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Help! NCMA contract terminated with immediate effect

(28 Posts)
BeccaBoo1801 Tue 16-Nov-10 15:47:26

Hi,

I have just withdrawn my son from our childminders care with immediate effect because she had shouted and sworn at him and then shut him in the kitchen alone after he retaliated when her son kicked him (he has a big bruise). My son is beside himslef about the whole thing and point blank refusing to return.

She is denying that she handled the situation badly and that she swore, and says she will take me to court for the 4 weeks notice...

Surely I won't be expected to pay when she is responsible for causing the situation? I am a singhle parent/ full time student and I just don't have the money to pay 2 carers for 4 weeks.

Does anybody know how this works please?

Thanks

BeccaBoo1801 Sat 29-Dec-12 16:38:49

I've just found this again and thought I would update for anyone that's interested or finds themselves in a similar situation!

OFSTED did visit the childminder following my complaint, although they stated that it was a general inspection and not an investigation into my report because of my son's age.

OFSTED did not find any problems and no further action was taken.

The childminder sought legal representation and I received a number of letters insisting that I pay. Having secured copies of policies etc, which I had not been provided with, I replied to those letters stating that, in accordance with our care contract, she was in breach. I did not take legal advice as I felt that breach was obvious but I made it clear that if she wished to continue down this route I would defend my position on the matter.

I received no further correspondence from the childminder or her solicitor....

Belated thanks for all of the advice you provided, and to commenters like Moogster, who made me all the more determined to stand my ground!! smile

MrAnchovy Sun 30-Dec-12 02:08:36

Thanks for coming back - I'd just like to say that virtually everything that other people posted in this thread was wrong, in case others refer to this thread.

In short, a simple breach of contract by one party (the childminder) does not allow the other party (the parent) to breach the contract by not giving notice BUT a breach that is so fundamental that it is unreasonable for the contract to continue may lead to instant termination.

In this situation no "proof" is needed, a court will decide the facts on the balance of evidence, considering whether it is reasonable for the parent to believe that the event occurred, and if it is whether it is reasonable for the parent to trust the childminder to provide an appropriate standard of care in future.

It sounds like the childminder was being advised by someone that understood all of this, so well done on standing your ground!

Justicequeen Mon 08-Apr-13 13:09:25

Well done BeccaBoo 1801! It's great to read this and very encouraging as I am about to embark on a similar course. My son was in the care of a childminder - quite new to the business - for a total of 15 days over a period of 3 months and my son was bitten by her daughter 4 times!! She has not provided me with accident / incident forms for some of those bites and claims not to have seen one of them happening as well. I terminated contract and refuse to send him back to be constantly bitten!! She is threatening to go to her insurance company to claim 8 weeks payment in lieu of notice from me! She also now refuses to discuss the matter with me anymore. I would love to know what claims you made in your letter responding to her solicitor so I can arm myself. I have bite mark photos etc. To my mind she has breached the contract in her duty of care towards my son. There is a clear conflict of interest as it is her child doing the biting too. Any advice would be fab please and thank you.

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