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AIBU to not send my 4yr old back to this childminder??

(2 Posts)
m4dw1f3 Mon 07-Nov-16 10:18:34

my DD had been with an amazing cm from the age of 4 mths and started at a nursery in jan which was more local to her than to me. In July she gave me notice as she was going back to teaching so I had to find a new CM.

I work as a midwife so not set days but long days and nights so needed someone who could have her 8-9 and drop her off at school and pick her up at 11.45 until hubbie can collect her at 5.30.

over the summer holidays I found someone who was able to do this so signed up with her. so far things have been ok - was thoroughly spoilt with last CM so knew it would be a different arrangement but DD liked it and thought the lack of communication and frostiness was just teething problems.

new cm had 2 weks holiday over oct half term and on return i emailed her my next lot of work dates and paid her for the month and text her saying as i was off in the morning i would drop dd off if they would be ok to pick her up as arranged - no response to email or text so spent the hour around pick up time worrying that dd was going to be left and i'd get a call to collect but fortunately they did collect her.

on thursday i got a text from cm saying she had had issues with her phone and had i received a letter dated 6th oct stating she would not be able to take dd or collect dd from school for 4 weeks due to one of her staff having to have an op and recovery. i text back that no not had anything.
i text back asking for a copy of the letter, emailed asking for a copy and on friday asked one if her assistant to ask her to send me a copy - nothing!

ive arranged for dd to go back to a cm i used when my prev cm took her annual leave but she is unable to collect from this school so it means dd will have to stop going to nursery which I'm gutted about as the staff are lovely and she's made so many friends and coming on leaps and bounds. we were going to change schools come september as its not close to us and there are no childminders who pick up or after school clubs.

im off this week so im not sending dd back to the CM as im livid but I want the remaining fees back plus my deposit so i can pay this other cm.

i plan to send her an email/text/recorded post letter stating i am cancelling contract and require refund of fee's and deposit asap but think i'll probably have zero communication from her as ive had the past 5 days
where do i stand? can i complain to ofsted?

Allthebestnamesareused Mon 07-Nov-16 11:06:07

Is there anything in your contract about how much notice you need to give her to leave?

Even if there is you could argue that being unable to collect etc was a fundamental breach of contract and that you were treating it as repudiated (at an end) and ask for the money back. My guess is that she will ignore this and not refund you and your recourse will be through the small claims court if you want to take it that far.

I suspect there was not a letter sent on 6 October (which I assume is her way of trying to assert that she gave you 4 weeks' notice of the change).

I wouldn't send my child to someone who let me down like that and if you have got other childcare in place I would definitely use that. However it may be that you have to write off the amounts paid to her already unless you're ready for a fight.

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