Mumsnet Talk

Firstly a huge thank you to everyone who helped on my cm threads both in this section and in chat http://www.mumsnet.com/Talk/_chat/1650911-So-frustrated-about-changing-DS-childcare-DH-doesnt-think-we-should I got some great advice and feel I know what I am doing now.
However, our cm has a standard ncma contract and it says I have to give a 4 week notice period. now, it pains me that I have no choice but to leave him there until an alternative is found (I have no leave left and there is no-one else that can take him), I was hoping that once an alternative had been found we would be able to just terminate the contract as we have issues with her competency/neglect. There is no specific termination of contract clause just a 4 week notice period.
Has anyone had to do this before? can it be done? I just know that if I neglected to do my job properly I would be fired, no cushy paid 4 week notice period, so why would this be any different?

sorry forgot to convert link www.mumsnet.com/Talk/_chat/1650911-So-frustrated-about-changing-DS-childcare-DH-doesnt-think-we-should

I think that if you leave him there until you have found other childcare you will struggle to argue that the care was so poor that you couldnt serve out the notice period.

I know mellen I just really have no otherchoice

Have you given notice yet? If so how long do you have left to serve?

no, it all came to a bit of a head last night,I have thought about it so going to see a nursery on Monday, last nights pickup just made my resolve to do it a bit stronger, I just feel a bit up in the air at the moment. I would have to give a month.

I know a CM who was left with immediate effect but they still had to pay her. I'm sorry that's not very helpful.

You could leave but you would probably still have to pay because it's in the contract unless you could find a way around it.

I'm sorry about what is happening with your DS btw. Not changing him so that he gets nappy rash is absolutely disgusting! I would be heartbroken.

I had a nose around the ncma website and in their business pack it states that it may be appropriate to end a contract with immediate effect if the health and safety of the child is compromised...

I left a cm with immediate effect and didn't pay her because she had already broken her side of the contract by not providing DS with adequate levels of care.

I wrote to her to this effect detailing all the ways she had broken her side of the contract, and saying we were therefore no longer bound by its terms and would be removing DS from her care with immediate effect and without compensation.

I haven't read your other thread but if safety has been compromised surely you should report to Ofsted? This would also strengthen your case for terminating contract due to her not fulfilling her side of it.

If you leave your child with her while finding alternative care I don't think you'll have a leg to stand on. Can you take emergency unpaid parental leave?

bicnod already had to take the parental leave allowances we have to cover her time off/holidays this year and I physically have no one who could help.

I think in context that this is intended for a situation where a childminder feels obliged to stop caring for a child who is a danger to itself or others, such as a persistent biter or hitter.

I am sorry to hear that your DS has not been properly cared for, and certainly think failing to change a nappy sufficiently often warrants a complaint, or even justifies giving notice, but I doubt it would be seen as good reason to quit without notice without any evidence of any attempts to put this right. I haven't read all your previous threads, but if my child came home with a sore bottom a couple of times I would be having a word, and if it kept happening I'd write a written complaint and expect a written reply (as well as a rapid improvement in frequency of changes). Your childminder should have a complaints procedure, but most will move heaven and earth to avoid any minor concerns developing into formal complaints.

Incidentally, I think in most employment situations inadequate performance would result in a warning (or several) and that instant dismissal is quite uncommon. With a contract situation you have the option of giving notice without needing to provide any justification or evidence of poor practice, so I think your position is much stronger in that you can insist on improvement with the absoluate right to end the arrangement (after proper notice) if it is not to your liking.

Sorry x-posted. My first sentence refers to Filibear's findings on the NCMA site.

If you are that unhappy with the care provided leave immediately and take unpaid time off, until you sort out another form of childcare.

I read the other thread and can I just say that my nephew suffers from nappy rash and it doesn't matter how often you change him. Once the offending poo has been in contact with his skin it makes it sore
No neglect in his case just the way he reacts. Particularly bad when teething or after being given Calpol. Does she have permission to apply sudocreme?

With regards to tweeting - is it extreme or could it coincide with a break? I work 12 hour days some days and reserve the right to check my smartphone and have a brew!!! Or heaven forbid sit down and eat.

If I felt strongly enough about it I would remove my child. It is an awkward situation.

Sorry if I've missed out any key facts in the case. Just trying to put a different perspective on it.
Although there's no excuse for not changing nappies, if you know that to be true.

Sorry x posted with a fee

*few

minder it is a seriously sore bottom, persistent, we have tried to help her deal with this she doesn't. ds injures himself while in her care but she never knows how he has done it and yesterday at pick up her ds was trying to spray my ds with air freshener. I had to stop him she did nothing.
all this combined with now knowing she spends large portions of the day gossiping on twitter just really upsets me. but I guess I'm trapped.

Mary he never gets nappy rash at home. ever. and we supply all nappies wipes and creams but in his diary there are incidences of him being left in a nappy for 5 hours when I had discussed his awful nappy rash and asked that unless asleep could she please change every two hours. I totally agree she is more than entitled breaks in the day but it's a ridiculous amount of tweeting throughout the day.

oh and I only have an entitlement of 7 days paid and 7 days unpaid parental leave. I have already had to use those to cover time off.

Sorry it has not improved op. What happened yesterday?
I think you have no option but to remove ds and for you and dh to cover untol you find someone else as unpaid leave.you may be lucky and find another cm/nursery very quickly,you are looking at the right time of year!
Alternatively,you could leave him there until you find someone,making it extremely clear what you expect re nappy changing but then you would probably have to pay the notice period as you couldnt then say you feared for his health...
Its difficult,i know it seems unfair but cms have to have the noitice periiod in place or we would potentially have parents leaving all the time and leaving us without income.

X posts sorry, god, that is awful,she sounds like a lazy,neglectful cow! Withdraw him, write your concern.s in a letter to her and cforward it to ofsted an dont pay her.
Where are you op? Maybe one of us could cover? Xx

reet that's so sweet, thank you. I am in the north west. just going to disappear for a bit (don't worry, not flouncing, grocery shopping......) can I pm you when I get back?

What a shame,im not in your area but im sure others here are. You will find someone/somewhere lovely,dont worry x

Have you put your concerns in writing? She's obliged to answer those concerns and to deal with them. It also strengthens your case for removal of your child.
You should have more unpaid parental leave than that if you've been employed for a year, is it worth checking that? Is your husband entitled to it?

I think you have 3 options:

Give immediate notice and either find a place with another childminder or nursery, or use either your or your husband's emergency parental leave.
You do risk being chased for non-payment of notice period: that's fine if you can show you were justified.

Give 4 weeks notice now and find an alternative place, putting in a request for you or your husband to take unpaid parental leave to cover either a shortfall in childcare or settling in. You may want to put in a written complaint.

Carry on until you find a place. Put your complaint in writing, then give notice in the usual way once you have an alternative.

I don't think you can realistically terminate with immediate effect at a later date if you leave your child there now. Unless something happens to justify it, of course.

Can you find an alternative CM? For emergency care. I'd offer you my services but I'm in Yorkshire.

I agree frequency of nappy changing is unacceptable.

She must be stupid to think she can get away with that and the tweeting! Makes me cross.