Tinies wins childcare reference clarity but still forced to disclose confidential information

Child carers will not have an automatic right to find out what previous employers have said in references after a lengthy battle between the UKís largest supplier of nannies and nursery staff and the Information Commissioner.

However Tinies has been left with no choice but to disclose the confidential reference information in the individual case that sparked the debate.

It means that a nursery nurse who took her case to the Information Commissioner will see which of her previous nursery gave her the reference, what it said and if that was hampering her job chances, even though Tinies had obtained the reference in confidence.

Ben Black, director of Tinies, said that after nine months of fighting the Information Commissioner he was satisfied that they had taken the case as far as they were reasonably able.

However, he said that the case had highlighted a problem and that the Information Commissioner would now allow each childcare case to be judged on its merits. It means references can still be kept confidential if an agency like Tinies felt that a nursery manager or parent who employed a nanny would be deterred from giving references if they were disclosed to the candidate.

With 25 branches around the country, Tinies puts a particular emphasis on checking references for nannies and nursery staff who apply for jobs. It is company policy not to rely only on a written reference but also to speak directly to the former employer in confidence so they are able to gain all possible information about the candidate.

In the case that sparked the debate Tinies felt it was not able to secure a post for the nursery nurse because of a below average reference. They had told the girlís former employer they would keep the information confidential. However the nursery nurse took the case to the Information Commissioner and demanded the reference information.

The Information Commissioner has told Tinies that it should be disclosed and they did not feel this would deter the nursery manager in this particular case from giving full references in the future. After a nine month battle Tinies were left with no option but to comply.

However, as a result of the case the Information Commissioner has conceded that childcare is a sensitive area and each case could be taken on its merits.

Mr Black said he was disappointed with the final judgement in the individual case but pleased that there was now clarity.

ìOur argument has always been that childcare is a special case. It is essential that the person giving the reference feels absolutely free to give an honest and open reference with no outside pressures.

ìOur fear was that a blanket policy of disclosure could put children at risk. Nursery managers, and in the case of nannies parents, would think that it was not worth the recriminations with a former employee if they give them a poor reference they might deserve. By fighting this case we have avoided the blanket policy.

ìNothing is more important than making sure the right people are looking after children, and a reference that simply confirms dates of employment is not good enough for this industry. That is why I am pleased that we can still withhold reference details in some circumstances. Childcare is a small, local industry where peopleís paths often cross. Anything that put in jeopardy nursery managers and parents giving full references had to be challenged.