Childminder issue

@underneaththeash.
This is normally the quietest time for enquiries even without Covid people put off looking until the new year. They don't want to settle a baby then stop over Christmas and start again even if they are in the mood to think about work. Generally the phone may start ringing second week of Jan for a feb start and with Covid who knows as there will likely be redundancy at Christmas time. Then of course the cm may have had calls when she thought she had this client so will have proof shes turned away which if she were holding a space open could mean shes already lost money in not dumping this client and starting a month or two earlier.

@jannier yes, but only if she doesn’t fill the space.

@underneaththeash.
Would be easy to show loss of earnings...and very real

Pressed return too soon while trying to edit!

Why do you think this isn't the case for childcare deposits?
A childminder is able to demonstrate how withdrawal from a contract impacts business: filling a place can take months, especially in this climate.

Why do yochildminder is easily able to demonstrate how pulling out of a contract has incu

PP are not correct unfortunately,

Businesses are only allowed to keep deposits to cover losses, so she could only retain the amount if she was unable to fill the place or she could retain some of the deposit to cover advertising costs for example - and then only if she'd made it clear in the contract that that's what would happen.

www.gov.uk/government/publications/cancelling-goods-or-services-guide-for-consumers/cancelling-goods-or-services

Contracts can never overrule the statute law.

Jannier and I were replying to the post by R0ss that has now been withdrawn.

@R0ss.
That sounds really difficult for you did she not provide more details at hand over?
Its not unusual for children of this age to hit sometimes in frustration. Some will be more towards adults when told no or not coming across boundaries others will be more with children over toys etc...so this maybe why you don't see much at home. Is it always your husband who picks up? Could he have not passed on all details or not responded to the childminder in a way that showed he was concerned and willing to work with her? Some people can falsley give the impression its no big deal and seem to shrug it off often through embarrassment or not knowing what to say so it could be more around the childminder feeling that your not working in the same direction....do you normally communicate face to face, by text or verbally?
The cm can give you notice at any time and doesn't have to give a reason but contractually must give the right notice unless there has been a serious breach of terms or breakdown hence why she is giving the month. Her wording of not safe to be around sounds a bit extreme did she give you details of what had happened? I've had a two year old who would try to push over highchairs (another child sat in) and would throw large heavy items in temper needing to be physically restrained until they calmed down for everyone's safety, which was only possible as I dont work on my own.

Any childcarer should be able to deal with this and it's surprising that the childminder's message has changed so abruptly. If your child is such a danger, he should be removed immediately.
I strongly suspect that something else has happened and the hitting is being used as an excuse to terminate.

What can you do?

Regarding the childminder, I think there is now a breakdown in trust between you. You could ask her what has prompted this and you can point out that he can't be that much of a danger if she's prepared to keep him for another month. I'm not convinced you'll get a satisfactory answer, though. Nor would I recommend trying to change her mind: it rarely works out in the long run, even if the childcarer is persuaded to rescind notice, because of that loss of trust between you.

For your child, the best thing to do is to immediately find an alternative. Your child really won't remember this and he'll quickly settle down elsewhere.
It is difficult to be given notice: it feels like a rejection of your child and of you and it can feel incredibly hurtful.
It's been a terrible shock, but try not to take it personally.

In your shoes, if I was unable to think of any other reason why I should have been given notice, I'd take the view that it simply wasn't the right place for my child and I'd find a decent alternative for childcare.
Are you able to terminate early? If you can, without being liable for fees, I'd do so, citing the "danger" aspect. You need to check your contract and discuss this with the childminder if it's an option for you.

4 months isn't that long to fill as space especially with Christmas in between. September is the main time to fill spaces with children starting settling 6 to 8 weeks before once you hit the end of September parents in the main are putting off looking until the new year if she has a space that could easily mean it won't be filled for 2 or 3 months

Deposits are non refundable

www.gov.uk/government/publications/cancelling-goods-or-services-guide-for-consumers/cancelling-goods-or-services

I had a quick look at this and on the surface of it I would say because you have given so much notice the childminder wouldn't be able to argue that she won't be able to fill the place so you should be able to get your deposit back.

What are your plans now after no. 2? You obviously picked this child minder for a reason and are you likely to need her in the future or is there a wealth of childcare options in your area? You could ask to move the deposit for the two places you'll need in the future as a possible compromise.

Appreciate the notice you've given her but a deposit is usually non refundable

I signed DD up to a before and after school childminder before Covid hit. I'm now pregnant and my work is now likely to be WFH 75% of the week forever so I could do school pick up and drop off.

As my maternity leave is rubbish - only 18 weeks we've decided to keep sending her to the childminder. Routine being one reason and also at some point I will have work meetings to go to so will need some childcare. I'd rather pay and have the place confirmed even if the odd day I decide to pick her up myself from school

I think the bigger issue here is that you've paid a deposit for something with no contract of what you've paid for.
I can't see you getting the money back due to that alone.

Deposits aren’t usually refundable so surely the default is to assume it isn’t, unless there is another agreement in place.

You don't need a fully signed contract to take a deposit - an agreement such as an email saying "I require a £300 deposit to hold your place" is sufficient.

Why did you send a deposit without a signed contract? What do you have in writing? At the moment you have just sent a random person money, nothing more.

It was a deposit! She’s right, you’re wrong.

That's kind of the point of a deposit - that it's not refundable if you just change your mind.

However, as there's no contract then I'd expect a refund. If she's taken your money, you should have had a contract outlining her refund (or not) policy

May want to check the definition of a deposit OP- she’s perfectly right

I am sorry you feel it’s a ridiculous but that’s the way deposits work just like if you were buying a car, booking a holiday the deposit would be lost as you have changed YOUR mind. Deposits are a paid to secure a service and in childcare to save that place for your child so the childminder or nursery does not continue to advertise the space or give it to some else. She would have turned away other families thinking she has now filled the space so your deposit now covers her lost income and re advertising costs.

If you haven't signed a contract you haven't signed to a certain notice period or that the deposit was non refundable. I would expect it back, and I would expect the same from a nursery. They are taking the piss. 4 months is loads. They can easily fill that slot.

What did you think the deposit was for?