Parent's Question about Notice Policies

[lincsparents]

I have a question about notice period policies from the perspective of a parent. We are currently in dispute with out childminder over a notice period.

We decided to leave our current childminder and gave her 4 weeks notice. All was fine. Although she initially assumed that the notice period consisted of us paying her for 4 weeks but her not actually looking after our children. After this misunderstanding was ironed out all seemed fine.

A few days into the notice period our childminder informed us that she would only be able to have one of our children for the remainder of the notice period. We arranged alternative care for our other child and continued to send the other child to her but she now demands that we continue to pay her for both children until the end of the notice period.

We assumed that as she was breaking the notice period for that child then she wouldn't expect any further payment.

This obviously is an unusual situation and something not specifically covered by our agreement (which is sparse anyway). Can she really expect us to pay her for 4 weeks of childcare when she isn't giving us 4 weeks notice?

Your opinions would help a great deal as we're not sure if we're being taken for a ride or whether this is normal practice, as this is the first childminder we have ever used.

Thanks in advance for any advice you can offer

Yours Sincerely

Confused Parents

[Pauline]

Hi glad you have come to ask your question :)

It is always difficult to answer individual questions because childminders are self-employed and can, in effect, make their own rules for the own setting.

However, I would say that she shouldn't be charging you if she couldn't have the child. To me, if a place is not available then it should not be paid for. It is certainly what I would do.

Did she give a reason for not being able to care for the other child?

What have you got written in any policies or contract?

[ajs]

hi confused of lincs
i would be inclined to agree with pauline
if the place was available and you chose not to use her setting then i think it would be fair enough to pay for it but as she has effectively removed the space then how can she expect to charge for it.

but as pauline says it's her business and her rules you should check the contract it may explain in more detail.

good luck getting sorted though xx

[lincsparents]

Thanks for your quick replies!

To me, common sense says we shouldn't have to pay, but as our agreement is unclear under this odd combination of circumstances I really don't know what to do!

[mum2two]

I agree with the others. If you agreed 4 weeks notice, with having the children, (which I presume is what you eventually agreed on after the misunderstanding), then she should really be having both your children for the 4 weeks notice period.

If she has said the space is not there now, (I'm assuming because she has filled it already), then I can't see how she can charge you. As others have said, if you'd chose not to send them for the 4 weeks, she'd still be due as that's your choice.

Hope you get it sorted.

Kelly x

[lincsparents]

Sorry Pauline, i just realised that i hit send to quickly and didnt actually answer your questions!

The reason she gave was that our son had been naughty and had hit one of her own children and that it wasn't fair on them. Which i can understand, obviously but it's still her choice to stop looking after him rather than dealing with the issue by working with us to control his temper

On the subject of contract there was no written one when we started using her. She is a legitimatley registered childminder however and my wife knew her so we thought it would be fine.... maybe that was our mistake :-(

[mrsb]

I also agree with Pauline.

Do you have any kind of contract? If you don't then your child minder has not got a leg to stand on really, she can't ask for payment for your child who is not there because there is no agreement in writing with you. So you could actually take your other child out from her care now as well......

I know it's a bit late now but even if your best friend starts minding your children ALWAYS get everything on paper :)

Hope you can sort this out:)

[breezy]

Good advice given already, hope things work out

[Pauline]

If you have no written contract then, as Mrsb says, she basically doesn't have a leg to stand on and you could remove your children immediately and pay nothing. As far as I am aware, your childminder couldn't take any legal course of action to recover the money if there is no agreement in writing.

[angeldelight]

How long had the childminder been minding your children was it very long ?

It is such a shame when things like this happen

I hope you manage to sort it out

Angel xx

[Pauline]

Forgot to add: like has been said, friends or not it is always best to get everything in writing so that you know where you stand. But you have probably learnt that lesson already :rolleyes:

[lincsparents]

Thank you all for your advice. I wasn't sure if i'd get a reply at all but all your replies have been very helpful.

Thanks again

[gemhei]

If the childminder is not going to look after your child because of these incidents then shes terminated your agreement, therefore you shouldnt have to pay her. Sounds to me like shes filled that place and was looking for an excuse. If you havnt got a contract then i wouldnt pay her from the time your child left as theres no legal agreement there, it would never stand up in court either. Good luck!

[Rubybubbles]

agree with eveyone, sorry you had a bad experince with this childminder, we are not all like this, infact we would scare you with the amount of stuff we would make you sign :laughing:

hope you manage to get it sorted out

[buildingblocks]

Didn't want to just read and run but i agree with everything that has already been said.

[tulip0803]

I think you have been given good advice. And as said before the vast majority of childminders would not be this way. I hope everything works out for you.

[Blaze]

Bit late to this...I agree totally with what's already been said...& I hope you will continue to use childminder's in the future & not let this experience taint us all!:)

[Pauline]

I agree, don't let this stop you considering a childminder in the future. For every one that doesn't do things properly there are dozens who offer a professional, highly competent service. :)

[sharons]

I agree hope your next childminder is more proffesional