Caira can review your contract in 3 clicks:

• Get suggested changes and comments added directly to your file

• Generate an email summary to send to the other party

It takes less than 30 seconds to sign up for a free trial. No credit card required: Start your free trial

Childminding is the only job where your living room is also a government-regulated facility. You are dealing with the most precious thing in a parent’s life—their child—under the watchful eye of Ofsted.

It is arguably the most heavily regulated form of "self-employment" in the UK. A simple mistake, like letting your partner sit on the sofa while you work, or accepting one too many children for 20 minutes, can lead to immediate de-registration.

Here are the legal realities that separate professional childminders from "babysitters."

1. The "Person on the Sofa" Rule (Disqualification)

The Scenario: You are looking after three toddlers. Your partner (who lives with you) has the day off work. He sits in the lounge watching TV. He hasn't got an Enhanced DBS check because "he doesn't work with the kids."

The Legal Reality: You are likely in breach of the Eyfs (Early Years Foundation Stage) statutory framework.

Any person aged 16 or over who lives or works on the premises must be deemed "suitable" by Ofsted. This usually means they must have an Enhanced DBS check. Even if they never change a nappy, their presence in the home makes them a "household member."

Worse, if a household member has certain criminal convictions, you can be "Disqualified by Association," meaning you are banned from working as a childminder.

The Fix: Ensure every adult in your house is declared to Ofsted and vetted. No exceptions.

2. The Ratio Trap (Illegal for 10 Minutes)

The Scenario: You look after three children under 5. One parent is 20 minutes late for pickup. Your next shift arrives (three after-schoolers). For those 20 minutes, you have six children under 8 (plus your own).

The Legal Reality: Strict ratios apply (Max 6 under 8; Max 3 under 5). Breaching these ratios is illegal. It invalidates your insurance. If an accident happens in that 20-minute overlap, you are defenceless.

The Fix:

• The Late Fee: You need a Late Collection Policy that hurts. £5 or £10 for every 15 minutes. It isn't about the money; it's about forcing the parent to be on time so you remain legal.

• Emergency Contact: You must have a contractual right to call an emergency contact to collect the child immediately if ratios are breached.

3. The "Calpol" Conflict (Sickness Policy)

The Scenario: A parent drops a child off. The child is grumpy. The parent admits: "I gave him some Calpol, he's fine." Two hours later, the fever spikes. You call the parent to collect. They refuse to pay for the day because "you sent him home."

The Legal Reality: You have a duty to protect other children from infection. Exclusion periods (e.g., 48 hours for sickness/diarrhoea) are standard public health guidance.

The Fix: Your contract must state clearly:

"Full fees are payable for days where the child is excluded due to illness."*

"The Childminder reserves the right to refuse entry if a child appears unwell or has been medicated to mask symptoms."*

4. Holidays: Yours vs. Theirs

The Scenario: It's August. The family goes to Spain for 2 weeks. They say: "We aren't using your service, so we aren't paying."

The Legal Reality: You are running a business with limited spaces. You cannot resell that space for 2 weeks.

The Fix:

• Parent/Child Holiday: Full fees payable (to hold the space).

• Childminder Holiday: usually No fee (or 50% if retainer agreed), but industry standard is usually "No service, No fee" for your own time off.

• Get this in writing on Day 1 to avoid the "summer argument."

Why Contract Review protects Your Home Business

You invite clients into your home. You need a contract that keeps professional boundaries in a domestic setting.

AI contract review checks your "Late Fee" clauses to ensure they are enforceable. It verifies your "Sickness Policy" aligns with health guidelines. It gives you the confidence to say: "I'm sorry, I can't take him today," knowing your income is protected.

Disclaimer: The information in this article is for general guidance only and is not intended as professional legal, financial, tax, or medical advice.