Help. A little scared of a parent! ;-)

**ALA** · 20-11-2013, 06:12 PM

I wonder if you can help me - bit of a long story. Two years ago I was looking after a then 8 year old. All was good, signed a contract, everything was good (except the child was a bit annoying and didn't get on very well with my own son - but I sucked that up). Childcare stopped after mum had a baby and was on maternity leave. The baby seems to have sent mum a bit nasty. In September this year the girl came back to me for after school care three days a week. I didn't get around to sorting out a new contract as I was sorting everything out on ********* and was super busy. Anyways she was demanding a preferred rate (I gave in), she has paid late every month (no contract means I couldn't enforce late pymnt fee), snippy texts, and the final straw was being violently ill and being unable to work one day. The night before I sent a 'warning' text to all parents that my son was vomiting and I feel queezy to which everyone replied nicely and sorted alternative childcare the next day, said lady said 'please go ahead and collect my child'. After being sick all night I sent a further text in the morning apologising profusely that I was in no state to collect her child at the end of the day. The reply was distressing suggestions it wasn't good enough and not enough notice given to her and I had better sort something alternative out. In my delusional state I did and informed her, I also stated how disappointed I was at her reaction, for I am only human. My hubby went to collect child tonight from a club and she wasn't there - had gone home. For £140 per month I have decided it's not worth the constant stress so have text notice based on breakdown of relationship among other things. Have also e-mailed a letter. She has come back saying (among other things) she thought it was 'one months notice'. I have advised we don't have an active contract which is why I have offered till the end of the month, then no monies have to change hands - which I always have issues with anyway. SO, my question is this. She appears to be a nasty lady at times. If she contacts Ofsted and 'reports' me for not having a contract, will I get into lots of trouble?

**Goatgirl** · 20-11-2013, 06:29 PM

Hi

,
I don't think you have to have a written contract from Ofsted's point of view, so I wouldn't worry as long as you have all the child records, permissions etc.

So sorry you are having all this stress

.

Hope it works out ok and you get no extra hassle from this parent

**Rick** · 20-11-2013, 06:43 PM

Am I right in saying you need a contract, otherwise your insurance is invalid?

**sing-low** · 20-11-2013, 07:00 PM

Originally Posted by MTK007

Am I right in saying you need a contract, otherwise your insurance is invalid?

Possibly. Probably depends on whether the original contract was ever ended and I think that a verbal contract may suffice (but I'm not a lawyer).

OP, I suggest that you document everything from now on. Don't text, write a letter. Hope it gets sorted out soon.

**mama2three** · 20-11-2013, 07:16 PM

Ofsted are unlikely to get involved if she merely complains about the contract - only if she complains about the care.
Is your oh registered as your assistant?
If not then this is where you would possibly be in trouble , although he didn't actually collect the child anyway.

**clairer** · 20-11-2013, 09:57 PM

Poor you it's horrid when parents turn nasty. I really wouldn't worry about her reporting you, you can't keep her on just because you feel blackmailed.

Live and learn, a valuable lesson. We are all constantly learning x x

**ALA** · 21-11-2013, 09:29 AM

Originally Posted by clairer

Poor you it's horrid when parents turn nasty. I really wouldn't worry about her reporting you, you can't keep her on just because you feel blackmailed.

Live and learn, a valuable lesson. We are all constantly learning x x

Thank you all SO much for the comments. Supportive and has given me something to think about xxx

**angeldelight** · 21-11-2013, 09:41 AM

I understand you was busy at first but I'm unsure why you have never sorted out a contract with this parent

Your leaving yourself open in so many ...it's for your protection and the parents in lots of ways

Do you have contracts for the other children ?

Angel xxx

**ALA** · 21-11-2013, 01:42 PM

Originally Posted by angeldelight

I understand you was busy at first but I'm unsure why you have never sorted out a contract with this parent

Your leaving yourself open in so many ...it's for your protection and the parents in lots of ways

Do you have contracts for the other children ?

Angel xxx

Oh my goodness YES! I have a contract from when she initially started (which had not been terminated when her mum went to maternity leave and she was not in my care for 9 months), which is why I didn't 'rush' to set up a new one. IF she digs out the original one I suppose she would still be within her rights to hold me to that, I'm just hoping she doesn't. And yes, I have contracts with all my other kids too.

**ALA** · 21-11-2013, 01:51 PM

angeldelight I sure do have contracts for ALL children, I even have the original one I set up for the girl back before her mum went on maternity leave. SO, if she manages to dig that up she would be well within her rights to hold me to that as I never 'ended' the contract. I'm just hoping she wouldn't want to because she dislikes me so much for some unknown reason.

**ALA** · 21-11-2013, 05:33 PM

Can you read this? My replies are not showing??......

**Daftbat** · 21-11-2013, 06:00 PM

Originally Posted by MTK007

Am I right in saying you need a contract, otherwise your insurance is invalid?

You do not need a contract for your insurance to be valid.

You DO need a child record form or similar document in order to comply with Ofsted - not your insurance company.

It is always advisable to have a contract to protect yourself and to be professional.

**Daftbat** · 21-11-2013, 06:02 PM

If this woman tries to complain to Ofsted they will not be interested as its contractuual. They will be even less interested about whether you have a contract or not. They only insist upon the child record details confirming details about the child not the arrangements you have made regarding fees.

**Tatjana** · 21-11-2013, 10:56 PM

Ofsted have no interest in contracts or contractual disputes, they are only interested in the welfare of the child and you sticking to CM legislations.

**ALA** · 22-11-2013, 07:53 AM

Originally Posted by Tatjana

Ofsted have no interest in contracts or contractual disputes, they are only interested in the welfare of the child and you sticking to CM legislations.

Thank you!

**Koala** · 22-11-2013, 08:45 AM

Tell her to jog on.....

Ofsted arn't a battering ram to punish us - so don't feel threatened by this.

Advise her that under your human rights you are entitled to feel safe and secure in your work and her actions and demands are contradicting this so with immediate effect you are withdrawing your services. You cannot be forced to provide care.

Just think about what has happened and ask yourself - is she jeopardizing everyone else because she wants something - if the answer is yes - she isn't worth a second thought - don't beet yourself up.

If your worried about contracts - give her four weeks notice and state that you are unable to provide care for those four weeks, end of conversation. But honestly I doubt she has a leg to stand on - she's too busy kicking you with it! cheeky mare.

Good luck and don't let her treat you like this. It's disgusting, anyone in a workplace would have her to a tribunal.

**bunyip** · 22-11-2013, 09:16 AM

Just a thought (ignore this if it doesn't apply or makes the whole situation too messy.)

If the client is using the original contract (ie. that which applied before her maternity) to argue that she is entitled to the full notice period, then that contract should be applied quid pro quo to her side of the arrangement too. She can't just say the old contract applies, only to use the bits that suit her and ignore the bits that don't. It just doesn't sit right. So you might be within your rights to issue her a revised invoice: no "preferred rate"; add in the late charges; and possibly even charge for non-attendance during the maternity period (subject to whatever you'd agreed for that time.)

Take legal advice on this.

**ALA** · 23-11-2013, 02:59 PM

Originally Posted by bunyip

Just a thought (ignore this if it doesn't apply or makes the whole situation too messy.)

If the client is using the original contract (ie. that which applied before her maternity) to argue that she is entitled to the full notice period, then that contract should be applied quid pro quo to her side of the arrangement too. She can't just say the old contract applies, only to use the bits that suit her and ignore the bits that don't. It just doesn't sit right. So you might be within your rights to issue her a revised invoice: no "preferred rate"; add in the late charges; and possibly even charge for non-attendance during the maternity period (subject to whatever you'd agreed for that time.)

Take legal advice on this.

Bunyip: That is SUCH a good idea! I haven't heard from her since Thursday. On one hand I am thinking 'phew' and on the other hand I am thinking 'what is she plotting'? I will defo bear in mind what you say about the contract though and will use it to my advantage if I have to. xx

**ALA** · 23-11-2013, 03:00 PM

Originally Posted by Koala

Tell her to jog on.....

Ofsted arn't a battering ram to punish us - so don't feel threatened by this.

Advise her that under your human rights you are entitled to feel safe and secure in your work and her actions and demands are contradicting this so with immediate effect you are withdrawing your services. You cannot be forced to provide care.

Just think about what has happened and ask yourself - is she jeopardizing everyone else because she wants something - if the answer is yes - she isn't worth a second thought - don't beet yourself up.

If your worried about contracts - give her four weeks notice and state that you are unable to provide care for those four weeks, end of conversation. But honestly I doubt she has a leg to stand on - she's too busy kicking you with it! cheeky mare.

Good luck and don't let her treat you like this. It's disgusting, anyone in a workplace would have her to a tribunal.

Koala, perfect, glad I'm not the only one with these thoughts xx

**ALA** · 06-12-2013, 02:08 PM

I thought it had gone a little quiet on her front and low and behold I awoke to an e-mail from her this morning. It read like this:

ALA,

We have reviewed all of the days that you cared for our daughter *** against the payments that we have made. You have cared for our daughter for a total of 19 days since her return to your childcare in September. Therefore we have overpaid for childcare services by £233.51 as the monthly amount was an average spread over 12 months but you have not provided the service agreed for the agreed period.

Please can you ensure the above overpayment is sent to our bank account within the next 5 working days to resolve this.

NOW, firstly I thought she was simply referring to the days I could have had her but she was on trips/at doctors/at clubs, so I thought 'you can jog on love'. Then I worked out how many day's I SHOULD have had her and this figure is actually 30 days. My issue however, is that she is correct that because I averaged out over the year (including inset days/Hols) she should have paid £303.75 and infact paid £425.88. I have nothing in my pymnt terms about return of fee's on end of contract based on the fact I average pymnt's out. I could easily charge her late pymt fee's for the past three months but I didn't detail that in my original contract AND if I start referring to contract, she could bring up the fact I advised we didn't have a current or active one. If this is confusing you, you are not alone. I don't know what to do about this one? HELP!!!