Do step-grandparents need to be CRB checked...

[Mylittlebubble]

... my MIL looks after my DD twice a week for us and her husband of 14 years works from home. Under the law of CRB checks on regular carers of children would my SFIL need to have a CRB check?

Just crossed my mind the other week as i am very unsure of the processes in this area. Oh and I have no issues just interested.

bump

no i dont think so as family dont even need to be registered to watch children so wouldnt need to crb checked

The CMs on here will be able to tell you but I believe if you are a registered child carer you have to add anyone who is over 16 years of age who lives or works on the premises where the childcare takes place. I am just looking at this myself as my au pair has registered through the voluntary register and my own daughter may need to be added.

So if your MIL is used in a registered capacity then you would have to... but.... I assume you don't employ your MIL and it is just an informal arrangement?

If it is and you are not employing your childcare via an agency or they are not registered through OFSTED as a CM then you won't be able to get a CRB for them anyway.

No checks are needed as a Step Parent In Law I think is a relative and isn't therefore subject to Childcare Act 2006 - they are not a Registered Childminder.

Even if you did want a CRB check done... how would you get it done? You can't just write to the CRB and ask for one.

ISA registration is coming in later this year (from July 2010) but even on that there are exclusions for those working on domestic premises.
Source "Domestic employers (eg parents and carers) do not have to check that their employees are ISA-registered but the new scheme will give them the opportunity to check the status of an individual (with their consent) if they wish to do so."

So later this year, if you wanted some reassurance that your SMIL and SFIL do not have criminal convictions, plus they do not object to completing the forms and paying the fee, then you could get them checked by the Independent Safeguarding Authority.

I was just curious following that case where the two police officers who job shared looked after each others children were breaking the law as they were not CRB checked or registered. Going by what you are saying above if they are not employed or paid it doesn't matter but in the case of the officers they did not pay each other but were breaking the law!!

I don't get it

Mylittlebubble, the problem with the police officer case was the loose definition of the term 'reward'. Mutual childcare is seen as reward. Minding a child in the minder's own home for reward is illegal without registration as far as current legislation says. They were childminding a child they were unrelated to. Had they been related or had they been in the other person's home then it would have been totally above board.

The OP's situation is different. A relative doesn't have to be registered to care for the child in the relative's own home, so her MIL doesn't have to be registered (as the child's grandparent) so no-one needs to be checked but if she were registered because she wanted to mind another child then the OP's SFIL would need to be CRB checked.

The ISA situation is different again because your employee such as a nanny or au pair working in your own home counts as a domestic employee and is therefore exempt from a whole bunch of things including compuslory registration and checking (such as a nanny or au pair).

Treeesa - I thought it was people on a premises registered for childcare that needed to be checked. For a nanny/au pair it's the childcarer who is registered, not the place. A nanny is registered for working in virtually any home, a childminder is only registered to their registered premises. It would be extremely odd if your daughter had to be CRB checked to be in her own home with her sibling(s), or if she's being supervised by the AP.

Sorry you are the OP!

head meets desk

frakkinaround - yes it is the person who is registered rather than the premises. It is because of other kids who will be in our house rather than my own kids... I think we have found out it is not needed... We have friends whose kids go the same school as my youngest. My au pair wil be in charge of their child also until they pick him up at 6pm. She and other au pairs have always done it on a casual basis one or two days a week, but now she wants to earn extra cash and formalise it on a daily basis. She can look after other family's children as long as she doesn't have too many. My DD is 16 and will usually be there most of this time.. I think it is just like having my son's friends over in a normal domestic situation and all of our family don't need to be added as we would do in the case that one of us was a CM..

Treesa - I think your work around is that you call it a nannyshare... your au-pair looks after children from Family A (that's your family) and children from Family B (that's the extra child) in Family A's home.

Otherwise known as:

3.?(1)(a)(ii)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;
~~~ End Quote ~~~
Source: The Childcare (Exemptions from Registration) Order 2008