Definitions of child minding and day care CA 1989 s. 79A
Defines child minding and day care for children under eight, excluding relatives, foster parents, nannies, and care under two hours. CA 1989 s. 79A.
This section and section 79B apply for the purposes of this Part. “ Act as a child minder ” means (subject to the following subsections) look after one or more children under the age of eight on domestic premises for reward; and “ child minding ” shall be interpreted accordingly. A person who— is the parent, or a relative, of a child; has parental responsibility for a child; is a local authority foster parent in relation to a child; is a foster parent with whom a child has been placed by a voluntary organisation; or fosters a child privately, does not act as a child minder when looking after that child. Where a person— looks after a child for the parents (“P1”), or in addition to that work, looks after another child for different parents (“P2”), and the work consists (in a case within paragraph (a of looking after the child wholly or mainly in P1’s home or (in a case within paragraph (b of looking after the children wholly or mainly in P1’s home or P2’s home or both, the work is not to be treated as child minding. In subsection (4), “ parent ”, in relation to a child, includes— a person who is not a parent of the child but who has parental responsibility for the child; a person who is a relative of the child. “ Day care ” means care provided at any time for children under the age of eight on premises other than domestic premises. This Part does not apply in relation to a person who acts as a child minder, or provides day care on any premises, unless the period, or the total of the periods, in any day which he spends looking after children or (as the case may be) during which the children are looked after on the premises exceeds two hours. In determining whether a person is required to register under this Part for child minding, any day on which he does not act as a child minder at any time between 2 am and 6 pm is to be disregarded.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section defines child minding and day care. Acting as a child minder means looking after one or more children under the age of eight on domestic premises for reward. Day care refers to care provided for children under the age of eight on non-domestic premises.
Certain people and care arrangements are excluded. Parents, relatives, persons with parental responsibility, and foster parents do not act as child minders when looking after those children. Care provided wholly or mainly in the home of one or two sets of parents is also not treated as child minding.
The provision does not apply if the total time spent looking after children on any day does not exceed two hours. In addition, when determining registration requirements for child minding, any day on which a person does not act as a child minder at any time between 2 am and 6 pm is disregarded.
When it applies
- A person looking after one child under the age of eight in their own home for reward for more than two hours.
- A commercial nursery providing care for children under the age of eight on non-domestic premises for more than two hours a day.
- A person providing care on domestic premises for reward where care occurs between 2 am and 6 pm.
What this section does not say
- A relative looking after a child for reward, as relatives are excluded from acting as child minders.
- A nanny looking after a child wholly in the parent's home, which is excluded from child minding.
- Child care provided on domestic premises for two hours or less in a day.
- The legal duty to register as a child minder, which is governed under ca1989s.79d.
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This page reproduces the text of CA 1989 s. 79A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.