When a child is initially registered at a setting a list of people who can collect that child is established often alongside a password system. For the vast majority of the time this system works well and the stated people collect children. To avoid problems arising childcare settings should review the arrangements every 6 months to check whether details have changed.

However, for a variety of reasons sometimes a parent wants to make changes to who can pick the child up, or sends someone not on the list.

The aim of this guidance is to clarify as far as possible what childcarers can do in different situations.

For ease of reading, these are given, as case studies..

When a child is dropped off at nursery one morning, Mum tells you that Dad has moved out and you are not allowed to let the child go with Dad. Later that day, Dad does turn up to pick up the child.

What is the legal position?
Anyone with parental responsibility can pick the child up and you cannot stop him or her from doing so unless you see a court order proving that they cannot have access to the child. Parental responsibility usually lies with the mother. If the parents are married the father automatically has parental responsibility. If the parents are unmarried the father only has parental responsibility if he has applied for it through the courts. A parent demanding that the other parent does not have access to a child needs to be challenged by the childcarer as to what the childcarer should do if the other parent turns up bearing in mind the needs of other children and parents.

What if the parents have been together for many years – does the father acquire parental rights after so long?
Not unless he has applied for it through the courts.

A person you do not know comes to your door to pick up a child – what do you do?
In this situation you need to contact the parent of the child and find out whether they have asked someone else to collect the child.

What if a parent demands to see their child’s records and wants to discuss their progress and the other parent does not want them to?
Again, if the parent asking has parental responsibility it would not be right to not allow them access to the records.

A parent arrives to pick up a child who is obviously very drunk. Should I let the child go?
This is down to your discretion. If you think a child will be unsafe with a parent for example if the parent if planning to drive you may refuse to let the child go, and for example ask if someone else can pick them up. If there were repeated reoccurrences this becomes a child protection issue and you need to contact social services as per the ACPC procedure. If in doubt don’t let the child go.

Top tips…
No one can ever say that you will never face this sort of situation and it is not a pleasant situation to be in. However, the following may help you to be prepared:
• Get it right when you register a child – explain to parents why the list of who can pick them up is important and that they must contact you if they need to send someone else in an emergency.
• If in doubt, err on the side of caution. It may be scary to think you could lose custom by upsetting a parent, but the child’s safety is of paramount concern.
• Deal with it before it happens, ensure you have workable policies on picking up children.