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Original poster

Can I claim loss of earnings from my CM?

35 replies

Dep1704 · 11/09/2019 22:03

My CM had recently been suspended by Ofsted.
She explained the reasons and we supported her.
My child was one of the first children she took on 2 years ago when moving to the area and prior to the suspension she was great. My LG loved her.

Anyway we were on holiday last week when my LG was due to return. The CM advised on 3rd September that the suspension had been lifted and back to normal.
I sent her a message congratulating her and she was already aware we may want to change the hours (to give more to the CM)
She told is to call her when we got back.

We arrived home Monday and called and text numerous times with no response.
We called an text tuesday again numerous times with no response.
I then texted another parent who advised her children have gone back to her and have settled in no problem.( as she has moved address, which she still hasn't forwarded to us)

I have since sent her messages via my partner's phone, facebook and email with still no response.

The CM was due to have my LG today as the first day back. My partner had to take the day off (he is self employed so has lost earnings)
We have now started looking for another CMbut until we find one we are happy with, we will both have to take time off of work (I have no holiday left so it will be unpaid).

So my questions are, if anyone has any experience of this kind

  1. can we claim loss of earnings?
  2. should we report this,if so who to?

She hasn't provided 4 weeks notice as per pur agreement but the biggest heartbreak is that my LG is asking for her and the friends she has made there.

Any advice would be greatly apprecited

OP posts:
lilypips · 12/09/2019 07:20

Well you can try, but as you can't even get her to respond yes unlikely she is going to hand you any money.

GeorgieTheGorgeousGoat · 12/09/2019 07:19

They won’t 8by8. It’s a contractual disputes which Ofsted do not get involved in.

8by8 · 12/09/2019 07:16

I’d report her to ofsted as she’s just disappeared without giving proper notice, that sounds like something they’d be interested in?

8by8 · 12/09/2019 07:15

She’s in breach of contract, so yes in principle you can sue her for your predictable losses.

Take a look at the small claims court, it’s straightforward and you won’t need a lawyer.

Bear in mind you have to “mitigate your losses” ie take all reasonable steps to reduce your financial loss, you’ll need to show that you’ve done all you reasonably can to find new childcare/adapt your working hours etc.

Lwmommy · 12/09/2019 07:11

She's been in contact with someone else who's child is there, surely they know the address.

GeorgieTheGorgeousGoat · 12/09/2019 07:07

How can she, she doesn’t know where she’s moved to?!

Lwmommy · 12/09/2019 07:06

Have you been round to her house?

MrsCollinssettled · 12/09/2019 07:05

My CM shut down mid way through a term giving 4 days notice. There wasn't any recompense. Fortunately all her clients were in the same boat and between us we sorted out cover so each family took it in turn to have the dcs. Ended up saving a fortune. Are you the only family affected?

CupoTeap · 12/09/2019 07:05

So she's moved and is now ignoyyou?

Starlight456 · 12/09/2019 06:53

Are you sure suspension has been lifted?

Ofsted have no interest in financial matters.

If it is like my contact you would have no claim as you simply don’t pay if I am not available.

That said she has behaved appallingly and would not want my child left with her.

I have taken children on next day on a couple of occasions for various reasons so would get your partner to get the list off county council website and phone round for availability

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