Non payment - PLEASE HELP!!!!

[dawn100]

Just a thought: do Ofsted have the right to demand to see our contracts? I know they can demand to see child records, etc. but surely there are limits to what they can expect to know about the business side of things.

I know we can all speculate or offer opinions, but does anyone know 100% for sure?

The reason I ask. If the policy says one thing and the contract says another, then there may be a problem. But if Ofsted don't have to see the contract and they're only interested in what the contract says...........................? go figure................

Good question, it might depend on what you have in your contract, I use mm contracts and part 1 contains all the permissions for photos, outings, sun protection etc which ofsted obviously want to see to ensure you are getting the relevant permissions but part 2 is just about times and fees, when ofsted inspected me (routine graded) they saw part 1 as I keep that in the childs folder but part 2 is kept with my financial records which I did not show. But if a parent raises an issue which they say is safeguarding and links it to the contract maybe they do have the right to demand to see it- I don't know?

[rickysmiths]

Just a thought: do Ofsted have the right to demand to see our contracts? I know they can demand to see child records, etc. but surely there are limits to what they can expect to know about the business side of things.

I know we can all speculate or offer opinions, but does anyone know 100% for sure?

The reason I ask. If the policy says one thing and the contract says another, then there may be a problem. But if Ofsted don't have to see the contract and they're only interested in what the contract says...........................? go figure................

Not that I have ever been asked by Ofsted, I do always remove them on Inspection day. They are confidential documents to do with my business and are nothing to do with Ofsted in the same way that none of my financial records are any of their business and they are not shown them.

I have all the information Ofsted need to see separate from Contracts. My Consents are listed on a separate form and I have a blank copy of the Contract in my parent information folder so they can see them and know I use them.

All the children's emergency contact info etc is on the child information form and in the front of my Pacey Attendance Register (one reason I love them) so it is clear the ages of the children I care for, when they are with me and that I have all the required contact information all in one place.

[Rashi]

Hi Miffy

I am keeping strong and believe me I am not letting them get away with this.

It's about time ppl started realising that as childminders we are entitled to be paid what we are owed. Ppl take the p*** too much and it's not on.

They dont understand this is over livelihood and that we have families to support to.

X

[tinka77]

Agree with Miffy, parents use I'm going to complain to Ofsted because if I threaten this the cm will stop chasing money. I too had a parent who threatened with Ofsted (thread on forum). I informed Ofsted to which resulted in a full inspection (new regulations). When the inspector arrived she informed me that there was no complaint against my name on the system and that the reason for them turning up at my door was because of my emails informing them of a complaint and that I hadn't had a inspection since 2009). When she arrived she didn't ask to see my contracts just child record forms, accident book and permission forms. The parent by the sounds of things is just trying to stop you chasing them for the money your owed. It makes my blood boil in that we care for their most precious thing in the world but if money is involved they will try to get out of paying. They have signed a contract, they should have read the small print

[Kiddleywinks]

Not much help for this, but maybe for the future...
I take 2 and a half hours plus with parents when signing contracts, because I actually read it out to them (MM you sign each page), and I also ask before passing to parents to sign if they have any queries, that way if they need any further clarification I can point out the relevant bit in my policies, and go through that with them too.

I do this with everyone, so should something be raised at a later date, I can confidently say in a court of law that all my parents knew what they were signing at the time, and could if needed call on any of my other parents to verify that I do indeed do this.
I would also use my attendance register to show the time of arrival and departure on the day the contract was signed to show how long parents were here.

There are also specific policies that I either read out to them/ask them to read whilst here so we are all on the same page:
All the ofsted requirement ones - safeguarding, complaints, etc
and then the ones I need parents to understand:
Fees including contract termination
Illness, incl a copy the HPA guidelines for parents to take home so they can check before asking me

Yes I still have the odd parent that likes to try and push their luck, particularly with fees, but I charge late fees so that is usually short lived (with only one exception and that was cleared eventually)

Good luck

[bunyip]

Good idea, Kiddleywinks.

Not sure I'd have the patience (or the reading ability ) to read the entire contract out to my clients. Instead, I've started issuing new clients with a 7-day 'cooling off' notice letter (same as the one used for parents who sign contracts in their own home under he 2008 contract regulations. That way I can at least show I gave them every chance to take home the contract, read it and still pull out within 7 days after signing.

[Chatterbox Childcare]

Normally Ofsted have no right to look at contracts but I believe that is because of the income but in this case as the contract has a direct link to the safeguarding issue I think they might want too. If they do ask you can always blank out your figures with a sticky label or something similar and just let them see the bit they need to see.

[Rashi]

Hi guys

You have all been so great. I have no issues with ofsted looking at my contracts and good idea about how to block out my figures chatterbox.

Not heard anything yet. Gonna contact my insurance company for an update

[Rashi]

Hey

I received some great news today!!!!

My insurance company are going to pay out for the monies I lost as a result of the parents breaching contract by not paying 4 week's notice in full.

I am sooooooooooo chuffed, even better, no complaint has been made against me to Ofsted

Thank you all so much for your advice and kind words. I don't think I would have dealt with this situation very well if it wasn't for you guys on here.

[shortstuff]

Thats great x hope they stick it to the family now x

[Rashi]

Thanks Gail, so do I xxx