any laws or regulations against using someone from pre-school as a babysitter?

[Sparkletastic]

am utilising the power of MN on behalf of a friend. Friend plus 2 other mums have arranged with a part-time staff member from the pre-school to look after their 3 DCs in the afternoons (they are part-time reception kids). Another interfering bitch mum from pre-school has heard about this and is threatening to report the member of staff to OFSTED. Does she have any grounds to do this as in essence they are using her as a babysitter in their own homes and accept that she will not be insured etc? I thought the only factor might be the need for the babysitter to declare the earnings on her tax return. Any thoughts gratefully received TIA.

Ofsted won't care about a member of staff from a pre-school acting as a babysitter, but they might need to be careful if lots of children are being cared for at one of the parent's homes.

The line from the Ofsted website is you don't need to register as a childminder "If you provide care for children in their own home. This includes caring for children of up to two sets of parents completely or mainly in one or both sets of parents? homes. However, you need to register as a childminder if you look after the children of three sets of parents in any or all of the parents? homes."

The pre-school might have something in their employment contracts about staff not being privately hired out for childcare to stop parents "poaching" staff as nannies, etc, but if so then that's for them to enforce not Ofsted.

Ah thanks squirrel42 - so if it was only 2 families then that would be okay... Nothing in staff contract apparently and they have just cut her days from 4 to 1 per week hence her need for extra work, poor lass. Will let friend know - she and other mums have only done this because the pre-school is so rubbish but seems they might have to think again

Childcare Act 2006 is the legislation you want. Though the more handy bit is, the The Childcare (Exemptions from Registration) Order 2008.

Exempt childminding
3.?(1) The circumstances referred to in articles 2(1) and 2(3) are where a person makes the provision(2)?
(a)for?
(i) a child or children for particular parents, wholly or mainly in the home of the parents, or
<strong>(ii)</strong> a child or children for particular parents (?the first parents?) and, in addition, for a child or children for different parents (?the second parents?), wholly or mainly in the home of the first parents or the second parents or in both homes;
(b) for a particular child for two hours or less per day; or
(c) only between 6pm and 2am. 

~~~ End Quote ~~~

Should you not be fluent in legalise - it's point 3(a)(ii) that is the important one in this situation.

Tax side of things is another matter. Technically the parents would be employing the staff member as a nanny.

thanks nannynick - have reported back to friend that they could potentially be in trouble / get babysitter in trouble. If it were me I might chance it but I wouldn't want to get the babysitter into a difficult situation as she wants a career in childcare.

Hi I'm quite new to mums net but know a bit about this issue. I run a babysitting agency in Leeds using childcare workers but try not to use carers that are at the child's nursery/school etc. Most council run settings will not allow workers to babysit as it may cross the professional boundaries but there is nothing stopping workers doing this as long as it is not in there contract. There is babysitters/nanny insurance that can be taken out its about £65.
Be care as there is a difference between a babysitter/nanny and childminder.
Babysitters that I have on the books are self employed, parents are classed as the employer so there different ways of doing tax. Please contact me for any more info. Hope this helps!

In one nursery I worked in it was in the parent's contract with the nursery that they could not employ members of nursery staff as babysitters unless it went via nursery (so they got commission/agency fee). People did it though.

I would be wary as it's 3 families which would be outside the regs.

Flipping heck by the time some miserable parent has reported her they will be full time anyway.Whats her problem with it, ok it may not be completely correct and if anything happened she would not be insured. But honestly it is ridiculous that she can't do it.