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Original poster

Termination of contract

55 replies

Amanda1228 · 28/09/2018 04:22

Hi there, I’m new to this site so hope some of you can help me.

I currently have a contract with a childminder for my 4 year old daughter. When I started with this woman it was the first time she had ever been a childminder but had all the correct registration and certificates etc. But had worked in a school for a number of years so I thought great, this woman knows what she’s doing. Not to mention she had 3 kids of her own, lovely home etc.

However, I don’t feel the care which my daughter receives is what I was promised and to be honest I’m paying well over he odds for substandard care.
Firstly, she promised a healthy and well balanced diet - my daughter had had Frosties 80% just about every morning she has had her.
My daughter gets dragged along to pick up 2 kids from their home after I drop her off and to drop the childminders own child off at school every day (I know only about the own child when I signed the contract), also to pick them back up from school and drop the other kids at home at night also.
I pay for the childminder whilst my daughter is in school Nursery for 3 hours a day (I’m not sure why as obviously she isn’t in her care but apparently this is he norm?).
Whenever I’m online I see that the childminder is nearly always active on a watsapp while my daughter is in her care.
I was promised days out, baking, painting etc. But I frequently see ‘free play’ on her text she sends me at the end of the day stating what my daughter had been doing for the day. I’ll ask her what she’s been doing and she says watching tv.
The childminders son has frequent hospital appointments (maybe twice a month?) which my daughter also has to be taken along to (which I never knew would happen when signing contract).
The childminder then text me not long ago saying she wouldn’t be doing a ‘daily diary’ anymore as it takes up too much of her time - surely this is a statutory requirement? (Please note - this ‘daily diary’ is a text at the end of the day saying what my daughter has been doing - not what I would call a daily diary).
Finally, due to working away sometimes for my job I booked a week off meaning I did not require childcare (3 months in advance) and I was still charged - being told “I can take holidays where you don’t pay me, you can’t”.

I told her I would no longer be requiring her and would give 28 days notice. However, do you think this is fair grounds to terminate the contract with immediate effect and not have to pay for the 28 days? I don’t want my daughter there where I know she isn’t getting the care I was promised and to be honest which I expect from a childcare provider.

Thank you for listening.

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unlimiteddilutingjuice · 28/09/2018 06:05

You can terminate the contract with notice for any reason.
However, as PP have said, a lot of what you describe is normal.
Its standard to pay when on holiday and when child is at nursery. This is because childminders can't easily pick up other work to fill these times.
Going along on the school run and to occasional appointments is also normal. A childminder provides a "home like" environment and these experiences are part of a normal "home like" routine. Also-I wouldn't underestimate how interesting and stimulating these seemingly mundane experiences are to a small child.
That leaves the daily diary, the range of activities and the food. I think you should discuss these with your child minder and see what she says.

AJPTaylor · 28/09/2018 06:04

It sounds like having a childminder isnt for you. It is designed to provide a home from home environment. It sounds fine to me but if you are not happy then terminate but unless there is a nursery with a space or wrap around you might be stuck.

TheMonkeyMummy · 28/09/2018 05:58

Childminders do not provide a pay as you go service. You hold the spot and you pay for it, whether you book a week off or if the child is in nursery for three hours.

Re school pick ups and other children, again, very normal. Daily diary isn't normal. Free play is actually incredibly important, adult led play is not.

If you don't want her to have frosties for breakfast, just say so. It doesn't have to be a big deal.

To be honest, you sound like you are expecting your childminder to be your own private nanny, and that you don't value her services. A childminder is not your employer, she is self employed, running a childcare business and she provides a homely setting within her family unit. You should absolutely stick to the notice period. It's not the childminders faults that your expectations are off and you haven't talked your concerns through with her or given her the chance to make changes in accordance with your wishes.

Fatted · 28/09/2018 05:41

Having used a few different childminders over the years, you will find that things like the school runs you mention are the norm. Paying for the space at nursery is also the norm, but surely this was all explained to you when you signed up with her?

In all honesty, I think instead of terminating the contract you should be speaking with the childminder and voicing your concerns about things like breakfast, what activities she's doing etc. Like I said, a lot of things you're not happy about you will probably encounter at other childminders and you need to be able to speak to them about it.

woolduvet · 28/09/2018 05:31

She's not required to do a daily diary.
You are required to fulfil the contract terms you signed, 28 days notice.
None of the things you're unhappy with will form part of your contract and you'll find many chm may do the same.
Re hold, that will be in your contract.