Another Crazy Law!
Ban on policewomen looking after each other's toddlers set to be scrapped as minister orders review
By Tamara Cohen
Last updated at 12:42 PM on 28th September 2009
A review has been ordered into the case of two policewomen who have been told they are breaking the law by caring for each other's children.
Detective Constable Leanne Shepherd, 32, who has a two-year-old daughter Edie was ordered to end her childcare arrangement with her friend DC Lucy Jarrett who also has a toddler, Amy, aged three.
DC Shepherd said the experience was so traumatic that she would not have any more children.
The pair, who share a full-time job, had been looking after each other’s children for two-and-a-half years so both could work 10 hour days, twice a week.
Children's Minister Vernon Coaker said he wanted his department to review the case although he insisted the Childcare Act 2006 was in place 'to ensure the safety and wellbeing of all children'.
Traumatic experience: Leanne Shepherd with her daughter Edie
Mr Coaker told the BBC the government needed to make sure it did not 'penalise hard-working families'.
'My department is speaking to Ofsted about the interpretation of the word "reward" in this particular case,' he said.
Following an anonymous complaint, Ofsted told the mothers their arrangement was illegal because they are not registered childminders.
In a threatening letter, they said the policewomen could be prosecuted and would be put under surveillance to make sure they did not continue helping each other.
An unannounced visit was made to her home in Milton Keynes and DC Jarrett’s home in Buckingham earlier this month.
Ofsted rules state that friends can not gain a ‘reward’ for looking after a child for more than two hours outside their home.
Although no money ever changed hands, the fact both mothers were able to enjoy free childcare for their daughters was judged to be a reward.
DC Shepherd has now put Edie in a private nursery at a cost of nearly 500 per month - half her salary - and has had to claim childcare benefits to foot the fees.
The women could look after the children in each other’s homes – but as both had a half-hour commute to Aylesbury Police Station for a 7am start it was not possible.
DC Shepherd said yesterday: ‘This arrangement was perfect for both of us as we were friends for many years while sharing a job and then we both had little girls.
‘The girls were together all day and grew up like sisters. I couldn’t believe it when an inspector turned up on my doorstep and said I was running an illegal childminding business. I thought there had been some mistake.
Review: Home Office Minister Vernon Coaker
‘It was devastating, I was crying all day. Every day Edie says ‘going to see Amy?’ but it’s just not possible.
‘There must be so many thousands of women must be in this situation. Ofsted really need to change the rules.’
DC Shepherd, who is separated from Edie’s father DC James Shepherd now works three days per week and she and her ex-husband take turns to pick Edie up from nursery.
She added: ‘It’s been very traumatic. The first week Edie was at nursery it was a big shock she was crying and not sleeping and I didn’t know if I could continue in my career.
‘I’m separated and it’s not in my plan to have more children, but I also feel I’ve been through so much trauma already. It’s just too stressful.’
‘I used to take Edie over to Lucy’s in her pajamas and would pick her up bathed and ready for bed. I have no complaints about the nursery but you don’t get that there. I felt really happy leaving Edie with a friend and she loved being at Lucy’s house.
‘I’ve now had to completely change my hours to fit around taking her to nursery instead. Now Edie is used to it I can’t change back again as it would be too disruptive for her. But I want other women to be able to benefit from a change in the law and not go through what has happened to us.’
Edie was born in January 2007 and DC Shepherd returned to work part-time two months later as a trainee detective constable.
Lucy who was doing to same job had her daughter five months earlier and DC Shepherd and the pair were delighted to have a permanent childcare arrangement.
An Ofsted inspector paid DC Shepherd a surprise visit on July 10 to say she was running an illegal childminding business and faced prosecution if it continued.
It is believed to have been in response to a tip-off from a neighbour.
The visit was followed up by an official ‘enforcement notice’ two weeks later.
An Ofsted spokesman said yesterday: ‘Ofsted applies the regulations in the 2006 Childcare Act. We are discussing with the Department for Children, Schools and Families the interpretation of the word ‘reward’ to establish if we might be able to make a change’.
To be registered as childminders the mothers would need to undergo training.
DC Shepherd added: ‘We’ve thought through all the loopholes and it just wasn’t possible.
‘To be a childminder you need to take exams and make modifications to your home such as blocking up fireplaces. I already have a career and my home is perfectly safe but those are the rules for people who are looking after lots of children professionally.’
DC Jarrett, who lives with her husband Inspector Bob Jarrett has also put her daughter in a nursery.
An online petition started by two of the women’s colleagues who are pregnant and hoped to have a similar arrangement, had attracted [//]signatures last night.
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