Need Legal help interrpreting OFSTED rules/Childcare Act & possible infringement of the Disability Discrimination Act

[KatyMac]

NannyNick has referred to the Childcare Act (over here) and we need to know if they mean "at a time" or "altogether"

It's quite important

Sorry - didn't mean to be negative

Thanks for bringing us up

Just wondered if they'd give you a different answer from a different area office which would show it's a right muggers buddle- & it has!!

sigh same old same old with OFTSED-you'd think they'd all be singing from the same hymn sheet by NOW wouldn't you???

So what did your advisor suggest? Are you just wait & seeing? Bloody frustrating isn't it???

That's it wait & see

I'm stuffed

here

Just a term like "sessional provider" is now.....I'd still call you a CM & you can still call yourself that parents won't be bothered woith the technicalities & if they are you can explain it is OFSTED speak!

But planning?

I think you are worrying about a technicality. Wait & see how the local authority view it. You don't need to apply for planning if you are an established business & your nursery is a different site & IS a business premises.

So I just close childminding?

Nooooo wait & see what the LA say, I'm sure you'll find they won't expect you to change your profession if it is in your own home.

What has your area advisor told you to do? I don't think you CAN do anything till they decide what they are going to finally say is the way to go.

Whether you are registered as a CM (under 3 people with you)or childcare from a domestic premises (more than 3 people) you can still CALL yourself a CM, you just explain to people that it's a technical classification by OFSTED. Play it down & emphasise the exisiting good service youalready provide.

The local authority can't FORCE you to change your business title if the new clasification says "domestic premises" I would have thought.

No they can't force us to, but they can put it as an action on our inspection and fail us for it

Sorry I'm confused- fail you for WHAT?

Has OFSTED or the Local Authority actually written to you asking you to change anything?

(think I may be misunderstanding the situation & therefore NOT giving you the best advice!! ]

I need to meet daycare standards as I will no longer be childminding

So I need a separate baby room, an extra toilet, a staff room, 2 members of staff at all times one of whom is NVQ3 & as a business I need planning permission to allow me to use the property as a business

None of which I have

Yes but is that your interpretation or has someone SAID /written that to you? (confused)

As I understand it you would be in a
"childcare on a domestic premises" category therefore still a childminder but a group of instead of sole CM. That is NOT daycare which is defined as having children on a business premises with however many staff are needed for the ratios.

Sorry to be thick,just chewing ideas over, I don't want you to get stressed by something you may not need to be worrying about -you have enough other stuff on your plate!!

It is EYFS (so not daycare or childminding) In EYFS there is either 'childminding' or 'not childminding'

This new thing is definitly 'not childminding' - see this email from OFSTED

"The law states that where more than three persons at any time provide or assist in the provision of childcare on domestic premises, then it is no longer childminding.

This means that both the options you have listed in your query would trigger a change in registration from childminder to childcare provider on domestic premises.

If the provision is made up of more than three persons, even if they don't all work together on the same day(s), then you will no longer be acting as a childminder but as childcare on domestic premises."

But "Childcare on domestic premises" is NOT daycare!

EYFS is not even out yet & it is not a statuatory body OFSTED is.

I would hang fire, send back the form we all got asking us whether or not we agreed to the registration categories stating your concerns & wait & see what the outcome is of all the discussion after the dust settles. No-one knows what is going to happen as they haven't ironed out all the bumps yet- you can't be the only CM group in theis dilemma. Bet OFSTED just haven't thought outside the box of Cm or not CM.

Alternatively DON'T send it back, they will then automatically re-register you as a CM for now & then see where the new stuff takes us.

I can see why you are worried because no damn bugger will get off the bleeding fence to think of your particular situation damn them. But they CAN't force you to change registration I'm sure of it.

pours katymac large glass of wine & passes choccies

The Coucil (dev workers) spoke to them today & I have a phone number to ring tomorrow

Apparently OFSTED haven't written the guidence for this new catagory & they are expecting us to meet the EYFS guidence (which I spent today reading) & it's either Cming or not cming

Thanks for the choc (don't drink wine)

Come & join us over here

OFSTED have changed their minds

So have the DCSF

So we can be childminders because we are all part-time

grrrrr all that stress about nothing