PDA

View Full Version : Contract Advice Urgently Needed



claire'scherubs
14-01-2011, 10:47 AM
Morning all on this rainy Friday

After much deliberation I have decided to terminate a contract of a very difficult 2 1/2 year old little boy that I look after and I need your advice.

I took the child on a flexible contract and charged a minimum charge, with late payment fees clause.

The flexible contract was a BIG mistake, as she generally doesn't tell me what hours she wants until the Sunday of the week she wants me, then I end up having to 'jiggle' my other parents around to accomodate her. The parents, obviously are getting a little bit fed up with this.

Money should be paid in advance, she pays me when she collects after the first day of care, however this week I have received no money and been told I will get it next week (going to get a shock then when I add the late fees:eek: )

The child is difficult to say the least, smacks, shakes from head to toe when disciplined, monster and sleepy hollows obsessed, and when we do try to distract with other turns, he just turns off:( I have reported my concerns to SS as I think there is some sort of neglect/abuse going on, after weighing up all the things that seemed 'wrong' with this 2 year old.

I have persisted with the care as I thought that maybe I would be the only stable person in his life.


However, my DD (4yr) who is normally so social with other children and understanding of others (it has been commented about at her nursery as she is the only child in nursery who will sit and play normally with a child in a wheelchair and treats her exactly the same as the other children), screams the place down when she knows this little boy is coming and has been saying she really doesn't want him to come anymore.

One of my other Mums has now made a comment about her LO not liking this little boy either and has become scared of going to bed because of monsters, which when questioned the other little boy has told him they live under your bed:o

So, to cut a long story short (sorry didnt realise) the contract went into full contract of the 6 December as per Item 9 on the NCMA contract, although we didn't do a review.

Do I have to give the full notice period, as we didn't review or am I tied in to the contract because there was a date on the contract to say settling in period finishes on X and full contract starts X

OR could I say that she has broken the contract by way of not paying the fees correctly

Sorry I didn't realise how long this would be, if you have made it this far, then any words of wisdom would be gratefully received

singlewiththree
14-01-2011, 10:50 AM
I would say you are tied to the 4 weeks as even though you didn't review it the contract suddenly didn't run out on that date, it was just a review date, sorry, sounds like a nightmare child.

gigglinggoblin
14-01-2011, 11:34 AM
I also think you are tied to the 4 weeks. However if he is giving the other children nightmares with his stories that might be a way out. If you call NCMA they are probably the best ones to advise you.