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Paid childcare

Discuss everything related to paid childcare here, including childminders, nannies, nurseries and au pairs.

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Original poster

Employing a friend to look after my DS - how would it work?

19 replies

lowrib · 11/12/2009 19:15

Basically, how can I legally employ my mate to look after my child one day a week, most weeks?

She's not a registered childminder, but I'd like to pay her. I understand she'd need a CRB check if we were to make the arrangement official, but would she be an unregistered childminder? (Is there such a thing?)
Or does this count as baby sitting? (What is 'babysitting' in the eyes of the law these days?)

TIA

OP posts:

Are your children’s vaccines up to date?

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Original poster

lowrib · 11/12/2009 19:19

The reason I'd like to make it official BTW is that she's looking for work at the moment, and it'd be nice if she could put in on her CV. I need occasional childcare, but it's usually last minute, on odd days, but a registered child minder isn't the most flexible option.

And my friend and DS love each other already anyway

OP posts:

Avadtoomucheggnoglatte · 11/12/2009 19:20

Nannying.

Original poster

lowrib · 11/12/2009 19:22

Oh, I thought nannies had to be qualified, is that wrong?

Can anyone work as a nanny?

OP posts:

alarkaspree · 11/12/2009 19:26

I think if she comes to your home it would be babysitting, and she would be self-employed - same as if you had someone to clean one day a week.

If she looks after your ds in her home then she would have to become a registered childminder.

Original poster

lowrib · 11/12/2009 19:33

It would be in my home.

Would it still be babysitting if she did several days?

OP posts:

Missus84 · 11/12/2009 19:37

No, she would be your nanny. You would need to register as her employer and operate payroll, pay tax and NI - but you can use a payroll company to sort that for you.

Anyone can be a nanny - she only needs to have a qualification and CRB if she wants to register with Ofsted. If you want to use childcare vouchers or tax credits to pay her then she needs to be Ofsted registered, if not then she doesn't.

HSMM · 11/12/2009 21:46

Make sure it's at your house and not hers, because being an unregistered childminder would definitely NOT look good on her CV.

Original poster

lowrib · 11/12/2009 22:31

I thought everyone who looks after kids for any kind of reward needs a CRB these days? Wasn't there something in the news recently about two policewomen who were looking after each other's kids, and this was actually illegal as they were effectively getting payment in kind?

I have no doubts about my friend (have known her years!) but just wanted to know what we're meant to do legally.

OP posts:

Missus84 · 11/12/2009 22:39

The two policewomen were in trouble because they were looking after the other child in their own home, so were considered by Ofsted to be unregistered childminders.

There is no requirement for nannies to be registered, qualified or CRB checked. You may employ anyone you want to work in your home.

Original poster

lowrib · 12/12/2009 00:52

Oh, I see! Thanks for your explanations Missus84, that makes things much clearer.

OP posts:

Sawyer64 · 12/12/2009 01:35

I believe the law was "reversed " on those Policewoman friends.It isn't illegal to look after your friends child now regularly,and not be a qualified childcarer.

Blondeshavemorefun · 12/12/2009 16:22

as missus84 said she could come to your house and be a nanny for a day - no she doesnt need a crb/qualf butif she is serious about looking after children then would be good to try and do some kind of childcare course to make her more employable

bonkerz · 12/12/2009 16:26

sawyer is right, it is now legal to operate a reciprocal childcare arrangement SO you could NOT PAY ;) your friend but instead offer childcare in return then nothing needs to be done.

Millarkie · 12/12/2009 16:39

She would be an unqualified nanny - which is perfectly legal (although if she can fulfill the ofsted requirements for registration and you can get childcare vouchers from work then it could save you money and look better on her cv (but she would have to do a short childcare course as a minimum to be able to do that).
ords in case she gets another job).
You will be her employer and will need to give her a contract of employment, paid holiday, and pay her income tax/NI and employers NI etc.

nannynick · 12/12/2009 18:06

I don't agree that the law was "reversed". I'm not sure the law (legislation) has actually been changed at all. What I think has happened is that Ofsted have been told to consider such cases with a bit more care.

lowrib - I agree with the others who say that she would be a nanny working in your home. Nannies don't have to be qualified, don't have to be CRB checked etc. It's still currently up to private individuals to decide who is and isn't suitable to care for their own child, in their own home. You will be her employer, so will need to comply with relevant employment law and taxation.

What is 'babysitting' in the eyes of the law these days? - that is a very good question... will start a new message thread with that as the title, as that discussion may be very interesting.

stomp · 12/12/2009 19:28

Sawyer64 the arrangement you were discribing is reciprocal childcare and the exact legal standing is still unclear.
Lowrib i believe you will need to employ your friend as a nanny to remain inside the law, she could then safely add it to her CV as a legitimate experience of work.

Sawyer64 · 13/12/2009 17:05

I just remember the interview with the Policewoman,they were asked how they felt about the "reversal" they just said they are glad its been changed for others,but as their children were settled with other carers,they wouldn't unsettle them now.

bonkerz · 13/12/2009 17:32

www.telegraph.co.uk/education/6308522/Ofsted-childcare-ban-scrapped.html

nannynick · 13/12/2009 19:07

"Now Mr Balls has written to Christine Gilbert, the head of Ofsted, ordering her to make clear that the law should not interfere with arrangements between parents."

All well and good but the legislation has not been changed to my knowledge. So the law still applies, Ofsted have been told to interpret it differently to how they were. The new interpretation only applies when there is no money passing between people.

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