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Childminder breached contract

(48 Posts)
Gaeilge Sun 06-Oct-19 13:49:19

Need some advice please I have a PACEY contract with my childminder who suddenly terminated the contract without notice despite there being a 6 week clause in the contract.
She stated it was down to stress and said she couldn't do it anymore but I think it's because the council have received a complaint about her childminding.
What should I do in this instance who do I report this to?
I've already submitted a negative review on childcare.co.uk (which she asked my husband to remove strangely enough) just wondering where I should go to report the breach.
Any advice greatly appreciated.
Thanks.

OP’s posts: |
mumwon Sun 06-Oct-19 13:52:27

Did you do complaint? Did OFSTED/ss shut her down? Was it her neighbours complaint? these are relevant - ie Nurseries shut down suddenly because of OFSTED .

MrsMaiselsMuff Sun 06-Oct-19 13:54:02

You should find a new childminder. As frustrating as it is, the childminder has not become unwell on purpose. I wouldn't be trying to cause her more harm by leaving poor reviews and complaints.

emilyzbx Sun 06-Oct-19 13:57:05

I think you need to accept that she's chosen not to look after your child because she doesn't feel able to. Would you rather your child in someone's care for a further 6 weeks who mentally maybe not be able to look after her as good? Your daughters time compromised?

She's not being vindictive towards you, but you essentially want to make sure she never gets hired again if In the future she wants to?

Get your head out

misspiggy19 Sun 06-Oct-19 13:58:31

I imagine she’s saying she’s ill as a get out clause. I would ask the council for more information regarding the complaint. Something doesn’t add up.

LisaSimpsonsbff Sun 06-Oct-19 14:04:31

She stated it was down to stress and said she couldn't do it anymore but I think it's because the council have received a complaint about her childminding.

And in your ideal world, this woman - who either a) is too unwell to care for you child, or b) is about to be revealed as unfit or unsafe as a childminder - would be forced to look after your child for another six weeks? That's what you want to happen - that your child spends another six weeks who either can't or shouldn't be caring for her?

I realise that it must be really stressful to be left with no care at short notice, but don't you think your priorities are a bit off?

And I think pursuing and publicly shaming her is pretty nasty and vindictive. If you handed in your notice at work, effective immediately, because of stress, would you expect your employer to start publicly posting about it so that anyone else who might employ you would know?

ChildminderMum Sun 06-Oct-19 14:06:31

There's no one you can 'report' too - what outcome are you looking for? You could try taking her to court if you feel it's necessary.

Do you really want someone looking after your children for the next 6 weeks if they don't feel mentally well enough?

LolaSmiles Sun 06-Oct-19 14:10:55

And I think pursuing and publicly shaming her is pretty nasty and vindictive. If you handed in your notice at work, effective immediately, because of stress, would you expect your employer to start publicly posting about it so that anyone else who might employ you would know?
I agree. Going online to vent and complain seems quite nasty and vindictive.

LucieLucie Sun 06-Oct-19 14:11:41

@Gaeilge you sound awful.

This is an individual, a human being here. It's not a factory employee. She's told you she's become too ill and overwhelmed to continue.

Why on earth would you slap her down with negative reviews as well then seek further retribution??

Horrible, nasty and vindictive person you are.

Apple40 Sun 06-Oct-19 14:13:45

Wow so the poor lady is so stressed she can not continue to work yet you continue to harass her... places close down all the time with out notice sometimes over night ... e.g. nursery shut down as can’t afford to operate anymore or because Ofsted shut them down, Thomas cook . it’s not all about you how about show some compassion rather than stressing her out even more. What are you expecting to happen for her to change her mind and work whilst Ill to care for your children?

user1493413286 Sun 06-Oct-19 14:14:33

As long as you’ve got your deposit back I don’t think you should do anything more. She’s obviously going through a bad time and I don’t see how it would benefit you to do anything else.
I can imagine it’s really difficult to lose your childcare with no notice but it’s no benefit to you to pursue it.

hyperkatinka Sun 06-Oct-19 14:16:37

Either she's sick or is worried about the complaint, leave her alone, put all you renergy into a new placement. Stop being unkind - these things happen. I've had similar happen to me when I was on a one month rolling contract job and it wasn't her fault but clearly I was lucky not to lose that job.

LucieLucie Sun 06-Oct-19 14:17:16

What deposit!?hmm

The op made no mention of losing any money...

LisaSimpsonsbff Sun 06-Oct-19 14:19:12

I do think that people have this huge disconnect between how they think they should be treated as employees and their attitude towards anyone they employ - see also any thread on maternity rights for nannies, which are full of women (with children!) who are outraged that they have to be inconvenienced and potentially out of pocket because of another woman having a baby...

DH did this when our first childminder gave notice, and I was astonished (and a bit disappointed in him). She was lovely about it, gave lots of notice, but basically said she was really struggling to do the hours she was and so was giving notice to some of her mindees who she had for more hours so that she only had little ones during the day two days a week (DS went four days a week). It was sad for us - DS had developed a real bond with her and we liked her a lot - but my first feeling was sympathy; DH was cross! The real irony is that I had just changed job to get a better work-life balance, and had left my previous team in a bit of a mess when I did so, and that DH had been 100% 'don't feel at all guilty, it's just work, you have to do what's right for you and for our family, that's more important' - but he really struggled to see that the childminder was doing the exact same thing...

Lindy2 Sun 06-Oct-19 14:23:26

What do you want her to do? Are you expecting her to continue looking after your child, because it is convenient for you, even though she has said she is unable to?

Show some compassion and put your energies into finding new childcare.

You are not coming across well in this post.

NotMaryP0ppins Sun 06-Oct-19 14:31:49

Do you have any idea how many malicious complaints are made against childminders? People who don't want to pay notice or are annoyed we stick to our t&C's? It's incredibly stressful working on your own and being at the mercy of this.

I'm not surprised that she's giving notice, particularly if she suspects you or another parent made a complaint.

I've had a malicious complaint. The cow didn't want to pay her late fees (could have paid her bill on time bit apparently that was an unreasonable expectation) so made up a story that she'd seen me slap a child. I could easily prove it was a lie as she claimed to have seen this on a day I don't work and I was out having a lovely boozy lunch with friends but the stress while it's being investigated is horrendous. I can very close to saying sod it and closing.

LucieLucie Sun 06-Oct-19 14:33:55

@NotMaryP0ppins

I can empathise, but best not give the anti-Childminder army any more ideas on how to trample on cm's.

PrincessScarlett Sun 06-Oct-19 14:41:28

If there's been a complaint your CM may well have been closed down with immediate effect but in any event you need to follow the proper complaint process which should be outlined in your contract/cm policies.

In any event if your CM has closed due to her mental health then unfortunately there is not a great deal that you can do. Your CM is putting the children first (which she should be doing) as she is obviously not capable of caring for them properly.

I understand your anger but instead of complaining could you speak to your CM and ask if she has any back up care in place or can help you find other childcare before you start bad mouthing her to all and sundry.

LisaSimpsonsbff Sun 06-Oct-19 14:44:09

I understand your anger but instead of complaining could you speak to your CM and ask if she has any back up care in place or can help you find other childcare before you start bad mouthing her to all and sundry.

Realistically if the childminder has already asked OP to take down a bad review (and it seems the OP has refused?) then all those bridges are probably already burned.

Cohle Sun 06-Oct-19 14:46:18

So she's either ill or has had a complaint made about her services - either way why would you want to leave your child with her?

Have you been left out of pocket?

EveryFlightBeginsWithAFall Sun 06-Oct-19 14:47:35

So you don't know she's had a complaint made against her you just think it?

She could just be really unwell and unable to look after your child.

I understand it's really inconvenient for you but you sound quite spiteful

Starlight456 Sun 06-Oct-19 14:47:53

Ofsted have no interest in contracts.

I would suspect she feels unable to continue . Ideally you would of got more notice however I think you need to focus on new childcare

GeorgieTheGorgeousGoat Sun 06-Oct-19 14:50:48

What exactly are you trying to accomplish? Trample the woman tight on to the ground and ensure she never works again?

You sound vengeful and spiteful and I’m not surprised she’s stressed.

PrincessScarlett Sun 06-Oct-19 14:51:52

Agree LisaSimpson, I think the OP has burnt all her bridges but if she hadn't of then she could have tried working with her CM to find alternative childcare.

LovePoppy Sun 06-Oct-19 14:59:44

If a childminder quit with no notice, I’d be upset too
But what do you expect a contract to do?

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