There is a thread about this somewhere but not sure where, maybe do a search? I'm a childminder and couldn't afford to have to close and pay all the parents back but I guess I'd have to if it happened here I can't remember what other thoughts came back from the other thread.
I would charge full fee if ordered to close down. Mind you all mine are paid by full allowance of tax credits, if the parent was funding it fully themselves then I would go half and half if it was going to be a problem.
Perhaps this is a question that needs to be asked of the local council - it was their decision to close the childminding facility. The childminder had no choice but to comply (I expect she/he put up some fight, but EHO had already made the decision and would not go back on that).
Going against the grain here but I don't think I'd be happy to pay. A childminder is self employed, as am I and if I'm not available to work I'm not going to get paid, regardless of the reasons. Unless there is something in your contract that states otherwise of course.
Same here. We run an activity for children and hire schools. If we were ordered to close we would pay our staff and refund parents meaning the only people losing out would me me and dh as we are self employed.
I Am Not A Lawyer But as none of the mumsnet legal pack have answered this highly topical question yet and I do have some knowledge...
This is a matter between the individual parents and their childminder, the Local Authority EHO, NCMA or whoever cannot tell parents they have to pay.
Contracts that run to dozens of pages often include terms that deal with this situation (known as forcemajeure - French for 'superior force'), but your childminding contract probably doesn't.
So if the contract doesn't help, hopefully the parents and the childminder can agree on something which they are both happy with - lots of unexpected things come up from time to time which require a bit of give and take from both childminders and parents. As a parent I would probably agree that if it was only a couple of days, I would pay. If it was longer than that (so I had to take unpaid time off work), I would not expect to pay for all of it. But if this became a big issue for my lovely childminder, I would not want to wreck our relationship over it so if she didn't see it this way, I would probably back down.
If the parents and childminder cannot agree, ultimately it would be up to a court to decide what should happen. The court is likely to decide that if the contract is temporarily 'frustrated' because the childminder (through no fault of her own) cannot fulfil her side of the contract by looking after the mindees, the parents don't have to fulfil their side by paying her.
If, as a childminder, you are not happy with this being the default legal outcome, you have two choices:
Amend your contracts to say that you should still be paid if you are closed down under certian circumstances (this is not easy because if you are too generous to yourself the terms could be judged by a court to be unfair and therefore unenforceable).
Get insurance which will pay out if you are closed down in certain circumstances. This is called Business Interruption Insurance (or sometimes Loss of Revenue Insurance).
Hi, I'm a registered CM & I attende training on this subject last year...we were advised to have a policy which stated that should we have to close full fees are payable (all my parents sign to say that they have read, agree to & have received copies of all my policies & I have this added to my NCMA contracts)...NCMA also recommend this as they have a no loss of earnings stance. HTH