Parent expecting bookings without requests

[michellemadden]

Hi,

I’ve been working in OSHC for many years, but I’m currently facing a situation that’s stumped me, and I’d like to see if anyone can assist or if this was such a weird situation and a standard expectation that the childcare laws or regulations do not actually directly point it out.

A disgruntled parent has raised concerns about the booking process, particularly in comparison to the previous coordinator’s practices. It appears that in the past, bookings were made automatically for families without explicit written or verbal consent. However, in my experience with other services in the industry, bookings are typically managed on a term basis to accommodate varying care needs, as well as to ensure that services such as vacation care, fees, and session availability are managed efficiently. Unlike full-time daycare settings, OSHC operates more flexibly due to shorter shifts and flexibility for uni students and classes.

In the past, the previous coordinator created bookings for 90% of families. If a child did not attend, no charges were applied, and there were no follow-up procedures for non-arrivals. The absences were marked as “absent,” fees were set to $0, and walk-in students (without bookings) were accepted, which created other issues with student ratios. It took me a term to get most parents to communicate whether they needed care, which is essential to maintaining ratios. Many of these practices went against childcare laws, and I spent a lot of time investigating the root causes, including discovering situations where children’s medical conditions were removed without permission from their enrolment records if they expired or if it was not an action plan condition or not properly followed up on. Shocking, I know. I was horrified when I discovered this. I have been too scared to ask families if the old coordinator administrated medication for ADHD over the holidays (not one child in the system was listed to even have ADHD or any other neuro-based condition).

Since I’ve taken over, most families have been grateful for the changes, as they weren’t aware that previous practices violated safety regulations. Parents have expressed feeling much safer and more supported. However, there’s one parent who remains upset with the change in booking processes.

This parent had been making casual bookings through the app, and on the second week back at school, we reached maximum capacity due to a shortage of casual staff (Valentine’s Day demand). The parent made a request for two children during a split break, but we only had one spot left. I called the mother immediately to let them know that we could only accommodate one child. Still, I offered the children stay with us under a teacher's supervision until 4:45 PM in case we had an absent child or early pick up (not uncommon), as this is when teacher yard duty finishes, and they are no longer permitted to supervise children and must be sent to the office. I explained that if a child had not been picked up by 4:45, they would need to go to the office to be collected.

The parent expressed frustration, as they were upset that they had to make casual bookings and mentioned that their recurring bookings had not been created. This confused me because I had been sending out communications weekly since early January (even before the Christmas holidays) asking parents to submit any recurring booking requests via email. I also used posters with clear instructions stating that no bookings would be made if a request was not received. Despite this, the mother said they had never sent a request and were unaware that they needed to.

I clarified that we require written or verbal confirmation from parents or legal guardians to make bookings, as we cannot accept bookings without their consent. I explained that legally, we must have the parent’s permission to care for the children, and bookings should be made by the parent through the app or via email. This ensures that we are compliant with regulations and safe practices. I also offered to change the parent's contact email to their work email for easier communication in the future.

This was when the parent admitted that they had seen the communication board with the posters at the sign-in area but hadn’t read any of the information and did not use the personal email listed in the system that receives the communications weekly. After some discussion, they calmed down and acknowledged that the methods I had implemented were thorough, reasonable and helpful.

However, this parent later requested a sit-down meeting to review the legalities, policies, and regulations surrounding bookings. I am more than happy to do this while providing copies of all the information. I will probably invite my regional manager to assist with all questions to show consistency in what the company does. However, I also remembered that this family has a personal connection to the previous coordinator. This connection might explain some of their frustration, especially given the previous coordinator's problematic behaviour at the service, which was well known and led to the need for a change.

My main question now is regarding the legal basis for requiring consent before making bookings on behalf of a parent. I can find references to the need for written permission to collect children (under the “child collection” clause) and the fact that the service must have legal guardians’ permission to assume responsibility for a child. However, I cannot locate specific regulations or policies stating that we cannot make bookings without parental consent. It seems to be general practice that we do not have the right to make decisions about a child’s care without explicit permission from the parent or guardian.

I would appreciate any guidance or references to specific regulations that clarify this, particularly in the context of OSHC, as there are some differences from long daycare services. I’ve been in this industry for 10 years, and it’s the first time I’ve encountered this situation. I’d like to ensure I have everything in place to prove that we’re following laws, regulations, and policies to the letter.

Thank you for any assistance or feedback! I’m happy to pass the parent on to my manager as well (he is aware of what has happened and was also puzzled about how the parent could think we could make bookings without permission from a parent), but I am genuinely curious about this now as I have a sound knowledge surrounding most things as I train staff and assist in A&R regularly due to my understanding and throughout eye when reviewing a service compliancy. Still, I am actually unaware of where this would be clearly laid out through regulations and law. As a mentor coordinator, in our company, we attempt to improve onboarding training, support, different training provided for new staff, refresher training, and company paperwork that lines with laws and regulations and now I feel like if this isn't precisely listed as an industry regulation, but more of a legal right of guardianship, then would love to look into adapting out children collection or transition policies to include clear outlines of requiring parent consent in acquiring childcare session bookings.

Sorry it was long. I wanted to give you all the information! There was a reason I was hired for this service, as they knew it was going to need some work to get it to compliance (which it is, but we still have some carryon effects with parents struggling with change, like notifying us before the session when a child is absent or sent home from school). Still, no one knew just how deep these problems were; as we uncover more, it is more shocking.
The coordinator was sneaky; things were hidden, there was nothing in writing, and they would only be found if discussed directly with parents. Staff were unaware due to fearing the coordinator and not feeling comfortable asking questions when they felt something was not right or unsafe. I honestly feel like I should be reporting this person as I have clear evidence of neglecting the duty of care with medicals, safety procedures and much much more... They should not have a WWCC as they are just so damn neglectful, but clearly know what they are doing is not right.

[Lorina]

Hi!

Thank you for sharing all the details about your situation. It sounds like you've done a great job addressing many of the issues and improving the booking process. It's understandable that you want to ensure everything is legally compliant and safe for the children.

Regarding the legal basis for requiring parental consent before making bookings, while specific regulations might not explicitly state this for OSHC (Out of School Hours Care), it is generally a standard practice in childcare services to ensure compliance with legal guardianship rights and safety regulations. Here are some points to consider:

Legal Basis for Requiring Parental Consent
Child Protection Laws: These laws generally require that any decision regarding a child's care must have the explicit consent of the parent or legal guardian. This includes enrollment in childcare services.

Child Care Regulations: While specific regulations might not mention booking processes, they emphasize the importance of parental consent for any actions affecting the child's care.

Best Practices: It is a common industry practice to obtain explicit consent from parents to ensure transparency and compliance with legal and safety standards.

Steps to Ensure Compliance
Clear Communication: Continue to communicate clearly with parents about the booking process and the need for their consent. Use multiple channels like emails, newsletters, and posters.

Documentation: Keep records of all consents received, whether written or verbal, to ensure compliance and for reference if needed.

Training: Provide training for staff on the booking process and the importance of obtaining parental consent.

Policy Review: Review and update your service's policies to clearly outline the booking process and the requirement for parental consent.

While specific regulations might not be explicitly detailed, you can refer to general childcare guidelines and best practices to ensure compliance.

It's great that you're taking steps to improve the booking process and ensure compliance with regulations.

Hope this helps!
- Lorina