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Your legal questions answered by Christine Betts, senior lawyer, schools and childcare team, Veale Wasbrough Lawyers Q Parents and carers often ask staff in the nursery to administer cough medicines, liquid paracetamol or antibiotics to their children. Can you tell me if I am obliged to agree to this?
Your legal questions answered by Christine Betts, senior lawyer, schools and childcare team, Veale Wasbrough Lawyers

Q Parents and carers often ask staff in the nursery to administer cough medicines, liquid paracetamol or antibiotics to their children. Can you tell me if I am obliged to agree to this?

Also, I have a strict rule that children who have had a bout of sickness or diarrhoea must stay away from the nursery for at least 48 hours after the last episode. However, many parents take the view that this is not necessary. Which of us is right?

A Early years settings must have in place a clear policy about administering medicines, and must ensure that the policy is fully understood by staff and discussed with the children's parents and carers.

'Managing Medicines in Schools and Early Years Settings' (2005) gives valuable detailed guidance on this issue and can be downloaded from the DfES website (www.dfes.gov.uk) or at http//publications.teachernet.gov.uk.

No medication can be administered by staff in schools or early years settings without parents' consent. Of course, this does not mean that staff cannot give basic first aid, such as putting a plaster on a scratch.

However, there is no legal obligation for schools or early years settings to administer medicines, and you may decide that if a child needs certain types of medicine, then, subject to issues of disability discrimination, it is better for them to stay at home until they have recovered.

Ofsted will expect you to have a policy about the exclusion of children who are ill or infectious. The actual period for staying away after sickness and diarrhoea episodes varies between providers from 24 to 48 hours.

A discussion with your local GP might be helpful, but at the end of the day the assessment of risk to other children is your decision and there may well be other parents who appreciate that the purpose of your rule is to reduce the incidence of such illnesses, which should benefit all parents.

Contacts

Christine Betts

* Veale Wasbrough Lawyers, Orchard Court, Orchard Lane, Bristol BS1 5WS, tel: 0117 925 2020, fax: 0117 925 2025, e-mail: cbetts@vwl.co.uk, website: www.vwl.co.uk

Nursery World

* If you have a question that you would like answered, write to Nursery World, 66-68 East Smithfield, London E1W 1BX, fax: 020 7782 3131 or e-mail: ruth.thomson@nurseryworld.co.uk. All letters will be treated in the strictest confidence but only published questions will be answered.