childminder taking me to court!

That's sound advice StillSquiffy.

You should prepare yourself for some of the difficult questions that will be asked should you refuse to pay:-

1. The CM says that you and she agreed a strict feeding regime and indeed she fully explained that on one occasion she kept your child at the table for 90 minutes and yet you continued to send your child to her. Is this true?
2. the CM maintains that you have never said a word to her about any concerns with regard to your child, and continued to send your child to her, and that it was only after you withdrew your child and she pointed out your legal obligations to pay notice that you made these claims against her. Is this true?
3. Do you have any corroborating evidence that you can produce in court other than that of your 6 year old child?

No matter how in the right you are morally, you will need to provide detailed answers ot these questions, otherwise it will be a she-said-he-said spat which will cost you both quite a lot in legal fees.

If you can answer these qns clearly in a way that would satisfy a court then go right ahead, but if you struggle then you do not have a strong case legally (morals don't come into it) and the stress, combined with the weight of a court case and uncertain outcome don't sound like much fun.

If however you do have ample evidence you could sue her for breach of contract arising from negligence, and put in a counter-claim for the costs you have incurred in getting additional child cover.

If it were me and I had little hard evidence of what has gone on I would send a cheque for up to half the amount owed along with a letter (all by registered post) saying that in the light of your complaints A,B and C (all listed in detail), you are no longer of the opinion that your child is being well cared for and that you are offering the enclosed in full and final settlement. Then if she banks the cheque it is all over.

Really all depends on the evidence here. do discuss with a solicitor but don't let them um and ah over the merits of the case whilst you rack up a bill of £400 or so before anything has even started.

I forgot to mention I pulled my kids out immediately and started a new contract with the new childminder that I was going to go with in 2 weeks anyway. I was lucky I had found a new CM at this time. There were other allegations made but I had a lot of trouble finding a childminder in our area. As soon as I found one I put my 4 weeks notice in immediately as I wanted to do it the right way, and made up a story as to why I wanted to move the children. I didn't want bad feeling between us as we live quite near each other. As soon as I found out that she had smacked the baby I was very concerned, and as a result she is now trying to bully me into paying her 2 weeks notice!

I am in exactly the same boat, I found out that the CM had smacked my 6 month old, 1 week into the CMs notice period. My 7 year old told me this, I thought it a was maybe just a tap and as I was already into the notice period I thought I would ride it out. I was very concerned as both of my kids were very unhappy. The next week my 7 year old again came home saying the CM had smacked the baby again, I rang the CM to get her side of the story, she was abusive, agressive and denied everything, I even asked if it was just a tap!!!! and whether my 7 year old could have misconstrued it!!
I have now had solicitors letters and threats to go to court unless I pay up. I reported the incidents to OFSTED immediately after our telephone conversation as my worst fears were confirmed. She is a nasty piece of work!! What can I say
DO NOT pay up CM's are there to care for and look after our children not terrorise them!!!
my 7 year old is terrified when she sees her out and about. CM's like that should be shut down immediately!!!

A lot of "she said she said" here, so I cannot comment on that part.

As other posters have pointed out, any safeguarding concerns should have been reported at the time of - or as soon as possible after - the incident(s). It sounds like the OP should have reported this childminder to OFSTED some time ago.

Waiting until there is a payment problem/issue to report the safeguarding incidents....

I have to agree with AvadaKedavra's comment.

Another poster wrote that "The court will deal only with the contractual issues, it is unlikely that any allegations will be taken into account, as they deal with the legal side."

This is misleading - the allegations are part of the 'legal side. If true, the childminder would have breached her contract (either express or implied term). This may mean that she is not entitled to be paid notice.

I would report the childminder. If OFSTED uphold the complaint, it is unlikely that a court would uphold her claim against you. (Also likely that her solicitor would advise her to drop the claim). I wouldn't use the threat to report her as a negotiating tool. I would just report and let someone else carry out the investigation.

entrigued what the other incidents were,and why you didnt remove there and then, esp if other mum was saying things as well

suprised you BOTH didnt remove your dc, is other mum still using the cm now?

Loving "kids don't lie" My big brother drew all over the walls and said "baby did it". (me, 3 months old, in cot. )

I dont understand why a parent would continue to send their child to a childminder they thought wasnt looking after their child properly or is it just me?

Theres also another mother who a while back told me she wanted to complain and take her own son out - she approached me to talk as she knew I sent my son there too, and she waas upset aobut things. I diddn't even know her before. For whatever reason she has now carried on sending her boy but some off the things she said made me listen more to my son as the two kids had told us both similar things.

obv the other mum didnt feel that worried or she wouldnt still be using her

Why didn't you report this CM at the time if you had concerns, concerns that you say another parent shared ? Why did you both continue to use the CM?

I really don't understand that.

Even if these concerns are true it just now looks like it's to maliciousness to avoid paying her.

I don't think this question has been asked but why have you not reported it to OFSTED. They do respond to complaints. (I had no child care for six weeks after a complaint was made to OFSTED).

They will ask you in court and you seem to be saying my complaint is serious enough to withdraw my child, to not pay you what I am obliged by contract to pay you but not worth complaining to the childminder's governing body.

ok salsabunny then report her and do as raven said. It's genuine concerns and other children are at risk as we speak.

I wouldnt pay someone for childcare who mistreated dc either.

Not even close to the same scale, but I wouldn't pay my mechanic if he broke something on my car or did a dodgy fix, contract or not

I think it's two separate issues, really.

If you have deepseated concerns about her care (not just differing strategies for managing behaviour) then you really must report it - otherwise someone else's child will be in the same boat.

As for the contract, I'd be tempted to sit tight. I'd be fully prepared to explain in court that I had felt I had no option but to remove my child immediately, that this has caused me huge inconvenience & expense - admittedly avoidable by allowing the CM to mind my dc during the notice period, but this was unacceptable to me because of the serious nature of my concerns, & that I'd attempted to resolve things amicably by offering half.

You might well find the CM decides it's not in her interests to pursue this.

I'd have paid her notice just to get her out of my life. It would have been worth it to me.

Salsa, again I ask, is he constipated or does he have a tooth cavity that night be giving him a tummy ache or putting him off eating

You say there are two times where she has lied about stuff,: if you change a few details (childrens ages by a bit, or boys instead of girls) can you tell us ?

Salsabunny, I'm not implying this is something you'd do, or that your complaint isn't justified!!

Starexpat.
I had a parent who didn't want to pay me 4 weeks notice. She stood at the end of my drive effing and literally screaming at me that I was money grasping bitch etc. for telling her that notice was needed. She said she'd "make up some shit" to tell OFSTED unless I let her off the money.
I stood my ground, sent the invoice, and lo and behold got an unannounced visit from OFSTED as someone had complained I was swearing and shouting at the children, making their child go without food and countless other ridiculous allegations.
I thankfully showed the inspector I was a normal nice person who cared about the children, but I had many a sleepless night and lots of tears until it was resolved.
There's a lot of very nasty people about.
The money involved was £200. hardly a life altering amount, but the complaint, and possible loss of license would have been to me.
Working alone, cm's are very vulnerable to a "my word against yours " situation