Ofsted calls on ministers for babysitting clarification

The regulator has made the move after it emerged that detective constables Leanne Shepherd and Lucy Jarrett's arrangement to babysit each other's children during shifts contravened the 2006 Childcare Act.

Because the children were looked after by each other for more than two hours and not in their own home, the arrangement is considered childminding not babysitting under the act.

Also the reciprocal nature of the arrangement is effectively "a reward", which also classifies it as childminding.

An Ofsted spokesman said: "We are currently discussing with the Department for Children, Schools and Families the interpretation of the word ‘reward' in the legislation to establish if we might be able to make a change."

He added: "Ofsted applies the regulations for the registration of childcare as found in the 2006 Childcare Act."

Andrew Fletcher, the National Childminding Association's joint chief executive, backed Ofsted's calls for clarification and urged the regulator to publish clear details about the difference between childminding and babysitting as soon as possible.

He said in the meantime "we would recommend that anyone providing childcare, including reciprocal arrangements between friends, should check the Ofsted website for details of whether they need to register".