Paid childminder full fees as retainer during COVID lock down, now tells us she is closing business

@todaythiscouldbe just because one parent has continued paying a retainer does not mean all of them did. I certainly wouldn't appreciate someone assuming my finances.

We don't know the childminders circumstances, it may be that she isn't closing out of choice but rather necessity.
By all means query the retainer, check contracts etc, but you cannot assume she was sitting pretty on full pay.
Especially considering she opened back up in June but the OP decided not to use her services.

OP do you or your partner had an Employee Assistance Programme through your work?

If you call them, you should be able to speak to a legal person about this for free.

Todaythiscouldbe the criteria for the self-employed income support scheme was 'business adversely affected due to covid'.

No mention of how serious the 'adversity' must be or whether it was financial adversity....

Crapster there was and is a furlough system in place for self-employed people. The first payment could be claimed in June which was 80% of an average of the last three years earnings as per tax return submitted, to cover April - June for businesses that had been adversely affected by CV19 (which hers obviously had).

She couldn't claim furlough as she will be self employed so presumably she claimed the self employed grant. That grant was for people whose income was affected by covid, if you and the other parents continue to pay full fees then her income was unaffected. Personally I would question that and suggest she may like to repay the 'retainer' you paid her.

You need to check the terms of your contract.

It might not be as simple as she's taking the mickey, you yourself have circumstances in your family that limit what you do. You have no idea really what's going on in her life.

If she was open in June and July but you chose not to send your children, then I do think you should pay for this I'm afraid. She was providing a service that you didn't take up.

Also, April was months ago. She did continue to provide her services when she re-opened so a retainer was appropriate.

You don't say if you've paid for August, I assume you have? If your contract says that either party can give notice of 4 weeks to end the contract, then I'm not sure what you can do, other than use the childcare places that you've paid for. If it's longer than 4 weeks, and many are 6 - 8 weeks, then you do have a case around getting you cash back for these weeks due to her breaching her contract.

What a pain. Hope that you can find alternative childcare.

She can't have claimed furlough if she's self employed which I assume she is as a childminder

But she's a cheeky cheekster for thinking she can keep a £2k retainer if she isn't reopening! Does she understand what a retainer even is ??

I think it's only really April you can contest because she was available and willing to provide a service in June and July that you didn't want. Was she closed in April?

Gosh that’s terrible. She probably also was claiming gov support so she defo needs to return your money, how sneaky and immoral.

so she's taken a retainer
she's given you less than a month notice?
check contract
I think she is taking the micky (ex childminder!)

Our childminder didn’t take any payment whilst closed. We have since transitioned to nursery as that was our plan fr wen I go back to work after maternity and they also didn’t charge during that time. I find it incredibly odd that they would charge based on my experience. However, when they opened in June I think if she was asking for payment then to hold a place, that’s Standard practice. Having said that nursery have not hated anyone at all even when opened but asked they confirm who is intending to return by a certain date so they can enrol other children. I think they’ve been incredibly reasonable in the circumstances.

What do your terms and conditions say?

Christ. Absolutely she should give you the money back.

It's completely different if she was still open and taking your child - your choice effectively to pay her to 'keep' her in business. But she can't just take your £2000k (plus however much off other parents) and then decide she's not doing it any more!

Probably enjoyed her time off on full pay too much!

To be honest if she was open and able to take your DC in June then I think it was fair to pay as otherwise she could have filled their spaces. I don’t think you should have had to pay for April and I’d be expecting that back.

Of course she needs to pay you back in full. You should not even have to ask.

I would tell her that as far as you were concerned the retainer bound her as well as you and you want the money back. Obviously you wouldn’t have paid her through lockdown had you known that she wouldn’t be there in September.

I agree. It was a Retainer and she is fulfilling her end.

If she claimed furlough too, i doubt it waS for one month, and id be reporting her.

I would tell her that as far as you were concerned the retainer bound her as well as you and you want the money back. Obviously you wouldn’t have paid her through lockdown had you known that she wouldn’t be there in September.
However I would imagine that others will say you should pay until the day she closes...