View Full Version : how do i cancel a contract?

20-03-2008, 02:01 PM
hi i need some advice before i go mad!!

i currently mind a brother(5) & sister(3). had them since beginning of january. i also have my own 5yr old son who's starts school after summer.
anyway-the two i mind are little terrors-ganging up on my son-(biting,punching,jamming fingers in the door etc) the boy is suspected to have autism and the little girl is just a badly behaved little madam.
i have spoke to the mum(single mum) quite a few times about their behaviour and she is such a doormat that they take no notice of her.
well yesterday after my son got smacked across the nose with a toy (cut across the bridge of his nose) i warned both of the mindees that if they hit him again i wasn't having them back-
i had the little girl and my son at an outing with the mother & toddlers this morning and she was being bad again-then when we were coming back on the bus(full of the mother & toddlers) she called me a *****!!!
i think i'm pretty patient but i really have had enough....
i know the 3 mnths probation aren't up yet- how do i deal with this-it really is stressing me out & i'm miserable:(

20-03-2008, 02:11 PM
I think you have every right to terminate this contract as soon as you want. How is your 3 month probation worded?? Is it so that either side can terminate the contract straight away if it wasnt working out??

Have you written down everything that these 2 children are doing, all the verbal and physical insults?

Somebody else will probably be along soon who can help further.

20-03-2008, 02:12 PM
Have you got an NCMA contract? If so have a look at note 25 it states:

If the childs behaviour is or becomes such that the safety and well-being of other children in the care of the registered childminder are threatened, the childminder may terminate the contract without notice.

If the child is hurting your child then terminate. If you are still in the probation period it will be even easier.


20-03-2008, 02:15 PM
hi. its scma contracts i have.i'm in shetland.will have to look and see if there is a similar thing in it.


20-03-2008, 02:17 PM
Both my behaviour policy and my contract state that if behaviour gets to the point when I cannot safely look after the child/ren, then I will ring parents to collect immediately and terminate the contract without notice.

I would not expect to be paid though! I would just be happy to get rid under these circumstances. I don't know what the Care Commission would say or expect from you, but I know with Ofsted I would make careful notes in case of a complaint, showing what i have tried to do to stop it happening, how i have involved parents, how the behaviour has deteriorated and how I made the sad decision to terminate due to mine and my child's personal safety.

Good luck :D

20-03-2008, 02:21 PM
Have you signed a contract? What does it say about your trial period?

If you are still in your trial period or have not signed a contract then the full terms of the contract do not apply and you can say to the parent that you are very sorry but one of the reasons of having a trial period is to ensure everyone is happy about the arrangement before committing to the full contract ... unfortunately the arrangement has not gone as well as you'd hoped, and there has been no improvment on the matters you previously discussed ... so you have no choice but to cancel the agreement because its quite clear that it would not be in the best interests of the children to continue at your setting. Most likely in a different setting, with different mix of children/personalities they will get on much better.

I would keep all payment in respect of the days already worked and refund any deposit and/or payment for future fees. Also you could give her a list of local childminders to try?

You will have to give the full notice as stated in your contract if the contract does not mention a trial period or if the trial period has ended.

Good luck.

20-03-2008, 07:35 PM
i did it!!:clapping:

i spoke to the mum tonight and told her i couldn't look after the kids anymore. i told her i would give her the 4 week notice period so she could find a replacement,(even though i think i was justified to give her none) she told me she would have to give up her job, which i felt really guilty about-but there was no way i was going to take abuse from a three yr old!!
i was mortified in front of all the mums!!
anyway-feel a million times better now-my pounding headache is gone and can't wait till tomorrow nite to celebrate!!:thumbsup:

20-03-2008, 07:37 PM
That must be a big relief now that you've spoken to mum. I hope the next 4 weeks are ok for you

Emler x

20-03-2008, 07:38 PM
good on you

she should make her kids behave!!!!!!:laughing:

Cammie Doodle
20-03-2008, 07:39 PM
Well done you .:thumbsup:

Tily Bud
20-03-2008, 07:43 PM
well done for making a decision and sticking to it !! x

20-03-2008, 07:43 PM
Well done, at least you will not have it worrying you over the weekend. By the way did you tell the mum what her DD said to you on the bus?

4 weeks to find a replacement, I'm sure it will go great ;)


20-03-2008, 07:46 PM
Well done - pleased to hear you've sorted it out

Miffy xx

20-03-2008, 07:48 PM
Good for you. I hope you have a lovely weekend now that it is sorted

amanda xx

20-03-2008, 07:52 PM
How appalling for you to have to experience that. Well done on biting the bullet and terminating. I think you have been more than generous giving the 4 week period but I would seriously consider re-iterating to mum that if her children harm your child in any way you will call her to collect them immediately and the contract will be terminated from that point. You cannot allow your child to be hurt in this manner. If she won't collect if this does happen call the next person on your contacts list.

I would also say to the children very firmly and sternly that you do not allow......(your rules).... and if either of them hurt your son you will be calling the mum.

Well done you and good luck

20-03-2008, 07:55 PM
Well done you!! If she is un-able to get childcare for these children within 4 weeks then its not your fault & i'm sure her saying she'd have to give up her job is just to make you feel guilty - which you shouldn't feel at all!!

You enjoy your stress free weekend now :) :jump for joy:

20-03-2008, 08:20 PM
Good for you for being so generous as to give her the 4 weeks notice.

Glad you are feeling better, hope all goes well and keep us posted.

Michelle M
21-03-2008, 02:48 PM
Well done you on sticking to your decision. Glad you feel so muh better, enjoy the weekend :)

22-03-2008, 05:24 PM
Well done you.

She should think herself extremely lucky you have given her the 4 weeks.

That should give her enough time to find someone else to look after them.