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Ofsted / CRB regulation for workers in a private gym (who teach 3-5 year olds).. where can I find them?

24 replies

AtheneNoctua · 28/01/2009 09:35

Can someone please point me to these? I've had a look on Ofsted website but I'm not sure where yoga class for 3-5 year old fits into the various categories. It's not a school, it's not a nursery, it's not a childminder, etc.

If anyone can point me in the right direction I would very much appreciate it.

I want to know what CRB and anything else is required for the teacher of the class and for her assistant. And I want to know if the assistant can be given sole charge of a child.

Thank you!

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Hassled · 28/01/2009 09:40

This is useful

Hassled · 28/01/2009 09:44

From wiki.volunteermanagers.org.uk/index.php?title=Criminal_Record_Bureau_Checks#Training_about_CRB_Check s, it says:

The Protection of Children Act (POCA) legally obliges organisations to obtain a CRB check for certain staff and volunteers. The Care Standards Act and regulations made under it set out requirements for CRB checks in the adult social care sector. In addition inspection organisations such as OFSTED and Commission for Social Care Inspection may also have a requirement for CRB checks in their inspection regimes.

AtheneNoctua · 28/01/2009 10:08

Thanks... am reading...

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AtheneNoctua · 28/01/2009 10:09

I wonder if I have any right to see the CRB check? Alos, do you think the gym has to be Ofsted inspected? If so, where could I find the Ofsted report?

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Hassled · 28/01/2009 11:02

This is the list of who Ofsted inspect. Unless the yoga thing is "out of school care" then it doesn't look like they need Ofsteding. Unless it's "sessional daycare"?

islandofsodor · 28/01/2009 11:09

Children's activity classes are exempt from OFSTED registration unless they provide more than3 different types of activity in which case they would be seen as providing daycare.

The owner/person who runs the class has to ensure that anyone who they employ who has unsupervised access to children is suitable to work with children. The only way of doing this which would stand up in court is currently a CRB check. CRB checks are not strictly necessary if parents stay in the class but it would be good practice to have one.

The grey area is a self employed owner who runs the classes themself does not legally have to have a CRB check (see the thread about private singing teachers), most will get one if they possibly can. Their legal duty is to ensure anyone they employ (paid or voluntary) is suitable, not themselves if you see what I mean.

KatyMac · 28/01/2009 11:36

If the classes are less than 2 hours then OFSTED is unlikely to get involved, as it would be completely unregulated

AtheneNoctua · 28/01/2009 12:24

ok, it's a one hour class in a big name chain of gyms. I can find an ofsted requirement for the crech at the gym (think it is run by Tinies?), but these classes are separate from the creche. Does this mean the lady who runs the yoga class for 3-5 year olds whose parents do not remain in the class needs a CRB check? What about her daughter who helps her (and appears to be about 12 years old and therefore I doubt is CRB checked)?

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KatyMac · 28/01/2009 12:54

As far as I know there is no legal requirement for CRB's

It is thought 'Good Practice' to get a CRB check if you are employing someone to work with children. But the teacher maybe self employed, & as a self-employed teacher there is no possible way (yet) that they can obtain a CRB check (this is changing with the introduction of a new body - Can't remember it's name sorry)

KatyMac · 28/01/2009 12:54

CRB checks can only be obtained for people 16 yrs and over

AtheneNoctua · 28/01/2009 14:15

Do you want to know what I found on the David Lloyd website?


The programme of our activities for kids is run by our specialist in-house Children's Activity Team. All our coaches are trained in activities for children and how to make sure your child gets the most from them.

And naturally all our team is CRB checked

***

So can call anywhere to find out if someone does actually have a CRB check?

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KatyMac · 28/01/2009 15:44

No - the CRB belongs to the person

David LLoyd should have a signed form saying that a manager has seen a CRB & that is appropriate - but you can't unless that person wants to show it to you

I recently was required to offer my staff their CRB's back, my staff refused and I still have them - this is apparently to do with the possibility of people finding out their names, dob & address for fraud

AtheneNoctua · 28/01/2009 20:53

Thanks, Katy. I just mean if I asked David Lloyd would they have to tell me "Yes, she has a CRB check and we have seen it and it is current" or would they just say, "sorry, we won't can't disclose that information"

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KatyMac · 28/01/2009 21:06

There is no advantage to them to say we won't disclose this information - if they want custom they will advertise & promote the CRB checks

Our staff decided to leave their with me so that I can show them to prospective parents and gain more business therefore securing their job......

nannynick · 28/01/2009 21:55

Could you not just ask the Yoga Teacher to show you evidence that they are suitably qualified to teach Yoga, have the relevant Insurance (if they work for David Lloyd then they will be covered by David Lloyd's insurance - but if they just rent space, then they need their own insurance in my view) and CRB checks in place?
Surely a teacher of Yoga would be willing to prove this kind of thing if asked about it - as if they didn't, they wouldn't have any customers!

AtheneNoctua · 28/01/2009 22:25

Yes, of course I can ask her. But, I wanted to make sure I know what she should have before I start that conversation.

I have heard that she does not have a CRB check. I think she had one but it expired.

I'm a bit annoyed about this. But, still pondering whether or not I really want to bother with a formal complaint.

What would be the consequence for David Lloyd if they were offering classes taught by teachers who have expired CRB checks, I wonder.

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KatyMac · 28/01/2009 22:41

They don't expire

Well actually t hey do - they expire the day after they are printed (as that is when a crime could be committed)

Again it is 'best practice' to renew every three years but as a childminder I cannot get OFSTED to renew mine - it's on a time table; they will get round to me

Hulababy · 28/01/2009 22:42

Are the children left on their own with the Yoga teacher?

nannynick · 28/01/2009 22:50

Ah that makes sense.
CRB check's don't have an expiry date on them. They are a snapshot at the time it is done, so technically it has expired by the time the person gets it (as postage isn't same day).

I expect there is no consequence to David Lloyd... Private Gyms (and come to think of it any kind of private members club) to me seem to be unregulated.
There is however an association some will belong to, and Scott Lloyd is on the Board of that association - so I expect that David Lloyd is a member of the Fitness Industry Association (plus any other clubs they own under different names). There is a lookup facility on the FIA website. They have a Code of Practice but don't make it public - hmm, why is it for members only? Surely it should be available to the public... shouldn't it? I would expect the Code of Practice would include things to do with Child Protection.

morocco · 28/01/2009 22:53

is the yoga group part of a franchise? they might have their own rules about what their franchisees have to do - eg have current crb check

tbh I really don't see why you want a 12 year old to have a crb check, more to the point, do you really want a 12 year old to be in sole charge of a 3-5 year old?

ofsted doesn't apply to those kind of children's classes unless you are providing more than, I think, 2 hour classes - one reason why a lot of summer activity classes are 2 hours long

morocco · 28/01/2009 22:53

is the yoga group part of a franchise? they might have their own rules about what their franchisees have to do - eg have current crb check

tbh I really don't see why you want a 12 year old to have a crb check, more to the point, do you really want a 12 year old to be in sole charge of a 3-5 year old?

ofsted doesn't apply to those kind of children's classes unless you are providing more than, I think, 2 hour classes - one reason why a lot of summer activity classes are 2 hours long

morocco · 28/01/2009 22:54

sorry for double post

nannynick · 28/01/2009 23:07

Found more about the FIA Code of Practice. FIA Code of Practice leaflet says that to see the Full Code,
"ask your leisure facility, they are obliged to hold a hard copy."

All instructors must be on the Register of Exercise Professionals.

Found a 2006 version of the Full FIA Code of Practice

AtheneNoctua · 29/01/2009 17:35

Thanks everyone for your help. Have been very busy today and haven't had much MN time. But, there's some helpful stuff here. Thanks

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