Assistant - Please help

Dear All,

I have been trying to take on an Assistant since December ’13 with initial advertising. Since then I have interviewed a lot of candidates and finally in February I have found someone I liked and offered the role.

Since then I have completed my own reference checks and then began the Ofsted Registration Process. The DBS took a week which was quick. However, since then social services check has been going on since March. Ofsted every time you ring them are not at all helpful. I have chased the council and got a contact and gave the details to Ofsted. However, they initially stated they would contact them and then on further phone calls said no due to data protection and service level agreement etc. among many other excuses.

The contact informed me the particular council I am dealing with that they had a backlog of 80 applications and that they just did not know who was to deal with them so my contact with them must have pushed them so they completed all and sent to Ofsted on the 5th May bar 8 which were referred. One of these 72 was supposedly one of my candidates and should have arrived at the latest given the back holiday weekend on the Wednesday or even the Thursday the 8th May. However, Ofsted on checking everyday are saying no have not received it and will not e-mail the council just by letter which is snail mail.

This has now entered its 8th week and counting. Today on ringing Ofsted and explaining my situation yet again and can they please e-mail said no although that in their guidance although something we as Childminder’s do not have access too nor will they send me a letter to state this is that the case:

‘You are allowed to take on a member of staff as an assistant, providing they are not left alone with the children even if they have not received their DBS check back or received their Suitable Persons letter from Ofsted.’

Is this correct? Can anyone point me in the right direction of where this is stated in black and white please as I am due in inspection and have been for a while and I do not want to jeopardize anything and if in three weeks time this is not sorted out I could lose a full-time child as well as another as these are both due to increase. Yes, I know never book until for sure although I did not expect this to take six months to employ a staff member. I have worked in HR in the past and in nurseries and never have I seen such a long turn around to employ someone.

I am sorry as I know I have gone on I just wanted to explain the background to my situation.

Moreover, has anyone been inspected without the full checks on an assistant being returned and what was the outcome.

My feeling is at the moment to wait, as I like to check all the boxes so to speak.



Many thanks.

P.S. At the Ofsted Big Conversation, could possibly the topic of the social services check be raised. My oversight on this is that yes, great another check to ensure the person is employed and is more rigorous than in a nursery where no such checks are carried out on any Nursery worker and not even the Manager anymore since September 2012. Therefore, to potential parents we have a more rigorous system as for me as an employer it is good to have in place. However, there is no control on this check when it will be turned around. Ofsted will only chase after six weeks. Surely as we are running our own businesses and have a lot invested and that as we as Childminders are so thoroughly checked is it really necessary to also to complete a social services check on an assistant? This is only in respect of their own children and for the most part the assistant will be young and not have any children. Yes, I will be probably brought to book on this and this is my own opinion. However, the DBS check is the check where upon the information should suffice should it not? Moreover, we as Childminder’s do not get a copy of the DBS check and have to ask the assistant to ask to see theirs when it arrives – again in a nursery it is sent straight onto the nursery. Those taking on an assistant will have paid £60 approx for this service – surely we should get a copy as well.

If it could be changed where we could have more control over this and an agreement where these are returned much more quickly to Ofsted then yes, I am for these but at present I do not think the process is working and needs to be changed.

Many thanks.

I was told this when I took on an assistant too.

Once you have NOTIFIED OFsted that you are taking on an assistant and they have received the EY2 then your assistant can work for you.

You must ensure the safety of the children and not leave the assistant alone with the children.

I was also told that I must ensure I had a back up plan if the DBS check failed - so if I took on extra children and it turned out the person wasn't suitable then how would I cover the children numbers without the assistant? You have received DBS check and references so have no reason to worry - unless the person has not disclosed an issue with social services.

Furthermore, when I took on a placement student there was a rule that because she was working under a certain amount of days for me and wouldn/t be in a position where she would be alone with the children I did not need to apply to OFsted with the EY2 or DBS so presumably for short term measures its ok to have someone without ful checks, and after this initial period the checks (hopefully) wil be complete.

In this case the safety of the children were also my responsibilty and the student had an existing DBS from the school so I felt happy with that.

I'm sorry I can't point you in the right direction of the documentation that supports this without looking but like you I phoned them. I got the name of the person I spoke to and noted the time and date and therefore could back up with a ' I have checked and this is what I was told'

good luck and best wishes

Dear Bluebell,

Thank you so much for your response. It is very helpful and good to know that this can be done.

Many thanks again.:)

Hi. I'm really confused with taking on an assistant. I tried filling in the EY2 form - but this can't be completed until the DBS is back as you need to put the reference number on the application. I'm desperate to get my friend started as my assistant. Do I just need to contact ofsted and tell them I'm in the process of registering my friend as my assistant and they'll ok it before the DBS is back? I can imagine it being a long process again - DBS was sent 3 weeks ago so waiting for that - she worked in the same school as I did so I know there won't be any issues coming back.

Hello Nikidela,

You can get your friend to fill up the EY2 online straight away and then they should be the same as below. Ofsted will not start their checks until the DBS is returned although at least you can start the process rolling.

Hi wiggle wiggle. Thanks for that - I'll get her to do that straight away. Nothing is straight forward in the land of ofsted. Thanks. X