My husband has just become my assistant and I am pregnant - questions!

Sorry I have loads of questions.

We have had confirmation from Ofsted that my husband can work with me as my Assistant. I have got permission from parents that he can be left alone with the children for no more than two hours.

He has done his first aid course and is booked on a child protection course.

As we are going to be a husband and wife team can he be self employed?

I have read conflicting information on whether he can be left with over 5's?

I am aware I need to amend my Public Liability Insurance.

If my husband is sick can I look after his allocated children as an exceptional circumstance? Or if he is off sick could I allocate him still our two children aged 2 and bump to be born in September? And then that way only having 4 mindees to look after??

What happens if I am sick, is he able to work and look after some (but not all) children?

I am thinking as well when it comes to maternity leave I am going to take 2 weeks off which I believe is compulsory so will my husband be able to work when I am on leave?

Any guidance is much appreciated. I am not really sure where to get any of this information from??

Also thought as baby is not due until September, can I take on 3 additional children with my husband being my assistant and then obviously looking after my baby is a continuity of care?? That would mean 7 children under the age of 5. Is that possible? If you had 3 children on your books and I had the baby (without my husband being my assistant) I could look after 4 children so could we have 7???

So many questions.

No your own child always has to count in your numbers. You are also not allowed to go over 6 under 8s even with an Assistant so 7 would not be allowed.

It would only be allowed if your husband were a Registered Childminder in his own right but then you could also get into planning difficulties with your Local Planning Department if you go over 6 under 8s so you would have to check this out. You may be required to apply for Planning permission which usually takes a min of 3 months and can cost hundreds of pounds.

You must also be very careful when you increase your numbers that you check the space you have available. It is clearly set down in EYFS the space that is required for each child according to age. Just because two of you are working together does not mean you can instantly double your numbers. You own children would also be counted in the space calculation.

ok thanks for clarification on numbers. So only 6 it is then. I was aware of space requirements and we are ok for those.

Can anyone else help with any of my other questions?

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Originally Posted by rickysmiths

No your own child always has to count in your numbers. You are also not allowed to go over 6 under 8s even with an Assistant so 7 would not be allowed.

It would only be allowed if your husband were a Registered Childminder in his own right but then you could also get into planning difficulties with your Local Planning Department if you go over 6 under 8s so you would have to check this out. You may be required to apply for Planning permission which usually takes a min of 3 months and can cost hundreds of pounds.

You must also be very careful when you increase your numbers that you check the space you have available. It is clearly set down in EYFS the space that is required for each child according to age. Just because two of you are working together does not mean you can instantly double your numbers. You own children would also be counted in the space calculation.

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Brita I think you will find that space allowing according to the EYFS with an assistand you can double your numbers. I did..

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Originally Posted by Chatterbox Childcare

Brita I think you will find that space allowing according to the EYFS with an assistand you can double your numbers. I did..

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So you could have a total of 12 under 8s with an assistant if you had the space? However if you had that many you still would need to find out if you needed planning permission and you would only be allowed 6 under fives between you not the 7 op was asking if she could have.

Does anyone know anything about me being off sick, can my husband as assistant still work?

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Originally Posted by NinaBowen

Does anyone know anything about me being off sick, can my husband as assistant still work?

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Probably depends on what you mean by 'off sick':

If you were sick as in diarrhoea or vomiting or infectious disease then you have to completely close because of food safety/infection control etc. I should think.

If you were injured, recovering from op or non-infectious disease etc that was bad enough to put you out of action then I would think you would have to close as there would be no 'functioning' CM on premises and it would be for more than 2 hours for an assistant to be left alone. But it must be a grey area as who defines when you are 'sick'?! You'd have to ask yourself how you would explain to Ofsted and insurance company if something went wrong while you were 'off sick'.

No I meant if I had the flu or something or really bad cold and needed a day in bed to recover.

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Originally Posted by NinaBowen

No I meant if I had the flu or something or really bad cold and needed a day in bed to recover.

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Well, you would be 'on the premises' but, as I said- you'd have to ask yourself how you would explain to Ofsted and insurance company if something went wrong while you were 'off sick' and in bed with flu. And also ask yourself how it would sound to parents.

So not a good idea then so when I have 2 weeks maternity leave in September, I am guessing not a good idea then for my husband to work while I am not! While I would be very much around and in the same room in that case, by law I am not allowed to work am I for two weeks.

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Originally Posted by NinaBowen

So not a good idea then so when I have 2 weeks maternity leave in September, I am guessing not a good idea then for my husband to work while I am not! While I would be very much around and in the same room in that case, by law I am not allowed to work am I for two weeks.

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Can you find a CM to help you out for those few maternity-leave weeks? I minded a child for 6wks while his CM was on maternity, worked out fine. I am sure parents will be understanding, personally as a parent I would rather another CM took my child for a few weeks while you recover post-birth than you try to struggle on with all the exhaustion and hormones and newborn to deal with (I remember what it's like!). Can't parents just take annual leave or use family and friends?

The two week maternity rule doesn't apply if you are self employed. I went back to work after five days when I had my ds and he was born by c. Section. I was not a child minder then though.
xx