View Full Version : Mindees travelling in another car without you **Update**

Chatterbox Childcare
27-09-2010, 08:33 AM
Carol put a thread on here but I cannot find it.

After a lot of tooing and frowing this was Ofsted's reply to my question::


I go out and about with another childminder and the children sometimes swap cars (numbers permitted) and other times in the school holidays they travel with friends in another childminders car.

Both the childminder and I are Ofsted registered, have Class 1 Business Use on our insurance and have parental permission

Is this okay to do? If not, why not?

Thank you for your e-mail.

In response to your enquiry this is perfectly acceptable as long as you remain within your numbers.

Thank you for the quick response.

Does this ruling apply to children on all registers?

Please be advised there are no specific legal requirements for transporting children by minibus or any other vehicles. However there are some requirements on both the Early Years and Childcare Registers that providers would have to take into account.

For the Early Years Register, the Early Years Foundation Stage (EYFS) includes requirements relating to suitability and safety such as:

Carrying out appropriate checks, which include a CRB check on any person with unsupervised access to children.

Ensuring that anyone who has not been appropriately checked does not have unsupervised access to children.

Making a robust risk assessment associated with the trip to and from the setting

Making sure required ratios are in place if the care of the children begins when they are collected.

Complying with any additional legislation such as the Road Safety Act.

Making sure that children receive sufficient support and care to meet their individual needs

Providers must meet these requirements to ensure they continue to meet the needs of children safely and sensitively, and comply with the requirements of the EYFS. Specifically for outings providers:

must carry out a full risk assessment for each type of outing, taking account of the nature of such an outing (this is not for every outing but the different type of outing such as a school run or a trip to the park and so on)

should, in line with statutory guidance, keep records about vehicles used to transport children, including insurance details and a list of named drivers. Providers should ensure that drivers who use their own transport are adequately insured. Where relevant to the provision the statutory guidance also asks providers to consider as good practice taking essential records and equipment and, except where there is reasonable excuse that they obtain written parental consent for outings or where the child is picked up by another adult.

It is for the provider to demonstrate through their risk assessment how the levels of supervision used are appropriate and if a driver is left to be unaccompanied the circumstances in which this would be acceptable.

For those on the Childcare Register, again there are no specific requirements relating to the transportation of children. However, as with the EYFS, providers have to ensure that if they are transporting children that they continue to meet the requirements relating to suitability of persons caring for children and the safety requirements to ensure that children are transported safely and their individual needs are met. You can find the requirements for the Childcare Register online at:

Childminders and home childcarers - www.ofsted.gov.uk/publications/080161
Childcare providers on domestic and non-domestic premises - www.ofsted.gov.uk/publications/080143

You should note childminders remain responsible for the children during any period they are in the sole charge of an assistant. If anything were to happen to the children while in the sole charge of an assistant, any action taken by OFSTED would be against the childminder. You are legally responsible for your minded children in your care at all times.

buzzy bee
27-09-2010, 10:06 AM
Hi Debbie

Thanks for this... I was just about to ask a question about this.

My mum is down as my assistant with Ofsted, and I have a slight issue on Thursday, where I have a new child, and they're being picked up at the time of the nursery run... the mum has said she doesn't mind me leaving him home with my mum usually, but for the 1st day she doesn't want me to, so I'll need to stay home with him for him to be collected and get my mum to do the nursery run...

I have business use on my car, but she isn't insured as a named driver - she's insured on her own insurance to drive other cars... so will she be okay to pick up a mindee? I'm guessing not from what you've said!

Chatterbox Childcare
27-09-2010, 10:39 AM
Is your mum registered as an assistant, have parental permission to be left, first aid qualified and do you have employers liability. If you answered no to any one of these questions your mum cannot be left in sole charge or do the nursery collection

Insurance - your mum needs to be fully comp and her insurance on her car isn't enough and it would be 3rd party. You need to add her as a driver on your policy and then you will have Class 1 business use for her

27-09-2010, 11:56 AM
it's as clear and as succint as any osted reply

i am glad to know it is ok with ofsted, i work very closely with another childminder she has an 8 seater and i have 7 so sometimes she has needed to take one of mine if i am full.
we have parental permission and all parents know the minder in question but it's still good to know that we're ok with offie