

Our insurer specifies all kinds of conditions for our insuurance to be valid so I am 99.9% sure no insurance company would insure an unregistered childminder.

'Well you'd pay her a salary then deduct tax from it - she's paying the tax because it comes from her pay, but you have to write the cheque as you're the employer iyswim.'

A small correction here: Parents are childminders CLIENTS, not EMPLOYERS. Childminders are self employed

Yes if you look after children in your own house for pay or reward then you have to be registered. A nanny would have to look after children in your house, not their own.