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Where Do I Stand?


marley
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Hi

As some of you maybe aware our OOSC is in staff difficulties...deputy ad other qualified just resigned and we have just got new manager (inexperienced) not yet been able to recruit other staff. I am on as general comm member but have lev 3 childcare and have been asked to be bank until we can get staff (otherwise we would have to close on some days!)

Where do i stand with OFSTED over this. Have crb through them do I have to tell them, get another crb done, do I have to resign from committee? Chair does not want me to resign as its only me and her doing any work at the mo! Plus if we do not get suitable deputy by sept I will be doing 2-3 nights per week temporariliy (no, I dont want the job but need the club to stay open as do other parents!) I will however expect to be paid.

 

Any advice about what to do?

 

Thanks

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With regard to the resignation from the committee it will depend on your specific constitution.For example the standard PLA one does not allow a committee member to perform a paid role. However other constitutions might allow it, or allow the members to vote to allow in extreme cases such as this.

 

With regard to the CRB - well who knows as Ofsted change their mind regularly! It might b best if the Chair emails Ofsted to ask their advice, explaining the situation. They should then email back and you can print the email out and keep it on the premises for when they turn up. Good luck!

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I know it is not good practice to be both a member of staff and a committee member - especially if decisions you take part in as a committee member affect your employment, the salary you receive or how often you work etc. However I imagine this is governed by what your consitution says. I'm not sure whether you mean you have a CRB to work with the OOSC but if you do I'm not sure you need to tell them anything. However, this is Ofsted we're talking about so a quick call to them to check if there is anything you need to do might be a good idea just to cover yourselves.

 

If the constitution says that being employed and on the committee is a no-no then I guess the question you have to ask yourselves is whether there are other committee members who can take up the slack to allow you to resign from the committee in the short term so tha you can work and keep the group open. Failing that, has the time come for you all to consider whether your club is actually viable if you don't have enough staff, children and/or committee members willing to fulfil all the roles and job functions necessary to run the group properly?

 

Sometimes its hard to see the wood for the trees, but I do hope you get it sorted.

 

Maz

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the newest PLSA constitution does actually allow paid staff to be on committee, but not hold officer roles...

 

so it is all constitution based... if it is not in there.. a committee meeting to agree that this would be a way to keep it open until all is sorted..

 

CRB.. you have one for the committee of the setting so perhaps and email to Ofsted to get it clarified... and print it off.. you need it in writing ideally..

 

Your level 3 is quite recent .. didn't they change to cover children up to 16, our latest trained staff had level 3 which covered to age 16 ... so would cover you for OOSC..

 

Dont think you will need to tell O you are working for the setting.. but you should have things like references on file and other things needed for employees.. so you can show you have followed the employment procedures.. covering yourselves .. same as for any new staff member , I would do these even for just being cover staff.

 

(and you do get yourself into some 'difficult' predicaments with settings... do they see you coming.. )

 

Inge

Edited by Inge
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Hi,

 

I had this exact discussion with Ofsted a while back. My question was whether I, as a qualified early years teacher, could do bank staff in an emergency and count within ratios, with my committee CRB. Sorry to say, but having eventually been put onto an actual inspector to discuss this, she was of the opinion that I couldn't.

 

The devil is in the detail - your CRB and form filled out for committee posts is not completed in as much detail as staff have to do. They also have to do health check and references before they are considered okay to count within ratios for working with the children.

 

Having said all that they (ofsted) regularly change their minds anyway so might be worth a call.

 

Good luck!

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(and you do get yourself into some 'difficult' predicaments with settings... do they see you coming.. )

 

Inge

 

You make me laugh Inge! I know, i know! It was on your advice I came to this forum! I should have just kept out of going on the committee!! Di!dnt realise how bad things would get! And just another thing...my old pre-school setting offered me the job of deputy last week!!!?? Sadly had to decline as I do love my current setting where things are much better.....

 

Have filled out all the forms an employee is recommended to fill out incl health declaration, asking for refs, doing induction etc. Think we will have to check the constitution (its an OOSC one not PSLA) and then take it to the rest of the committee but i can tell you they will agree to me doing it.

I realise my committee CRB is not as in such great detail so think I will also have to apply for staff one to cover us. I have emailed OFSTED to clarify. It is only for emergency cover and until we get staff sorted.

 

Will let you know

x

Here is the constitution if anyone can tell me what it means where this situation is concerned??!!

voluntary_management_constitution.pdf

Edited by marley
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Had a read.. the only bit I can find is that

 

"To employ on such terms and conditions of employment as the Group shall determine any paid or voluntary worker or workers

to assist in the attainment of the said objectives"

 

cannot see anywhere that cannot employ a committee member... unless I am missing something... but I think it would be better not to be officer

 

 

other wise sounds like you have covered other things..

 

Good luck..

 

 

Inge

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Had a read.. the only bit I can find is that

 

"To employ on such terms and conditions of employment as the Group shall determine any paid or voluntary worker or workers

to assist in the attainment of the said objectives"

 

cannot see anywhere that cannot employ a committee member... unless I am missing something... but I think it would be better not to be officer

 

 

other wise sounds like you have covered other things..

 

Good luck..

 

 

Inge

 

Hi Inge

Thats what I thought too! The constitution is not as detailed as the PSLA one!

I got the following reply from my query at OFSTED

 

If the committee is established primarily for the provision of childcare then you should be registered on our systems. If this is the case then you will need to write into us to inform us that you will be also taking care of the children on some occasions. We will then be able to advise you of any other checks we may need to carry out for you.

 

 

If you are not registered on our systems through the committee and the committee is established primarily for the provision of childcare, you will need to complete an EY2 form

 

Im quite impressed there were staff still there! Anyway we are registered with them and i will be too! I completed the EY2 form when i became a member. Just a bit concerned about the bit"any other checks" they to carry out. Surely not a full health declaration getting refs etc? This is not a norm for staff (only manager through OFSTED) so thats why I thought we would be ok doing it ourselves.

what do you think?

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maybe it is a full CRB check they are referring to...

 

if they ask for more I would ask why? as other staff do not need it.. and you have done all usual requirements for employing staff.. do they think you will be running it..

 

of course if you word it differently you will get a different answer anyway!

 

when writing make sure they are aware you are not running it, have done all the usual checks you do for new staff etc..

 

Inge

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  • 3 weeks later...

OK thought i wouldupdate...

waited over a week no reply....sentit back to them...got referred to another dept...then got a call at 9 am to talk about it

 

Lady said (after getting confused with what i was asking!) that as regisered person i needed to complete health declaration doc (this was after she went and checked). So have done that, given to GP (cost £30) and waiting for the to complete before sending off.

 

Been advertising for 3 weeks and not one suitable applicant yet......got one that called but she is level 2 TA, a past employee that the rest of committee dont want to re-hire....I have already had to cover over the holidays due to staff shortage ie staff sent home sick, no other staff available.

 

Heres to Sept!!!

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