Hypothetically would this be ok?

**Becci26** · 26-05-2013, 08:28 PM

Hiya,

Hope you're all enjoying your bank holiday weekend,

My baby is due in August and was hoping to be off until January, however now DH has been made redundant and is setting up his own business it looks like I will need to be going back to work ASAP (health dependant!), so am thinking back to work for the start of Autumn term.

If I do this I think it is quite likely 2 of my existing children will return to me as they have both made noises about missing me and that the children aren't settling elsewhere (have had to finish early due to spd).

One of my mindees has a sibling who was originally due to start with me this month, so she would, in theory, start with me in September too,

Sooo my question is would it be ok for them all to come back to me as continuity of care?

It would mean (on 1 day a week) I would have:

2 x 2.5yr olds (both existing mindees)
1 x 1 yr old (sibling of mindee)
1 x baby (my lo)

I think this is ok but can someone confirm for me please?

**NinaBowen** · 26-05-2013, 08:43 PM

I would say that even if you weren't looking after these children at the moment and going on maternity leave you could still go ahead and do it because if you had 2 x 2.5yr olds and the sibling of the mindee that if your 3 under 5's so no problem there. But your own baby is an exception. Or if because your baby came first and then you had to sign a new contract with the 2 x 2.5 year olds the exception would be the sibling of the mindee because of continuity of care.

I think!

**~Grasshopper~** · 26-05-2013, 09:09 PM

i think so yes. its continuity of care x

im having my baby end of aug by csection and have 3 weeks off. when i return i will have:

my own 3yr old
my newborn
2 x 2yr olds.

as well as my 5 yr old and 3 over 8's. i cant afford to take any longer off so im not, i will be looking after my own children and doing school runs anyway so may aswell get paid.

xx

**Becci26** · 27-05-2013, 07:40 AM

Ok thanks, yes that's what I thought.

It's a bit complicated as they are not currently in my care but they have not officially left me just effectively on maternity leave.

It would be great if these 3 come to me as would mean I could just work 3 days a week for a little while - 2 of those days finishing at 2:30! Then once baby is a little bigger look at taking on another part timer.

**sarah707** · 27-05-2013, 06:56 PM

I am a bit bothered by this one Becci.

Reading it again, it's not continuity of care because the little one is not with you yet - so you would be taking the little one on as new business.

it's not a variation because of a sibling baby either as allowed in Eyfs requirement 3.40 because the little one is over 1 - and requirement 3.40 specifically covers 2 under 1.

I have never heard of anyone using their own baby as the variation to care for 3 older children at the same time (even supposing it's ok to do it for what I am reading as new business) and my concern is that an inspector might think you are taking on too much with your own little one being so small...

Some variations which are theoretically ok are being questioned by inspectors who make their own judgements about what the childminder is capable of doing.

It's been on my mind all day - I am not sure and I don't want you saying yes to something that might get you into bother - so can I please suggest you re-read the Eyfs and guidance and, if you do decide to go ahead, you get an ok in writing from your local DO or similar so you can show you have taken proper advice.

xx

**kp0781** · 27-05-2013, 07:46 PM

This is interesting as I would have thought this ok ( no expert!!!) . Sorry to hijack your post but I look after a sibling baby of a child I already look after and my own baby. I have 2 mindees 31/2 and just turned 1 who are sisters and my own 2 the same ages. I thought if you were having a baby you could have back the children you were looking after plus your baby. Confused now :-(

**Rick** · 27-05-2013, 08:08 PM

Originally Posted by kp0781

This is interesting as I would have thought this ok ( no expert!!!) . Sorry to hijack your post but I look after a sibling baby of a child I already look after and my own baby. I have 2 mindees 31/2 and just turned 1 who are sisters and my own 2 the same ages. I thought if you were having a baby you could have back the children you were looking after plus your baby. Confused now :-(

I think the point is the LO hasn't started yet so is classed as new business. 2 existing mindees are ok for continuity of care as they would return after maternity leave. Becci's own LO will be born before September so she will already have three before thinking about the forth child who won't start till September. New business is not allowed. As Sarah says, sibling is not a baby (under 1) so does not comply with 3.40 of the EYFS.

Very confusing I know.....I'm not sure if I've got it right but this is my understanding.

**Becci26** · 27-05-2013, 08:16 PM

Originally Posted by Rick_Knight

I think the point is the LO hasn't started yet so is classed as new business. 2 existing mindees are ok for continuity of care as they would return after maternity leave. Becci's own LO will be born before September so she will already have three before thinking about the forth child who won't start till September. New business is not allowed. As Sarah says, sibling is not a baby (under 1) so does not comply with 3.40 of the EYFS.

Very confusing I know.....I'm not sure if I've got it right but this is my understanding.

Yes this is how I understand it too now Sarah has pointed it out.

Initially I was assuming because it was a sibling baby she would be ok but of course she will be over 1 in September so as u say doesn't comply with 3.40

I am going to try and seek clarification within the la but as we no longer have a DO I'm not sure who to speak to :/

Such a shame if I won't be able to do it as I love both these families lots

**kp0781** · 27-05-2013, 08:17 PM

Ok thanks......think I've got it!!

**Rick** · 27-05-2013, 08:26 PM

Originally Posted by Becci26

Yes this is how I understand it too now Sarah has pointed it out.

Initially I was assuming because it was a sibling baby she would be ok but of course she will be over 1 in September so as u say doesn't comply with 3.40

I am going to try and seek clarification within the la but as we no longer have a DO I'm not sure who to speak to :/

Such a shame if I won't be able to do it as I love both these families lots

I think you also have to think of yourself and not overdo it. My DS is two weeks old. Luckily my wife has allowed me to have a good nights sleep so I can work the next day but she has had irregular sleeps, up at night, asleep some of the day so maybe consider it a good thing if you have to stick to three.

**Becci26** · 27-05-2013, 08:36 PM

Originally Posted by Rick_Knight

I think you also have to think of yourself and not overdo it. My DS is two weeks old. Luckily my wife has allowed me to have a good nights sleep so I can work the next day but she has had irregular sleeps, up at night, asleep some of the day so maybe consider it a good thing if you have to stick to three.

Yes indeedy, I wouldn't want to be irresponsible with it at all,
Part of the reason I wanted to be off until January was because of sleep exhaustion, it could potentially be bad enough anyway let alone having work being thrown into the mix...
DH is registering as my assistant so would at least be around in the early days whilst his business is slow should I need him..

Or perhaps it'll be ok and we can survive without me having to go back to work early, honestly the timing of everything could not be worse!

**kp0781** · 27-05-2013, 08:46 PM

I agree with rick re not overdoing it!!! I really feel it if I've had a bad night!
Grasshopper have you had a cs before? 3 weeks is quite soon to return if you don't mind me saying.

**lubeam** · 27-05-2013, 08:49 PM

Originally Posted by Becci26

Yes indeedy, I wouldn't want to be irresponsible with it at all,
Part of the reason I wanted to be off until January was because of sleep exhaustion, it could potentially be bad enough anyway let alone having work being thrown into the mix...
DH is registering as my assistant so would at least be around in the early days whilst his business is slow should I need him..

Or perhaps it'll be ok and we can survive without me having to go back to work early, honestly the timing of everything could not be worse!

Sorry t be no help and go off on a tangent , but I was wondering if you need a new CBR for dh t be an assistant or will the one he gets when you register be enough ?! Thanks in advance

x

**CLL** · 27-05-2013, 08:51 PM

I didn't realise the sibling had to be under 1. Strange rule as mums can take 9-12 months off on maternity leave. Why does it matter how old the sibling is if mum is just returning to work? What if she wanted to take 13 months off? Would she then not be allowed to use the same cm?

**sarahmc** · 27-05-2013, 10:33 PM

Could the sibling not start now on a few hour basis? It could then be classed as continuity of care?

**Chatterbox Childcare** · 27-05-2013, 11:31 PM

Whilst I understand the concerns about ages the way I read the EYFS you could have all 4 children at once

You currently have 2 x 2.5 year old mindees and then you will have your own baby which makes three and then a sibling of a mindee comes along to make 4. This is continuity of care for the current parents and not new business the way I am reading it.

Also if you DH is your assistant then you can increase your numbers anyway

**~Grasshopper~** · 28-05-2013, 05:55 AM

Originally Posted by kp0781

I agree with rick re not overdoing it!!! I really feel it if I've had a bad night!
Grasshopper have you had a cs before? 3 weeks is quite soon to return if you don't mind me saying.

yes this is my 4th csection and my mw said i'll be fine, i was driving with 3 weeks last time and totally back to normal. OH will be around to help. x

**Nicola Carlyle** · 28-05-2013, 06:21 AM

Originally Posted by ~Grasshopper~

yes this is my 4th csection and my mw said i'll be fine, i was driving with 3 weeks last time and totally back to normal. OH will be around to help. x

You need to be careful with your insurance. Legally your not allowed to drive for 6 weeks after a c-section therefore if you were to be in an accident your insurance would not pay out. You will also have to read your insurance policy with regards to childminding to incase there is a clause. ( I say all this having returned to work with a 4 week old baby after an emergency c-section 8 years ago lol). Just be careful and check your policies. No one knows your body like you so listen to it. x

**funemnx** · 28-05-2013, 07:10 AM

Hi B, I might be wrong but can you have another one because you are working with an assistant anyway, regardless of the continuity of care question?

**tashaleee** · 28-05-2013, 07:11 AM

Originally Posted by Chatterbox Childcare

Whilst I understand the concerns about ages the way I read the EYFS you could have all 4 children at once

You currently have 2 x 2.5 year old mindees and then you will have your own baby which makes three and then a sibling of a mindee comes along to make 4. This is continuity of care for the current parents and not new business the way I am reading it.

Also if you DH is your assistant then you can increase your numbers anyway

I read it the same way.....