termination wording - due to child behaviour

[Rickers83]

Lo5 has been extremely challenging, & I've check back in records we've had at least one incident a month since he started in november

Have tried several strategies as i worked in besd school for 5 years, nothing has improved, in fact we have had 2 serious incidents in last couple of months where other children, myself or my car have been punched/kicked. Warnings were issued & today we had another one, 2 children punched, me kicked & a lot of growling!

Spoke to mum & told her 3rd warning & i will be giving notice
have agreed to go to end of term (unless another incident occurs)

How do i word the notice letter as it is due to los behaviour

[hectors house]

I have a clause in my behaviour policy "When behaviour in the setting impacts significantly on the safety of other children then notice may be given" - hope you have something similar in your behaviour policy, I just checked Stat framework to see if that had any wording you could use but it doesn't refer to giving notice.

It's not as if the parents aren't aware of the bad behaviour you have had to put up with and you have already told them verbally that you will be giving notice - I would just confirm that unfortunately due to the repeated challenging behaviour shown by their child to you, other children and property that you have no choice but to give notice to the end of term unless you feel that you need to give immediate notice if there is another serious incident.

[KateA]

Hi I have a Claus too re bad behavior if I have tried working with both child and parents and nothing improved I can give only three days notice when behavior is impacting setting and other mindees. Its on my contract paperwork and I make them awear of this at time of signing x

[Kiddleywinks]

I would confirm previous dates warnings have been given, confirm that you informed parent on the final/3rd warning what would happen if behaviour did not improve, then confirm that due to lack of improvement, with regret, you have no choice but to give notice

At least by confirming previous warning dates where you felt it necessary to speak to parents there's a history, so to speak, should things not go well.

[Rickers83]

So I gave her the notice this morning, with 4 weeks

Shes just told me shes going to sort alternative out for Monday to reduce upset for her children & the others.

But in my contracts I state 4 weeks paid notice. In this circumstance can I insist she pays me the 4 weeks as i have said i will keep them for the notice period?

[tess1981]

You can yes... its a legally binding contract she was aware of that when she signed it. You have two choices either insist on the 4 weeks or if you are Happy to let the child go earlier take the hit money wise and think about a more relaxed home environment.... can you full the space easy enough

[Kiddleywinks]

Yes you can, but, for future reference, if you had a deposit held until the last 4 weeks it wouldn't be a problem.

This is where it can start getting messy.
Notice is given
Parent is not happy so withdraws immediately
Notice fees are not paid
CM chases parent
Parent refuses to pay and thinks by complaining to ofsted with a range of complaints from contractual issues (not in ofsteds remit) to fee problems (not in ofsteds remit) to safeguarding allegations (because their first two complaints don't get anywhere, and are probably informed unless there is a safeguarding concern there is nothing Ofsted can do) it's their get out of jail free card and they won't have to pay.

I hope it doesn't follow the route above, and once parent has calmed down she accepts the terms of the contract, but get yourself prepared for a visit/phone call from ofsted.
I'm thinking safeguarding complaint due to the reasons why you're giving notice

Good luck

[hectors house]

If this child's behaviour is as dangerous to everyone and everything around him as you say, I would be relieved that I haven't got to work out a notice period - just think of what could happen if he causes a serious injury to another child, I think he should leave with immediate effect and the parents shouldn't have to pay the notice period after all you both knew it was going to happen one day!

[Simona]

So I gave her the notice this morning, with 4 weeks

Shes just told me shes going to sort alternative out for Monday to reduce upset for her children & the others.

But in my contracts I state 4 weeks paid notice. In this circumstance can I insist she pays me the 4 weeks as i have said i will keep them for the notice period?

Do you hold a 4 weeks' deposit?
is the notice clearly explained to the parents in your contract? such as : either party gives 4 weeks notice...notice period worked by the cm...fees paid then deposit refunded at end of notice when any outstanding fees are paid and administration completed

If you look at pacey contract for instance....or any 'off the shelf' or own contracts....it will say notice to be given or payment in lieu if either party terminates immediately...
this parent has decided to terminate immediately and you may lose out if you have no deposit on hold...the parent has signed your contract so aware of the agreement you can now chase your money via legal means

Hope you can sort it with the parents.

To all cms....
a plea to consider taking a 4 weeks deposit...I understand it may be a lot of money for parents...but it is also a lot of money for a cms to lose when parents walk away...look at this and review your contract before the new tax free childcare system comes in...have it all in place then :thumbsup:

[rickysmiths]

From what you have said according to my Contracts (Pacey) I can give instant notice and the parent still has to pay four weeks fees in lieu of Notice. I take a four weeks fees Deposit so in this case the Deposit would cover the fees. There is no way I would keep this lo for the four weeks notice as they are a danger to the other children in your care and to you and you have tried longer than I would to help correct the behaviour and it has not worked.

It sounds as if Mum has been expecting this.

I would have put in the Notice letter what amount was still outstanding and needed to be paid and I would probably have given the parent some time to pay. I would have also outlined the dates and number of warnings so there was a record of this between you and the parent.

In this case if you haven't taken a Deposit I would send an invoice for the 4 weeks Notice and the parent may just pay it, they know it is due and have signed a Contract agreeing to pay for the Notice period, but if they don't I think on this occasion I would leave it. The parent could kick off and even though you may be correct they could complain to Ofsted and it could all get messy and having been trough malicious complaints I would avoid it like the plague!

I would use this as a learning curve. Review your Policies and your Contract so you can, if you have tried to to work with parents over behaviour issues you can give instant notice with payment in lieu of Notice due.

Take a 4 weeks fees Deposit. It is a lot but I have never had a problem over it and I have used my discretion sometimes and taken two weeks and allowed parents to pay an extra week on the first two months fees to build up the Deposit. I then hold this Deposit in a separate account and say that as long as all fees are paid up to date it will be used to cover the last four weeks of care. This can often help the parents in the long run because if they move they may have to pay a Deposit elsewhere and it helps them not to have to pay for the last month. I also make it clear in my Contract and in my Fees and Payments Policy that if they reduce Days/Hours in the first six months or indeed before the full Contract starts they loose that % of the Deposit.

[Ripeberry]

Defeats the object of saying he is a danger and then carrying on.