Can I claim loss of earnings from my CM?

Perhaps she is in hospital?

I can understand why you're so fed up, but I'd just let it go and move on - I think it's a load of hassle and I really doubt you'll succeed in your action. Obviously she's let you down very badly but I don't think you're going to get anywhere. All very strange though.

Op, what does the contract say about limiting liability and consequential loss? I suspect it has a clause stating the CM is not liable for consequential loss, which is loss of earnings. I'd think that was pretty standard or every parent would sue their CM for every illness/unavailability.

You have to pay to file the claim so there's a reasonable chance you'll just end up out of pocket.

What did you do for childcare when she was suspended? It sounds as if she was operating illegally as a cm if the care was not in her home. You need to ring or visit to find out what has happened.

I wouldn’t waste my time going through SCC, just put it down to experience and move on. Even if you win, if the CM hasn’t got the money then you won’t see it.

Have you tried calling her again? Lots of messaging, texting and social media, but have you actually picked up the phone and called her? Maybe try from someone else’s phone so she doesn’t recognise the number?

LIZS, that’s a good point.

Has the childminder actually refused to provide care?

This is just one of many gaps in the information provided by the OP: hence the speculation being employed in an attempt to answer the OP"s question.

Op. No one here can answer this, I'm surprised some people are attempting to.

You need to read her contract. Whatever it says in there is what will be applied by any court. Normally there is a clause that says there is no liability if the service is not provided or something.

Whatever you agreed to contractually tells you the answer to this question. People can't guess what you've agreed to.

Sounds like she thinks you may have been the person who reported her for whatever got her suspended.

Did you dp take your dd round to new address on Wednesday? Maybe the lack of confirmation reply was an oversight or went astray and she was still expected.

What the OP might do is make a claim for loss of earnings which might panic the childminder into passing the matter on to her insurer. The insurer will then decide whether it’s worth their time defending, or cheaper just to pay. If the claim isa small one, insurers sometimes pay out on cases they know they could win, because it’s cheaper than mounting a defence.

The contract, unless it is particularly badly drawn up, will limit the liability to the actual service provided.

This is not unlike claims against other service providers such as transport companies. If your train doesn’t run, you don’t have a right to claim loss of earnings or for wasted theatre tickets, or any other consequential losses, etc etc.

8@itsaboojum that's not correct, the point of a contract is to mitigate any losses (financial or otherwise) if the other party doesn't hold up to their side of the contract.
Contracts are pointless otherwise.

I find the circumstances intriguing and can’t help wondering if this might be a case of the childminder suffering domestic abuse.

If she had a partner who became violent, that would explain the 'personal reasons' and the Ofsted suspension (unsuitable person at the address) as well as the need to move, followed by Ofsted immediately lifting the suspension once she was operating from new premises. It could also explain the difficulties in contacting her: she’d probably change all her phones, email, FB, etc and be secretive with the address in order to shut out an abuser. I guess it could explain her rather odd behaviour too.

I suppose she might have smaller premises and be licensed for fewer children. If so, she could legally terminate the contract with immediate effect due to 'frustration of intent'. Or she might have changed her working hours and not be able to accommodate the new times you had previously hinted at, so assumed you didn’t want her?

Another possibility is that the contract only covered childcare services provided at the address shown on the contract. So maybe it became void once she had to move?

In any of these scenarios she still should have notified you. I’m not sure how likely or far-fetched these explanations are: I’m just looking at what might be possible, based on the minimal information given here.

Much will depend on the contract, but I doubt you could claim loss of earnings. You’re buying a childcare/education service and nothing more: it’s not linked to any benefits that accrue to you as a result of that service being available. The childminder gets no additional reward when you do work, so she doesn’t have to accept any risk when you don’t.

Loss of earnings represent a 'consequential loss' in legal terms, which is difficult to enforce. There’s unlikely to be provision for this in the contract. The childminder could still argue that you are responsible for making your own arrangements for her being unavailable: there being any number of reasons why she might close at short notice.

Yes, you can OP.
As a PP said, you can take her to small claims court - it’s very easy to file online and you can claim for any loss of earnings due to her breaching a contract.
It’s not within Ofsteds remit.

It's impossible to say breach of contract without knowing what the contract says!

Have you got ANY idea why she would have cut her ties with you and not the other parents? Can you ask the other parents for her address?

Why was she suspended OP? Ofsted may still be interested depending on the reason for suspension.

Bear in mind that you will only be successful is suing her if she's in a position to pay. Why do t you go round her new house to ask what's happening

If you have a written contract, what does that say?

@GeorgieTheGorgeousGoat thanks I didn’t know that.

Maybe trading standards then? Do they care about businesses breaching contracts?