EYEF - can they do this?

[kindredspirits]

I have been a funded minder for one term - I had a child who intended to start in jan but their start was delayed by a couple of weeks so I forecast that the child was going to start, and had a forecast payment of £325 at the beginning of January.
The child started the week after headcount week and stayed less than a term before emigrating. I do not currently have any funded children on my books.

Devon council say we cannot refuse a space for funded children but they will only fund children who are there during headcount week. Today they sent me a bill for the £325 - I told them the child started after headcount week, but as I couldn't refuse them starting I presumed the forecast payment would be ok to use, understanding that if I had another funded child wish to start I would get no funding at all for them.

Today the helpdesk have returned my email saying they won't find children who don't attend headcount week therefore I must settle the bill.
I can't afford to. I used the money because the child was attending so I figured their fees were ok to use.

Please tell me the helpdesk are wrong?

[loocyloo]

did the child have a signed contract dated before headcount? Should they have started/ would they have started if not put back?

Can you talk to a DO? Good luck

[kindredspirits]

no the forecast was requested in December, so I was expecting the child to start but their move to this county was delayed by a few weeks (family were staying with parents prior to moving abroad so it was all sorted over the phone then delayed) my argue,net is how can they insist we allow children to start regardless of when they want to, but still insist I give the funding back?

[Mouse]

Have you got a copy of your contract with your LA?

I would read through it very carefully and if need be, contact your insurance company for advice.

The way it works here is that we put in our estimates in advance, then confirm the children who are here during headcount week. We get paid a percentage of the estimate before the start of the term, but then if we don't confirm the same number of children for headcount week, the balance of the payment will be adjusted to take off payment for any children that didn't start in time.
If we have a child start after headcount week we don't get paid for them until the following term. We either don't take them on until the next term, or parents have to pay for the place.

I'm afraid in your case, we would have to pay back the money as they child hadn't started by headcount day. But, we aren't obliged to take on a child part way through a term. That's the bit you need to get clarification on.

Good luck.

[kindredspirits]

The helpdesk have just replied confirming that I am obliged to take on children regardless of if they wish to start. After headcount week but I am not eligible to claim funding for them. Apparently I need the parental signature on the headcount form in order to claim, but I would not have been allowed to turn them away anyway.

I have just sent them a reply saying that they are asking a childminder in al already low income to work for free and it is totally unacceptable. I simply cannot afford to pay the money back as I believed it was money I had earnt so I used it for bills. I have told them that too..... Grrr. I can see why so many minders don't bother with the eyef.

[kindredspirits]

Oh and it is against the policies to ask the parents to pay for a place if they start after headcount so I can't do that either.

[Mouse]

The helpdesk have just replied confirming that I am obliged to take on children regardless of if they wish to start. After headcount week but I am not eligible to claim funding for them. Apparently I need the parental signature on the headcount form in order to claim, but I would not have been allowed to turn them away anyway.
.

That's just awful :panic:

[blue bear]

It used to be that we couldn't turn families away and could only claim if started on or before head count week. D/o always said we didn't have room after head count week because it's obvious a childminder can't afford to work for free for a third of their income.

It's all changed here and we can start and finish children whenever during the term but the only down fall is we can't insist of a notice period so if they turn up and say today is their last day then that's it we only get funded to that day.

Under our old rules we would have been asked to pay back the estimated amount like you have.

[Ripeberry]

This is another reason why I will NEVER offer funded places. Too much faffing around and not of any benefit to the CM.

[blue bear]

Did you sign something to say you agreed to the councils terms which include when payment will and will not be made including head count cut off and accepting children nil pay after head count.

It's a bit like a parent signing a contract them claiming they didn't understand the terms, you need to read all the print and ensure you understand what you are agreeing to.

If you didn't sign to say you agree to their terms I can't see how they can enforce it.

[kindredspirits]

Yes I signed the provider agreement however I honestly thought that because the funding had been processed for me, and not used on any other child that I would be ok. I figured they wouldn't make any future payments for children starting after headcount week but seeing as they paid the forecast payment when actually I had no other children to claim it for I would be covered.
I am going to argue my case a bit more, if they point black refuse to budge then I will pay them a small amount a month off the bill and never take on another funded child.
I wouldn't mind if I hadn't done the work, but it have, I spent money on snacks and resources and now it would seem I am actually at a loss.

The more I think about it the more cross I get....

[tigwig]

No real advice I'm afraid but wanted to say I think your situation is absolutely disgusting. I at the moment provide a funded place for one 3yr old. The first time I have ever done this and not being great on computers I have struggled with the constant updates I have to do on the portal. So over Christmas it turned out I made a mistake and I still haven't been paid for this term! So I've cared for this child since Jan and will apparently receive payment next Friday. All because of one mistake. I have today sent out newsletters to all parents saying I am no longer going to offer any funded places. Its just not worth the hassle. My la demand I fill in lengthy paperwork on a regular basis, pressure me to do training I've recently done or something I do not need help with and I've had enough! The summer term will be the last place I offer to existing child.
Sorry I've totally ranted there lol and I really hope you get your situation sorted. They would have to take me to court to get the money back! !!