The Legal Guidance Notes on Childminding and Daycare explain, among other issues, that under the Regulation of Care (Scotland) Act 2001, childcare by a relative such as a grandparent is not childminding and thus cannot be registered, nor can the child's parent claim for a childcare tax credit.
The Care Commission can only register where there is a clear intention to provide services to at least one unrelated child.
The notes also state that services cannot move from the previous 1:8 staff:child ratio for children aged three and over in sessional care, to the 1:10 ratio set out in the care standards without applying for a variation of the conditions of their registration. If they do not apply for a variation it is necessary to wait for the Care Commission to inspect the service.
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