childminder has moved house

[stormers]

Our childminder recently moved five miles away while we were on holiday. When we returned, she confirmed her new address by text. We put it in writing that we had to find new arrangements, due to the distance to the new house. We have no objection using her at her old address which is close, and on the contract we signed and agreed to.
The NCMA contract states that if we terminate we must pay 4 weeks notice. However, it is because she has moved, we have not seen the new house. Do we have to pay 4 weeks notice as a result of her moving? Please advise.

[TheProvincialLady]

What a shoddy way to treat you and your child. She would have to take me to court to get that money, even if she was entitled to it (which I doubt as she didn't give you any notice).

[hocuspontas]

But why didn't you know she was moving?

[Takitezee]

That's shocking. I'm not an expert but if the contract says that she has agreed to provide childcare at her old address then she's the one that has broken the contract making it null and void.

[stormers]

she was not sure if she would get the house. We went on holiday and upon returning were informed of the new address.

[pigletmania]

I don't think that you should pay, she changed her address without giving you adequate warning, and is quite a distance away. You have not seen the new house, so it might not be adequate for your children's needs.

[stormers]

Does anyone know who to get advice from. NCMA do not want to talk to parents.

[pigletmania]

She changed the conditions of the contract so you should not have to pay.

[izzywhizzyletsgetbusy]

Has your childminder asked for money in lieu of notice or do you have reason to believe that will make such a request?

From what you have said, would seem that your childminder has broken the terms of the contract and it became null and void on the day she chose to move without giving you any prior notice of her intentions. In effect, she terminated the contract.

Didn't she even hint that she thinking of moving, looking for another house etc, in the months before she did the deed? Or could it be that she has gone to live with a relative in need/new partner etc? In any event this has no bearing on the contract between you which is now defunct.

[Takitezee]

Have you actually spoken to the childminder and she's said that she wants notice or are you just worrying at the moment?

[stormers]

We think we shouldnt pay her as she moved premises, however she is insisting that according to the contract section 2 i that we terminated she is due 4 weeks pay in lieu. the only reason we terminated was because she moved, and we were informed by text end of august of new address. we are still looking for childcare and schools are back tomorrow.

[DraculasMum]

You need to speak to ofsted they should be able to tell you where you will stand, you can also contact the early years team at your council they are there to help parents and childminders.

If she had told you she was moving and you were aware of where she was moving to then you would be liable to give and pay for the 4 weeks notice, however if she has moved and given you notice I don't think you should have to pay

[DraculasMum]

You need to speak to ofsted they should be able to tell you where you will stand, you can also contact the early years team at your council they are there to help parents and childminders.

If she had told you she was moving and you were aware of where she was moving to then you would be liable to give and pay for the 4 weeks notice, however if she has moved and given you notice I don't think you should have to pay

[Takitezee]

If the contract specifies that she is providing childcare at a certain address and she is not then she has broken the contract not you. I've never had a childminder but going from your op it sounds as though it does specify the address she is childminding from.

If it is specified then phone her and tell her that she has terminated the contract not you and you won't pay.

[stormers]

the childminder did hint she was looking for a house in the next town, we told her that if she is going to move we have to look for something else as it would be too far. None of this was confirmed in writing as she was unsure if/when she would get the house due to contract/mortgages. the new address was confirmed by text by her end of august, thats when we confirmed it was too far, in writing. Then she requested 4 weeks notice pay! who would be able to advise us? Ofsted?

[pigletmania]

stormers did she let you know that she was moving and where to? If not than you should not have to pay.

[ChristinedePizan]

Well if you told her that it was too far, then you made your position clear. She is the one that has changed the terms of the contract - the address the minding takes place at is part of the contract (looking at my dusty one here)

You might be better off posting this in CMs/nannies, OP - there are loads of CMs on there who will be able to advise and suspect they will all be in agreement that if anyone owes anyone four weeks notice, it's her owing the money to you.

[sugartongue]

Childminders have to register specific rooms in their house for use while they're caring for children - has she done this for the new house already? She won't even be available to care for your DC if she hasn't done this yet!

Also, I reckon the boot might actually be on the other foot - she has technically made herself unavailable to you and broken the terms of the contract leaving you without childcare - you take the view that she owes you compensation for the inconvenience caused! Suggest that to her and see whether she's still after 4 weeks pay...

[pigletmania]

You should not have to pay, as she changed the terms of the contract, which was care to be provided at the old address.

[pigletmania]

Her house will not have been assessed for suitability

[pigletmania]

Refuse to pay and contact your local council or Ofstead, they will be able to advise you.

[LovelyCuppa]

YANBU. Pay her no notice and send her a letter saying you're not paying because she's broken the terms of the contract. I would also point out she has caused you a massive inconvenience and potential financial loss as you have to find new childcare at very short notice.

Worst she can do is take you to small claims court but she's in the wrong. Keep details of everything including time and costs incurred finding new childcare, particularly lost earnings if any and if she sues you can use this evidence if you wanted to claim against her.

[stormers]

she said prior to start of hols the area that she was hoping to move to. but was unsure as the property she was looking at was a repossession and was not sure if she would get house. The address was only confirmed with us end of august. When she said she was looking at this area, we told her verbally if she moves we will not be able to travel that far.

[JarethTheGoblinKing]

Was going to ask if her house has even been assessed yet but piglet beat me to it :)

[pigletmania]

As somebody has said that she won't be able to childmind at her new house until its been assessed for suitability by Osfstead or whoever. By changing the terms of her contract she has made it null and void.