Confused about childcare?
You've probably heard in the news about the two female police officers who have been told they are breaking the law by looking after each other's children. Has it made you wonder where you stand?
The women were told they were violating the Childcare Act because they were caring for each other's children for more than 2 hours a day so that they could return to part time work while their children were looked after - what Ofsted judged a 'reward'.
The story has left us confused - are we allowed to invite our childrens' friends round for tea if they're going to stay for more than 2 hours? Can we still host sleepovers? Can we leave our kids with babysitters?
So we set out to clarify the law and tell you what's ok and when you need to worry - but some of the advice is quite confusing.
Here we've explained the rules on you looking after someone else's children (obviously if you're actually setting up a childcare business then different rules apply - visit Ofsted's website for more info).
Am I breaking the law?
You can carry on as normal and don't need to worry about potentially breaking the law if:
- You look after children who are 8 years old or over,
- You only look after children for less than 2 hours a day,
- You are related to the child (this applies if you are a grandparent, aunt, uncle, brother, sister, half-brother, half-sister or you're related through marriage or a civil partnership)
- If you only provide care between 6pm and 2am on domestic premises (which means your own or someone else's house - so babysitters are fine!)
The confusing bit
What is a reward?
Ofsted's guide says you don't need to register if you care for children under 8 years old at your home or at someone else's home, as long as you don't receive any payment or reward. So it seems that this means you can invite friends round for tea, have sleepovers and so on without worrying. But the confusing bit is what is classed as a reward - in the case of the police officers, their job sharing arrangement was judged to be a 'reward' although the mothers never paid each other.
An Ofsted spokesperson told the BBC that a reward can be money changing hands, a supply of services, a supply of goods or some reciprocal arrangements, like the mothers' childcare arrangement which meant they could both go back to work.
It has been reported that Ofsted is currently discussing the interpretation of the word 'reward' with the Department for Children, Schools and Families
The 14 day rule
Another confusing part of the guide is that if you care for children under 8 'on specific premises' (which means in the same place) for 14 days or less in a year you don't need to register with Ofsted - even if you're receiving payment or a reward. But you do have to let them know in writing at least 14 days before the care starts.
If you're not receiving a payment or a reward you can carry on without worrying for as many days as you like (according to the rules above).
If you're receiving a payment or a reward for looking after children for more than 14 days per year then you do need to register with Ofsted - unless any of the above rules apply (for example the children are over 8 or you're looking after them for less than 2 hours per day).
Have a look at Ofsted's Registration not required form for more info.
Are these laws going to affect you? Email us and let us know or leave a comment in the box below.
More childcare help from goodtoknow
- Find out more on the different types of childcare and which is best for you
- How to choose the right nursery
- Going back to work after a baby: Your rights and options
By Katie McPhillimy
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vikki, about 1 month
I think these outragous, My friend an I look after each others kids on a regular basis, for work and social events. I can't believe that this is against the law. It's rediculous. This is going to affect hunderds of working parents. Surely it saves the government money, for two people to share childminding duties without any cost or register as a childmind charge for something that you would happily do for free then claim the money from tax credits.
Report this commentCharmian Carter, about 1 month
I think as usual the goverment is getting too stupid for words. I think it is up to the parents who looks after their children when, and how often, and what they give in return, This story is a simple way that two mums could return to work and look after their children safely. Obviuosly it is up to parents to see that they are happy with any child care they are getting, and that their children are SAFE. But the goverment, and this is all down to the goverment, should go to he--!!!!!!!!And stop interfering in peoples lives. They should actually try and goven the country properly, instead of all of this nuisance.
Report this commentInge Challinor, about 1 month
I am absolutely speechless by this ruling! On one side the government is pushing lone parents into work and on the other side there are these ludicrous laws in place. many young families and lone parents haven't got their family living near by, so friends make arrangements and help each other out. Rather then punishing and banning this, this should be rewarded! Where is the common sense gone? It's the law that needs changing not us adapting to it.
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iby, about 1 month
definitely ofsted is anti mum, i can't believe this !!!!!there's a lot wrong with d economy for govt to solve but instead they take pleasure in interfering with personal life and rewards people are happy giving. well d real problem is the govt is not happy that people are taking kids out of nursery cos its costing them more than they are earning and its affecting d govt's pocket. u dont care about he children , what u only care about is making money from people who dont av it and struggling hard to fend for their family. shame on u!!!!!!
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