Important - Assistants and sole care

**Pauline** · 24-10-2008, 07:06 AM

I have had it confirmed that yes, assistants (with permisson for sole care) will be able to sole care children in the EYFS but NOT children outside the EYFS

However, this is being discussed and there could be changes made as it does seem ridiculous.

Will let you know if/when I hear more.

**Chatterbox Childcare** · 24-10-2008, 07:24 AM

I spoke to Ofsted and my DO about this and yes it is correct - although ridiculous.

Apparantely is was set down by the Department of Children etc (DCFS) and it is difficult to change as it went through parliament and is law

Totally daft

**angeldelight** · 24-10-2008, 07:28 AM

Yes I heard about this

From what I can gather they will not be changing - like Debbie says they dont like to change things that go through parliament

How daft is that

Angel xx

**SimplyLucy** · 24-10-2008, 08:43 AM

It is very odd isn't it.

I've had a new certificate though and the print on it is so small it can barely be read just so they could fit all the conditions on one sheet. It says about the assistant may have sole care of EYFS children only!

**Pauline** · 24-10-2008, 11:34 AM

Originally Posted by DebbieS26

as it went through parliament and is law

Well to quote Mr. Bumble....... "The law in an ass"

There is nothing so ridiculous than to have someone able to have sole care of a child on 31st August and then NOT on the 1st Sept

**tinkerbelle** · 24-10-2008, 11:42 AM

how can they double the numbers allowed to care for yet not allow sole care to over 5s what is the rule on being classed as childminding is it two hours a day?
i registered my assistant to do a school collection ofsted knew this and agreed sole care now she cant do it even though its for 10 minutes a day

**Pauline** · 24-10-2008, 04:28 PM

Originally Posted by tinkerbelle

how can they double the numbers allowed to care for yet not allow sole care to over 5s what is the rule on being classed as childminding is it two hours a day?
i registered my assistant to do a school collection ofsted knew this and agreed sole care now she cant do it even though its for 10 minutes a day

I don't think you could get away with the two hour rule as you will be minding other children during the day (I assume) the two hour rule applies to people working less than 2 hours per day, if you see what I mean.

It just seems totally stupid to me. Your assistant would be allowed to stay with the younger children while you go to school, but not to collect the older ones herself - where is the sense in that? !

**JoeBloggs** · 28-10-2008, 10:07 PM

Originally Posted by Pauline

I have had it confirmed that yes, assistants (with permisson for sole care) will be able to sole care children in the EYFS but NOT children outside the EYFS

However, this is being discussed and there could be changes made as it does seem ridiculous.

Will let you know if/when I hear more.

Since i've been pioneering this issue based on the amount of times it keeps cropping up (I swear its chasing me) I may be wrong but I believe i started those discussions

, unfortunatly they didn't get very far.

Person a at the dcsf wrote eyr policy, person b wrote ccr policy. I don't think they went through the policys together! and I can also confirm person a and person b, are never available to speak to

**loocyloo** · 28-10-2008, 11:20 PM

when i was inspected a couple of weeks ago, i mentioned this to the inspector, who said she was aware of this, and couldn't see the sense in it herself, and neither could her collegues!

she was going to check out a couple of other assistant related queries i had, and i'm hoping will get back to me when i get my paperwork through with the inspection report!

i won't hold my breath though!

**theoldwoman** · 28-10-2008, 11:31 PM

I didn't know about this rule - could parents pay assistant direct for walking children to School and as under 2 hours she isn't classed as a childminder, ie my session finishes at 8.30am and I have permission to hand over to named person. One of my assistants only does the School runs for me, so do I 'sack' her for the parents to employ her!!
I have been rading the forum every day but by the time I get round to it I think everyone sensible has gone to bed so don't bother to air my views.
Sue

**Blaze** · 29-10-2008, 03:03 AM

Charming...I'm usually here!

**flora** · 29-10-2008, 07:07 AM

Where do you stand if the person is not reg as your assistant but you have parental permission for this person to care for the kids in extreme circumstances???

Dh is home all day, he is crb'd as my assistant just for some reason never went on my cert.

I have written permission that he can pick up the kids frrom school bus stop or be left with them if I had to go out say to A and E or similar. The kids are 6 x2, 9 and 3.

Kids know Nigel and the parents are totally ok with this.

Does this mean I can't do this depsite it being ok with the kids parents???

**Pauline** · 29-10-2008, 07:32 AM

Originally Posted by theoldwoman

I have been rading the forum every day but by the time I get round to it I think everyone sensible has gone to bed so don't bother to air my views.
Sue

Angel is usually here - oh yes I see what you mean!

**Pauline** · 05-11-2008, 03:27 PM

I put this problem to an area representative who was due to meet with Ofsted at a big meeting. I'm now told that even though it went through as law, it is being sent back to be changed.

Let's hope it is but it might take a while.

**Twinkles** · 05-11-2008, 03:53 PM

You mean.......you mean....they're using their common sense

!!!!

**Pauline** · 05-11-2008, 10:18 PM

Originally Posted by Twinkles

You mean.......you mean....they're using their common sense

!!!!

Don't hold your breath Twinks, it hasn't happened yet!

**jacky** · 06-11-2008, 10:30 PM

i also have the same problem. at a recent ncma forum meeting we had 3 ofsted inspectors there who said the same about assistants and sole care. both myself and a friend have spoken again with tow seperate people from ofsted to day and were told two different things. one said if you had permission from parents and it said this on your certificate then you could leave assisstant in sole charge. the other referred me to document 080161 on the ofsted website.
i have subsequently emailed ofsted saying I have looked at this document and the many others on this subject and am somewhat baffled by what I have found. My interpretation is that providing we have ensured that the assistant meets requirements CR2.3 and CR3 and that when we, as childminders ,are not able to be on the premises and the assistant is in sole charge of the children or the assistant collects children from school or takes them out we have followed the procedures in requirement CR6.1 and made the relevant arrangements with the Childs parents for the assistant to care for these children then we are able to leave an assistant in sole charge of children aged 5 and over (school years 1 and above).

i am still waiting for a reply: