Hi all,

I have been a childminder for over 2 years in Scotland and I need your advice please.

I had a little boy start with me 3 weeks ago and all I have had is stress! The boy is lovely but his mother has questioned almost everything, payments holidays... I have waivered payment twice in the space of 3 weeks! I emailed her last night with termination of care immediately stating that I should not have to question myself on how I run my business correct! She has come back saying I need to give her notice of 2-3 weeks even though she has not signed any of my policies or a contract!

What would any of you do in my situation? I've never come across anything like this so am stressed and need help

No contract? Then you don't have to do anything just don't answer the door lol

Totally agree, the parents has not completed her side of the 'bargain' and I pressume you have a settling in period? In any case she sounds like a lot of hard work. You have made your decision and good for you, you have terminated your services - END OF!

I always find it strange that parents want to use a service when they are clearly unhappy (not necessarily your fault, maybe you are just getting the brunt of her own frustrations and that's her problem) and know that they are not welcome.

Good luck and don't feel threatened by this parent - you have done the right thing. OK if she wants 2 - 3 weeks notice, give her it but tell her you are unable to provide a service for those weeks and she will have to find alternative care.

Sorry I wouldn't have let her child through the door until a Contract was signed and all Policies and permissions signed and agreed to. If a parent can't do that then they don't get care from me.

I would write her a letter stating that until she comes to complete all the necessary paperwork with rearguard to the care of her child immediately you will not be able to continue care.

No contract= no care here too.

No contract also equals no care agreement between you and parent and therefore no notice period. As parent has not signed contract she cannot say a notice period is in place.

She cannot take you to court as she has not signed a legal document which says you are obliged to offer care in regards to the signed contract. If she has not signed a contract she cannot prove that she is entitled to 2-3 weeks notice. If she has no contract you have no legal obligation to provide care.

But check with your insurer as things may be different in Scotland.

Learn from it (always have contract or no care) and move on.

A 'legal contract' isn't necessarily always dependent upon a written contract being in place. She might also have a case for being offered 'reasonable' notice. You are actually 'under contract' because you've provided a service and received a reward in the form of payment. The lack of a written contract makes it very hard for either party to say what the notice period is or should be.

But I'm being ultra-cautious in saying that, and already very much in doubt as to whether the client has a case than any sane lawyer would touch. As stated, many parts of Scottish law differ from English law.

IIWY I'd ask my legal team for advice.

I have to say I agree entirely with the other members that it's unwise to provide care without a written contract in place first.