Am I breaking the law by doing this

[dingdongmerrilyonpie]

I've posted this in chat but also wanted to ask you lot if I am breaking the law by sending my ds to an unlicensed CM. Obviously, I know that she is.

Why would you, irrelevant of legalities?

I don't know but why would you want too? You'd have no comeback if anything went wrong.

She is breaking the law by caring for your child without an Ofsted registration.

If your child had an accident whilst in her care she would have no insurance to cover her.

Please dont do this - she will not be inspected or CRB checked - she could be anyone. Dont put your child into this situation, however lovely she might be.

Also, I would strongly urge you to report her to Ofsted as she is putting all of the children that she cares for in potential danger.

Because she is the only one who picks up from my school who has a space available and I've just been offered a job to start in the new year.

You know you can't do this. There has to be another alternative.

She is breaking the law.

She does have a CRB check, I am 100% certain of that.

Actually if she only does after school care for less than 2 hours per day then she's not is she? I think if it's less than 2 hours per day she doesn't need to be registered.

so do i

not good enough

I would call the CIS/FIS as they have a more up to date list of CM's in your area, including the newly registered ones who are likely to have spaces.

Alternatively, there is a thread on here of minders who have no mindees, flag up your general area and you may find that there is a match on here for you?

Where abouts are you?

Aren't registered ones more expensive though - I know registered CMs are insured but why would I need a financial payout if my child injures himself when I wouldn't have to pay for NHS treatment anyway? I don't understand what the relevance of insurance is.

I can[t believe you just wrote that.

Sort yourself a registered CM.

I haven't done anything wrong. I'm just pondering my options and asking people whose opinions I value, obviously, otherwise I wouldn't be asking you. I really need to know, doesn't mean I'm gonna do it.

Registered ones are not more expensive generally. It ranges from which area you are as to how much they are. Your local FIS/CIS website will tell you how much they are.

Also, are you seriously telling us that if your CM and dc were in a bad car accident (fingers crossed touch wood that they arent) that you would just get him treated by the NHS and not expect some sort of payout by her in compensation?!
Her car insurance wouldnt cover your child as she wouldnt have the right business cover etc

I don't see why this is such a terrible thing to do, myself. People do, after all, look after each other's DC here and there as friends/neighbours, and it would seem pretty ludicrous to insist that everyone we ever interact with is licensed to exist and insured against catching a cold.

The thing to remember with stupid laws, also, is that you need to assess the risk of being caught. I don't know the exact legal position myself, but someone probably will.

oh yes, I see, I hadn't thought of that .

OK so if I get a registered CM how do I know she's insured or that she doesn't ever let her insurance premiums lapse by a week or two when she's feeling the financial pinch.

they dont have to be registered if working in your home

They wouldn't be involved in a car crash, this lady doesn't drive. See, sticksanta raises a good point about looking after each others kids.

We dont mean to have a go, its just that this is a serious thing for us especially considering that the reg process is relatively easy to do.

The safety of the children is paramount to us and that is why we get so upset when people talk about using un registered CMs.

Let us help you and tell us what sort of area you are in?

The CM should show you her certificate of insurance and Ofsted certificate and these should be available for you to see at any time

littleducks I didn't know that. See how stupid the law is.

LucyT - I am sure I heard something recently (maybe on here) about new regulations being so complex, intrusive and unreasonable that they are putting people right off becoming childminders: is that so?

If I don't take up this job offer, my other thought is to become a CM myself, registered obviously.

The regs are a bit OTT but its not putting people off registering, its more that the CMs are leaving the profession due to the increased paperwork.

I know that on my course in July, there was a waiting list to even get on the pre-reg course so people are adapting to the paperwork required.