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Original poster

Paying Childcare notice period after safe guarding

38 replies

Luce464 · 30/10/2021 14:54

Please help!

So basically my 3 year old daughter has been to one childminder since she was 8 months old. Now my 1 year old son also goes there along with my daughter, well up until 2 weeks ago. My daughter made a very disturbing allegation against her 11 year old son who's autistic and home schooled ( no parent wants to hear that from their 3 year old or any child for that matter).
So when I spoke to the childminder about it, she said she'll need to report it to ofsted and local authorities and obviously this will result me not having childcare anymore! This was done over phone call so have no proof that she said it.
Got a phone call a couple of days later from the local authority to ask me exactly what my daughter had told me and showed me, to then said they'll look into it and get back in contact and advised me to speak to my health visitor. The next day I spoke to my health visitor who was a confused why she hadn't been contacted about the situation so she went and spoke to them herself, she then phoned me the following day to tell me that they had closed the case. Obviously my partner and I weren't happy with this and can't understand why it hadn't been investigated further. My partner then phoned the local authority to ask questions why the case had been closed and they couldn't really say much for confidential reasons but also they didn't want to send someone round to speak to my daughter as this may upset her (totally understand that but as a parent all you want to do is protect your child but also find out why they hadn't done anything).
So we then reported it to the police as we was advised. Haven't heard anything back now for a week as I know these investigations could take time.
Anyway I received an email from that childminder today stating unpaid fees for 4 weeks notice. I thought hang on a moment she told me I now have no childcare in her setting and my child has been asulted and yet she still wants money out of me even though she knows this would of resulted me not being able to work due to no childcare, my stress levels are through the roof and I've got to find someone else to trust to look after my children. I spoke to citizens advice about the unpaid fees and they're saying I probably will have to pay her due to the contract agreement, surely this isn't right as my child was asulted by her son, 3 year olds can't make up a lie like that surely? it was so specific and she didn't understand it was something wrong! Please someone tell me where I stand as this is like living a nightmare literally

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Original poster
Luce464 · 30/10/2021 16:05

@Skysblue

The CAB guys sounds rubbish. Ignore him.

You had a contract with the childminder and you owe her money under it if she meets her contractual obligations the MOST important of which was to keep your child physically safe. She failed to do that so she, not you, first breached the contract. You ‘accepted her breach’ and the contract came to an end.

(Also, she can only get money out of you for a breach of contract claim if she takes you to court, in which case there will be public evidence on both sides including what her son is said to have done. Seems unlikely she will do that, especially as she would probably lose.)

I wouldn’t pay her a penny. I would send her a formal letter saying something like:

Dear x

I write further to your message of requesting that I pay you fees for the notice period of our contract. I was very surprised to receive your message.

Our childcare contract did not come to an end because of any notice from me. It came to an end because you failed in your legal duty to keep my child physically safe, which was a breach of contract by you, as well as a huge safeguarding issue which as you are aware has been reported to the police and other authorities.

Also, when I raised the matter with you, you said that you would not be providing any more childcare to me, a further breach of the contract.

The contract thus came to an end as a result of the breaches by you, and no further sums are due to you from me under the contract. Should you feel otherwise, you are of course free to commence legal proceedings in a court. Please note that should you choose to do that, I would bring a counterclaim for my lost earnings caused by your breaches of contract.

All rights are reserved, including the right for me to take legal proceedings against you without further notice to you, which may be for my lost earnings as well as your culpability for the assault on my daughter and negligence in that regard.

Regards,
OP.

Thank you for the letter template, will definitely be using that x
OP posts:
Original poster
Luce464 · 30/10/2021 16:02

@whattodotwittwoo

Op please do not pay! She ended the contract! Also please ensure the police investigate if you can. If she is a childminder - then I assume she has other children in her care? Were ofsted not concerned with that? Or the LA
I'm trying to make sure I don't. The police officer did seem a little confused as to why it hadn't been taken further so she said leave it with them for the time being. Haven't heard from ofsted, not sure if the LA are all connected with them and they would have already agreed with them not to take any further action, I really don't know, I'm so confused with it all. Also yes she has other children in her care, my two nieces were there also but have now been removed as they believe my daughter
OP posts:
Original poster
Luce464 · 30/10/2021 15:57

@Clementineapples

It all seems a bit odd that if it’s serious enough to take to the police the case was closed and nothing happened. Are you sure it wasn’t an accident? I just can’t comprehend how she, as a childminder, could get away with it.
No the police haven't closed the case as we reported it the day we found out that the local authorities had closed it as we were advised by LA that we could do that. I'm pretty sure it's to do with the lads autism, not that that's an excuse and I haven't got an issue with autistic people, my partners cousin is autistic and she knows right from wrong and my friends daughter is also the same. The thing is no one seen it happen as it was behind a curtain, but I keep saying why was it hidden if he didn't know it was wrong?? And surely if he didn't understand it was wrong he would of done it infront of everyone not knowing??
OP posts:
Original poster
Luce464 · 30/10/2021 15:48

@NeedAHoliday2021

My reply would be a lot shorter than above. Something like “are you serious?! Just to be clear, I won’t be paying and the allegation is now a police matter.”
I nearly did write something similar but managed to calm down and have a good think and try and find advice
OP posts:
Clementineapples · 30/10/2021 15:47

It all seems a bit odd that if it’s serious enough to take to the police the case was closed and nothing happened.
Are you sure it wasn’t an accident? I just can’t comprehend how she, as a childminder, could get away with it.

LadyMonicaBaddingham · 30/10/2021 15:46

@Skysblue

The CAB guys sounds rubbish. Ignore him.

You had a contract with the childminder and you owe her money under it if she meets her contractual obligations the MOST important of which was to keep your child physically safe. She failed to do that so she, not you, first breached the contract. You ‘accepted her breach’ and the contract came to an end.

(Also, she can only get money out of you for a breach of contract claim if she takes you to court, in which case there will be public evidence on both sides including what her son is said to have done. Seems unlikely she will do that, especially as she would probably lose.)

I wouldn’t pay her a penny. I would send her a formal letter saying something like:

Dear x

I write further to your message of requesting that I pay you fees for the notice period of our contract. I was very surprised to receive your message.

Our childcare contract did not come to an end because of any notice from me. It came to an end because you failed in your legal duty to keep my child physically safe, which was a breach of contract by you, as well as a huge safeguarding issue which as you are aware has been reported to the police and other authorities.

Also, when I raised the matter with you, you said that you would not be providing any more childcare to me, a further breach of the contract.

The contract thus came to an end as a result of the breaches by you, and no further sums are due to you from me under the contract. Should you feel otherwise, you are of course free to commence legal proceedings in a court. Please note that should you choose to do that, I would bring a counterclaim for my lost earnings caused by your breaches of contract.

All rights are reserved, including the right for me to take legal proceedings against you without further notice to you, which may be for my lost earnings as well as your culpability for the assault on my daughter and negligence in that regard.

Regards,
OP.

This is a really good message to send. Fill in all the dates, etc and send it as an email so you have a time-stamped record of it.
whattodotwittwoo · 30/10/2021 15:44

Op please do not pay! She ended the contract!
Also please ensure the police investigate if you can. If she is a childminder - then I assume she has other children in her care? Were ofsted not concerned with that? Or the LA

NeedAHoliday2021 · 30/10/2021 15:39

My reply would be a lot shorter than above. Something like “are you serious?! Just to be clear, I won’t be paying and the allegation is now a police matter.”

NeedAHoliday2021 · 30/10/2021 15:37

I wouldn’t pay. Surely she breached the contract by not keeping you dc safe?

Skysblue · 30/10/2021 15:31

Ps none of that is legal advice!!

Skysblue · 30/10/2021 15:30

The CAB guys sounds rubbish. Ignore him.

You had a contract with the childminder and you owe her money under it if she meets her contractual obligations the MOST important of which was to keep your child physically safe. She failed to do that so she, not you, first breached the contract. You ‘accepted her breach’ and the contract came to an end.

(Also, she can only get money out of you for a breach of contract claim if she takes you to court, in which case there will be public evidence on both sides including what her son is said to have done. Seems unlikely she will do that, especially as she would probably lose.)

I wouldn’t pay her a penny. I would send her a formal letter saying something like:

Dear x

I write further to your message of requesting that I pay you fees for the notice period of our contract. I was very surprised to receive your message.

Our childcare contract did not come to an end because of any notice from me. It came to an end because you failed in your legal duty to keep my child physically safe, which was a breach of contract by you, as well as a huge safeguarding issue which as you are aware has been reported to the police and other authorities.

Also, when I raised the matter with you, you said that you would not be providing any more childcare to me, a further breach of the contract.

The contract thus came to an end as a result of the breaches by you, and no further sums are due to you from me under the contract. Should you feel otherwise, you are of course free to commence legal proceedings in a court. Please note that should you choose to do that, I would bring a counterclaim for my lost earnings caused by your breaches of contract.

All rights are reserved, including the right for me to take legal proceedings against you without further notice to you, which may be for my lost earnings as well as your culpability for the assault on my daughter and negligence in that regard.

Regards,
OP.

Original poster
Luce464 · 30/10/2021 15:19

Tbf the guy at CAB did say he couldn't give me legal advice but just advice, but as she's still operatingand hasnt been suspended the contractual agreement should still be in place and he said that my children would of been able to go back after the case was closed, like wtf is he on something, who intheir right mind would send their children back to somewhere where it could happen again or worse.
I will be absolutely shocked if I do have to pay as its totally unfair on me and my family as now I'm going to have to pay double the amount of childcare on very little money as I haven't been able to work these past two weeks (I'm self employed).
We've spoken to the police about it so just got to wait it out and see what happens next, fingers crossed something will 🤞🏻
My DD seems ok and I've tried not to bring it up infront of her as I don't want her remembering if possible but she's very bright and always listening 🤦🏼‍♀️

OP posts:
BirdsBirdsBird · 30/10/2021 15:04

Not everything in a contract is necessarily legally valid. The people at CAB are usually well meaning volunteers and their advice is not always correct.

Personally I would not pay. I think you are quite correct to go to the police and I hope they investigate it throughly. Clearly the childminder is not providing the service so there is no reason to pay them. I hope your DD isn't too traumatised, this must be very hard to be going through.