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.

To clarify:

I asked Toots if she could employ the childminder as a nanny - my understanding is that nannies look after children in the home of their employer, ie the children would be cared for in Toots's house by the childminder, now working as a nanny.

Toots asked if Toots wouldn't then have to pay the tax, I assumed she meant on the pay if the childminder were employed as a nanny.

I said Toots would be the one to send the cheque to the IR, but it was the employee's (ie the childminder working for Toots as a nanny) tax Toots was paying.

I didnt' mean the childminder could declare herself a nanny and that be the end of it, my suggestion was that Toots employ her as a childcarer but in a slightly different role, ie a nanny.

If you have a nanny, you are an employer, therefore you are obliged to forward the tax etc on your nanny's salary to the IR.

Is that correct?

For what it's worth, a nanny isn't what I want in any case, I work at home and find it really distracting if anyone's here.

I think that sounds right that whatever she's put together in terms of insurance would fall apart in the event of a claim unless she lied and said she was transporting a friend's child and we colluded. What a vile situation that would be.

I completely agree with everything KM says, sometimes you just have to be blunt. There are very good reasons childminders should be registered.

Also not flagged up in detail is the CRB checks - this woman and he DH/P may seem lovely - that doesn't mean one of them doesn't have history of violence / abusive behaviour....

It is just not worth the risk.

I am glad you re reconsidering toots and hope you find someone lovely.

Update on this. I called the CM and left a message to say that her not being registered was a big concern and we would not be going ahead. She sent a text to say she understood and to wish us luck.

Have since found a lovely setting with a registered CM who has two assistants, both of whom we have some prior knowledge of. All looks set to have worked out very well.

Thanks for all your views.

toots I;m pleased you have found someone registered you are happy with.

Would please consider reporting this unregistered childminder to Ofsted? Turning a blind eye could cause you to feel awful if something were to happen. God forbid but it is possbible...

Not to mention she is breaking child care legislation and probably tax codes.

I am glad you have found someone you like & very glad they are registered

I agree with SammyK, I would definately report her to OFSTED.

My chief concern is the kids - and she is not being regulated/inspected... has no standards to upheld etc. as an unregistered person. Basically she can do what she likes as she answers to no-one.

The insurance question is also a BIG worry.

Plus she is doing a job illegaly... and not paying tax...

I would report her in a shot.

I am VERY glad you have found a registered minder you are happy with )

agree with sammyk on this one

Its possible to get insurance with Morton and Michel so long as you dont mind children under 8 for more than 2 hours a day .Over 8 and there is no need to be registered so insurance is straightforward .
For some people with bad experiences of ofsted inspections its the only way they can continue minding children if they want to continue and like children .If this unregistered childminder was no good the children would have let the parents know wouldnt they.Why report someone who parents recomend'

Marney are you working unregistered now after your episode with Ofsted??

I have to state strongly - there is no excuse for any childminder to work unregistered, regardless of the whys and wherefores.

Marney, it's illegal, period. And insurance is there for a reason.... one can make every excuse under the sun why one doesn't wish to comply with regulation, but the regulation is there for a reason... to regulate.

I think Marney was just trying to say that you don't need to be registered or have insurance if you look after children under 8 for less than 2 hours per day - which some people do i.e. after school.

So she can basically do this legally.

HI, one idea, see if the lady would get voluntary registered, I dont know the ins and outs, but it would help with insurance, etc Basically, you can offer to pay the £100 I think it is and she can be put on the voluntary register in which she would have to look after your children in your home and not hers. But otherwise, i agree with the rest. Sorry

I am still registered a year on but about to drop the registration .The children i mind have been with me a few years the parents all know and its all arranged and legal.I will need another job as well though as otherwise i wont be working enough hours.It will be good to feel self employed again and the children have been joking they will call me nanny.
I do like older children and doing before and after school care and luckily you dont have to be registererd for 8 and over

I am still registered a year on but about to drop the registration .The children i mind have been with me a few years the parents all know and its all arranged and legal.I will need another job as well though as otherwise i wont be working enough hours.It will be good to feel self employed again and the children have been joking they will call me nanny.
I do like older children and doing before and after school care and luckily you dont have to be registererd for 8 and over

If you are looking after kids under the age of 8 you must be registered. If you are not then you can be prosecuted.

If you are looking after a close relation ie grandchild or nephrew then thats different.

I am a registered childminder and I have read the documents.

You may find that someone may report the person if they are not registered. The process for registering is a little daunting but it is essential.

Knowing what I now know I would not leave my kids with someone who was not registered unless it was a close relative I trusted.