Parent in breach, what to do?

[MRSHT]

Hello,
I'm hoping someone can help me. Tonight I've received an email telling me that my minded child is being withdrawn from my care with immediate effect, because they aren't happy with various things. I can't exactly say it's a surprise but it's still made me cross.

Anyway, the original deposit which I took to be used against final month's care was used at the beginning due to a "misunderstanding". I let it ride as she was my first parent and I wanted to be reasonable. From the beginning she has also been telling me she would be using vouchers and these have never appeared so billing has been somewhat ad-hoc, although I have been paid up to date. Also to consider is the fact that our contracts meeting was very disturbed (she was on the phone and child was being super clingy so I didn't have her full attention and she had to leave for school pick up) and so I filled in the payments bit on the NCMA contracts and left her to fill in the times at home, at which point she added 15 minutes a day without consulting me, so I charged an extra half hour. The problem is I never got round to doing another fees part of the contract so the figures don't tally although I have been charging the same hourly rate.

So what do I do and where do I stand? I've learnt a lot from this one experience but am really cross that she's trying to get out of paying me after all the messing around she's done and I've put up with. Do I reply to her email asking if he will be attending for his 4 week notice period in which case she owes me £x (whatever it would be) and if he won't be attending she owes me £x (whatever it would work out at on the contract terms)? It will be just over £300 whichever way so I would be covered with NCMA legal help wouldn't I?

ARGH!

Any help appreciated, thanks.

[BlondeMoment]

I would yes. give her the choice and tell her that she is in breech of contract but you are trying to be fair so giving her the choice. Good luck

[sarah707]

Legally if you go to court to try to reclaim fees you can only charge the amount that is on your contract.

Anything you do now between parent and you must be in writing and professionally presented. Keep a log of all conversations and don't be tempted to answer by text.

Simply state the terms that you have already shared with the parent in your fees policy and as noted on your contract...

Dear xx

Further to your letter of xx giving notice, I am sorry you have decided to give notice.

To clarify the financial side of things, xx's last day with me will be (date) as stated on the contract you signed with me.

The fees that will be payable on (date) will be £xx. Of course xx is welcome to attend during the notice period and I am sure you will want to collect her learning journey, photos and other... I dunno I'm sure you have bits and bobs left over, I always do.

Please remember that you are responsible for advising Tax Credits that our agreement is concluding on (date). The phone number for Tax Credits is xx.

If you have any questions about the terms and conditions of our contract please see attached... then attach your fees policy and contract copy with the relevant bits about notice period highlighted.

Keep a copy of the letter in your files in case you need to take legal action in the future.

Good luck

[MRSHT]

Morning,
Thank you for those replies.

My Dad has asked me this morning if it is worth pursuing the money given that we're fairly new to this area and I don't have any other kids/parents who can verify that what she is saying is wrong and so if we get into a wrangle over the money and she starts saying anything about me I could end up in trouble.

I was going to ask for his Daily Diary back to keep towards any coursework assessments or Ofsted, do you think this is acceptable or not?

[chrissie250]

I would say i agree that if a bad word is spread about you it is not good for your business with you being new to the area, but also if you do not pursue it will just also become common knowledge that you are a walk over with fees and will not pursue action further to gain what is yours!!, its a hard one but i would not be put off by this parent and you will prob find alot of parents will still consult you over your services and you will go on to get other children on your books.......just learn from your mistakes now x

HTH
Chrissie

[Mookins]

Morning,
Thank you for those replies.

My Dad has asked me this morning if it is worth pursuing the money given that we're fairly new to this area and I don't have any other kids/parents who can verify that what she is saying is wrong and so if we get into a wrangle over the money and she starts saying anything about me I could end up in trouble.

I was going to ask for his Daily Diary back to keep towards any coursework assessments or Ofsted, do you think this is acceptable or not?

at the end of the day if she owes money shes owes money...can you afford to let the £300 or so just go? if you let them walk over you others wil take note...id also see it as a sign of defeat and that basically you are agreeing to be in the wrong (if i was the mother)

dont be pushed over, its your bussiness...chances are as you are new to the area whats to say she isnt known for doin this!!

as for daily diary, ofsted wont want to see work for children that arent any longer with you...

be strong hun but keep it proffessional as sarah says
xxx

[Susana0600]

I am sorry about your problem it's very sad indeed, hope that every thing will have a happy ending

[Goatgirl]

HI ,
I'm sorry to hear about your unpleasant experience .

I would be judging what to do next based on what the situation is regarding their stated reasons for terminating. Does it seem as though they will go further and make a malicious complaint against you? And can you show (a reasonable person) that you haven't done anything that would give them cause to terminate with immediate effect.

Or is it just that they're saying they don't 'like' the way you're doing things. In which case they have no right to terminate without paying the full notice period.

If they are making allegations, you will need to deal with them according to your complaints procedure. Keep everything in writing and be very careful about your wording in case anything comes back to bite you

Assuming their dissatisfaction is just not seeing eye to eye with them I would go ahead and persue them for the outstanding money. Not persuing could be seen as admitting you have done something wrong (if something is alleged) and as someone else has said, you don't want a reputation as a pushover. It can seem, when you move to a new area that everyone already there knows each other and are alike, but I have found that none of my parents know each other except through meeting on my doorstep (apart from one who recommended me to another)!

But at the end of the day, this is your situaation and only you know what you want to do : go with your gut feeling ...and then take some time to enjoy knowing you wont have to have anything to do with these parents in 4 weeks time

good luck: let us know how it works out. Well I hope

best wishes,
Wendy

[MRSHT]

Thank you everyone. My friend has just drafted me an email as mine just sounded far too antagonistic, so I have sent that asking for the 4 weeks notice period and whether he will be attending or not.

It is definitely just that they have problems with my way of doing things apparently, they've never said anything just dropped this on me, although I wasn't especially happy with the relationship and found it very difficult. It's things like me apparently not communicating with them (I won't go into it but that's so wrong) and my fees are excessive for the level of care I provide (I'm £3ph and the pre-school in the next town is £3.10ph). Anyway....we shall see what we shall see!

Thank you all for the replies, I have learned quite a few things from this experience, not least to stick to my guns about deposits and payments and to lay things out even more clearly, and have a couple of new policies! Suppose everyone has a learning curve at the beginning. Thanks again.

[Goatgirl]

Good luck: hope they just pay up without any stress

take care,
Wendy

[christine e]

Hello,
I'm hoping someone can help me. Tonight I've received an email telling me that my minded child is being withdrawn from my care with immediate effect, because they aren't happy with various things. I can't exactly say it's a surprise but it's still made me cross.

Anyway, the original deposit which I took to be used against final month's care was used at the beginning due to a "misunderstanding". I let it ride as she was my first parent and I wanted to be reasonable. From the beginning she has also been telling me she would be using vouchers and these have never appeared so billing has been somewhat ad-hoc, although I have been paid up to date. Also to consider is the fact that our contracts meeting was very disturbed (she was on the phone and child was being super clingy so I didn't have her full attention and she had to leave for school pick up) and so I filled in the payments bit on the NCMA contracts and left her to fill in the times at home, at which point she added 15 minutes a day without consulting me, so I charged an extra half hour. The problem is I never got round to doing another fees part of the contract so the figures don't tally although I have been charging the same hourly rate.

So what do I do and where do I stand? I've learnt a lot from this one experience but am really cross that she's trying to get out of paying me after all the messing around she's done and I've put up with. Do I reply to her email asking if he will be attending for his 4 week notice period in which case she owes me £x (whatever it would be) and if he won't be attending she owes me £x (whatever it would work out at on the contract terms)? It will be just over £300 whichever way so I would be covered with NCMA legal help wouldn't I?

ARGH!

Any help appreciated, thanks.

Hi

Sorry to hear you are having problems, personally I would not text or email but hand deliver a letter to the house. If you do not get a response to the email I would suggest dropping a letter through their letter box.

Good luck

Cx

[miffy]

It doesn't sound to me as if they have any intention of paying the notice period since they have withdrawn the child from your care with immediate effect "because they aren't happy with various things"

From now on you need to get everything in writing and keep copies of anything you send to them in case you need to pursue this through the small claims court.

I wouldn't reply by text or e-mail either - send a letter recorded delivery or personally hand deliver it so you know they have received it.

I'd also ring your insurer's for advice so you make sure you do everything properly in case it goes to court.

Miffy xx

[MRSHT]

Hello,
Just thought I'd update.
They responded to my nice polite email with all the reasons they were terminating, ironically enough having told me it was for the childs wellbeing not one reason related to his care. They also claimed I was in breach of contract by adding money to his fees to cover time they had added.

Anyway I didn't respond to that but rang the NCMA legal line who told me how to proceed with regards to sending a final demand then going back to them as the contract is valid.

Tonight I have got in from a hectic day to find she's reported me to Ofsted. I'm not quite sure what I do now? Is there anyone available even at weekends to talk about this with? Even my assessor for my certificate in children and young peoples workforce told me they were absolutely rubbish reasons to give and I should pursue the matter. Have they just reported me to try and stop me claiming the notice fees?

If you could all help me again I'd be grateful, not sure why everything is always so blimming complicated.
Thank you!

[Alibali]

Oh dear, this thing is all too common, complaining to Ofsted to get out of paying. Ofsted can usually see this and they don't enter into contractual disputes. What a horrible experience for you x

[The Juggler]

oh hon how awful for you - people are so awful when they don't want to pay. Listen we all have a complaints procedure in place if they have issues with care. This parent not only want to pay the notice period but is quibbling over paying for the extra 1/4 hour she used

Ofsted will see through this hon so go for it and get your fees back. If she is this sort of person most parents locally will see through it so don't worry.

Let us know how you get on.

[MRSHT]

Well I've just written an absolutely kick bum 5 page letter in reply and feel much much better for getting it all off my chest. Maybe she's done me a favour! If I was a therapy type person she'd have saved me a fortune.

Thank you for your replies ladies. They helped me feel much calmer. I'm going to give it some more time then will go back through my letter and tidy it up but I'm happy that it will answer the concerns and then some.

Thank you again!