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Ofsted Childcare Register (OCR)
Parents who want to use childcare vouchers against the cost of a nanny will have to employ a nanny who is registered with the Ofsted Childcare Register (OCR) or who is willing to be registered.
The nanny must apply as a "Home Childcarer" (it is important that they apply as this and NOT as a Childcare Provider on Domestic Premises which is different). The process can take up to 12 weeks for approval, so it is advisable nannies apply straight after interview to avoid lengthy breaks in redeeming vouchers.
During the registration period it may be feasible to claim backdated vouchers, however the parent would need to contact the voucher scheme company or Tax Credit office to seek additional information as this is not always the case.
The nanny must hold onto the certificate of registration as it is a condition of registration that the nanny shows parents his/her certificate on request. If it gets lost or damaged a replacement must be applied for at a cost of £5.
Is there a charge for applying?
All applicants pay a non-refundable application fee. The application fee (as at November 2008) is £103 and does include the cost of the Criminal Records Bureau (CRB) disclosure. Each year an annual fee will also be charged to remain on the register, which is set by Government. The annual fee (as at November 2008) is £103. We recommend that for up to date information on the costs of registering with the OCR that you go to the official OFSTED website at www.ofsted.gov.uk.
Who pays for all of the fees associated with registration?
The nanny in the first instance is responsible as the applicant for paying the fees. However, we would recommend that as the employer gets the tax benefit, that the employer pays all of those costs. The costs include:
Application fee - £103 (includes the CRB and verification service operated by the post office). Please note a nanny does not require an additional CRB if he/she has had one completed in the last 3 years by Ofsted
Public Liability Insurance - ranges between £70 - £90
12 hour Paediatric First Aid - approx £120 (unless the nanny already holds a valid certificate)
ICP Course - approx £220 (if the nanny requires childcare training this should be verified with OFSTED).
Both the nanny and the employer must discuss and agree on the paying of the costs, and we would recommend that a clause in the employment contract covers the agreement on costs.
It is also advisable to have a clause in the employment contract as follows:
"The nanny position has been offered on the condition that the Employee will register with the OCR, and that her application is submitted within 2 weeks of the job commencing, and that a successful registration is obtained. Failure to comply with this clause will result in the contract being terminated without notice. In addition if the Employee leaves the employment of the Employer within 6 months of registration with the OCR, then the Employer may recover any costs of the registration from the Employee by deduction from her final salary."
How to apply
The nanny must apply and this can be done online www.ofsted.gov.uk, by telephone 08456 404045, or request a form to complete in writing. Ofsted will write to the nanny to let him/her know that they have received the application.
The letter will include details on how to:
Obtain an enhanced CRB disclosure through Ofsted (unless the nanny already holds a disclosure carried out by Ofsted within the past three years)
Get identity, the first aid qualification, insurance documentation and any other information Ofsted require checked. (Documentation is checked at the local post office)
Pay the non-refundable application fee
Provide any further information Ofsted request to deem the nanny suitable to provide childcare.
How does Ofsted decide if the nanny is suitable?
Ofsted will assess the nanny's suitability by considering the information on the application form and CRB disclosure. It may be necessary in some circumstances for Ofsted to interview the nanny or carry out further checks. If the nanny has lived abroad in the past three years they should tell Ofsted of the countries they have lived in on the application form.
The CRB has reciprocal arrangements with some countries that allow them to check on criminal history. Where there is no such arrangement, Ofsted will normally require the nanny to provide some extra evidence of suitability - this may include:
A certificate of good conduct from the embassy of the country, in which the nanny lived, accompanied where necessary by a certified translation into English
A reference from someone of standing in the country, in which the nanny lived, such as a doctor or lawyer
Evidence to support any work permit
References from past employers
Ofsted will contact the nanny if they need additional evidence. If the nanny is unable to supply sufficient evidence, Ofsted may have to refuse the nanny's registration. Please note this may delay the process.
What qualifications does the nanny have to have?
This is not altogether clear from the information provided by OFSTED. It is therefore best for the nanny to call OFSTED and verify with them that her qualifications or experience are enough. If not, then the nanny will need to undergo training.
Can the nanny be refused registration?
Yes, the nanny can be refused if he/she has already been disqualified, is unsuitable, fails to pay the fee or does not agree to the requirements of the register or lives with someone who is disqualified. This is why it is essential that the nanny completes the form carefully and accurately so that a decision can be made on the information given and subsequent checks that are carried out.
What will happen if the nanny is refused registration?
If Ofsted refuse an application they will first write to the nanny and let him/her know of their intention. The nanny does have a right to object to the refusal and details of how to do this are documented in the letter sent.
If the nanny is refused registration parents will not be able to redeem part of the nanny's salary against any employer-assisted voucher scheme or working tax credits.
Can the nanny withdraw from the registration process?
A nanny can withdraw their application at any time during the registration process up to the granting or refusing of registration but the application fee is not refundable.
The nanny must inform Ofsted in writing if he/she decides to stop the registration process. If the nanny does not tell Ofsted that he/she wants to withdraw their application then Ofsted will continue the process and may have to refuse the nanny's application for registration. Refusal of registration is a serious step which disqualifies the nanny from providing childcare in the future.
What happens after registration?
Once the nanny has been granted registration a certificate is issued. This is proof that the nanny is registered on the voluntary part of the Childcare Register and must show the certificate to parents on request. As mentioned if the nanny loses the certificate they must apply for a replacement.
Sometimes Ofsted restrict the registration in some way, for example because parts of the home are not suitable for looking after children. These restrictions are known as 'conditions of registration' and are shown on your registration certificate. Ofsted can add new conditions, change existing ones or remove conditions at any time during the nanny's registration. If the nanny does not agree with any conditions he/she has the same rights of objection and appeal.
Once the nanny is registered he/she must continue to meet the requirements relating to people, premises and provision. Ofsted will send a list of these requirements with the registration certificate.
Will the nanny get inspected?
Once registered, Ofsted may inspect the nanny at any time and will always inspect if a complaint is received about the childcare provision that relates to the requirements of registration or any conditions that may have been imposed on the registration. Ofsted will always seek permission from parents to enter the premises.
Following any inspection the nanny will either receive a letter confirming that he/she is meeting the requirements for registration or a letter detailing what must be done in order to remain registered.
If the nanny no longer wishes to be included on the register...
If the nanny no longer wishes to be a registered provider, they need to resign their registration. The nanny must put their resignation in writing and Ofsted will confirm receipt of the resignation letter. Resigning registration does not affect any future application to provide childcare. Please note there is no refund payable.
The nanny may not resign if he/she has been served with a 'notice of decision' to cancel his/her resignation or Where can the nanny gain a qualification and first aid training?
Where can the nanny gain a qualification and first aid training?
Tinies Training offers the appropriate qualifications to nannies to support their application for approval and registration. This includes:
12 hours, 2 day Paediatric First Aid qualification (valid for 3 years)
The CACHE ICP Course, for all un-qualified Nannies (and other home-based childcarers) wishing to gain approval. This is a 12 hour course over 2 days and covers the main areas of child care practice for home based carers.
£3,000,000 limit of indemnity for an annual fee of £70
£5,000,000 limit of indemnity for an annual fee of £90.
Both policies offer the same great benefits and ensure that both the nanny and children are protected. Please contact Nannyinsure on 0845 226 7329 or visit www.nannyinsure.co.uk.
