Are contracts a legal requirement?

[Mouse]

I've been having a look, but can't find anything that says whether or not it is a legal requirement to have a childminding contract.

I know it's good practice & you're strongly advised to have one, but is it something you have to have?

I always do them, but have one cm friend who doesn't. She says you don't have to. I tend to agree that it's not a legal reqirement, but don't know for sure. She has all the child info forms etc, but doesn't always do a contract.

Anyone know for certain?

[LittleAcorns]

yep, I believe it is :thumbsup:

[green puppy]

Apparently in English law a contract does not have to be written it can be verbal, it's not a requirement by ofsted either. I am waiting to hear back from morton michel to see if not having one could affect insurance. It is good practice though as you say to set out t&c's and have it signed for.

[manjay]

It is a legal requirement in Wales

[Zoomie]

It is a requirement, without it your insurance is invalid, therefore breaking the conditions of registration.

Where does it say in your insurance documentation that it is a requirement, and where is it a condition of our registrations (speaking for Ofsted regulated childminders)?

Good practice to have, but you are able to get all required info in other ways.

[~Chelle~]

Legal requirement or not I would NOT take on a child without a contract.

At least with a contract you are covered and no one can dispute things if they are written in black and white and signed by both parties :thumbsup:

[sonia ann]

...........taken from NCMA website

"Whether you are a childminder, nanny or parent it is vitally important to agree a written contract at the start of your childcare arrangement.

Making sure you agree issues such as payments and sick leave at the start, means you will find it much easier for your relationship to run smoothly in the future.

Registered childminders must agree a written contract with parents as part of their registration requirements"

[green puppy]

Where does it say in your insurance documentation that it is a requirement, and where is it a condition of our registrations (speaking for Ofsted regulated childminders)?

Good practice to have, but you are able to get all required info in other ways.

I edited my post! I have seen that mentioned on here before, but changed my post as wanted to check myself and not give misleading information!

[Zoomie]

...........taken from NCMA website

"Whether you are a childminder, nanny or parent it is vitally important to agree a written contract at the start of your childcare arrangement.

Making sure you agree issues such as payments and sick leave at the start, means you will find it much easier for your relationship to run smoothly in the future.

Registered childminders must agree a written contract with parents as part of their registration requirements"

NCMA are an advisory body, not the law, though I do agree that they stress they will not provide legal assistance if we fail to use their contracts.

A contract itself, isn't a legal requirement of the EYFS, though it does go a long way to getting the information we are required to obtain.

[miffy]

...........taken from NCMA website



Registered childminders must agree a written contract with parents as part of their registration requirements"

I can't remember reading this in the EYFS handbook.

I agree it's good practice but I don't think it's a legal requirement and I'm surprised NCMA are implying it is.

Miffy xx

[Minstrel]

I can only assume they mean registration requirements with the NCMA but they way they have written it implies they are talking about registration with OFSTED,

[Millenium]

Having studied the August 2009 edition of Ofsted's "Are You Ready For Your Inspection", I do not believe a contract (as a condition of registration) is a necessity. However, I would never work without one - not even for ad-hoc care.

[Chatterbox Childcare]

I don't think it is a legal requirement but I cannot see how your insurance company could do anything for you without one if there was a dispute.

Anyone without one is mad and will always be "okay" until something goes wrong

[Mouse]

I don't think it is a legal requirement but I cannot see how your insurance company could do anything for you without one if there was a dispute.

Anyone without one is mad and will always be "okay" until something goes wrong

I wondered about the insurance being invalid if you didn't have a contract. But, the only Ofsted requirement is that you have Public Liability insurance. That doesn't cover disputes does it? That's a separate thing. If you look at the terms & conditions of PL insurance, it covers things like injury/death of a child in your care, damage caused to other people's property etc. You wouldn't need a contract to cover you for things like that.

In addition, they offer you legal advice for disputes etc. I assume you'd have to have a contract for them to help out.

Thanks for all your input people. It's not as straight forward as it seems :rolleyes:

[WibbleWobble]

The parents of my afterschoolies (they came as a job lot of 4) have told me they had no contracts, permissions etc with their old childminder...

she told me last week she got an unsatisfactory last inspection.


she has given up childminding


mandy xxxx