Is my childminder allowed to do this?

[Blueberry00]

Our childminder announced to all the parents today on WhatsApp that due to the new Omnicron variant and the new government guidelines a child who displays any corona symptoms, even if it is just a cough, has to stay at home for 10 days and take a lateral flow test every day.

Another parent pointed out to them that the government guidelines are actually that a child with covid symptoms like a cough can prove their negative corona status with a negative PCR test and then leave self isolation and return to the nursery/childminder. Also that children under 5 don't have to do daily lateral flow tests.

The childminder then just responded that those are just guidelines and that they can make their own rules.

To me and my husband it just seems like they are taking the piss by implementing these rules. To us, it looks like they want to have an easy January. Children have a little cough all the time, so it looks to us like they just want to send children home left, right and centre for 10 days all the while still receiving the full fees from the parents.

We are just wondering if the childminder is actually entitled to do this or if there are grounds for not paying them the full fees?

She can set her own rules, but you can give notice and find a replacement.

I'd be giving notice... I wouldn't be subjecting a preschool child to daily LFTs!

The childminder can set whatever rules she likes as long as it isn't discriminatory to someone's protected characteristics. You can choose to use her services or not.

That’s bonkers. She can set her own rules, but I’d be moving elsewhere.

Just find somewhere else.

Our contract with them runs out in June.

Are we still allowed to give them notice before our contract runs out?

If the children are at home rather than at the childminder’s, why would she need them to do lateral flows as well? Is she going to pop round to check them?

She can do what she likes. I work for local government and they are making their own rules up.

If they isolate for 10 days why daily lfts too? Essentially yes they can set rules but you should be able to give notice if it does not suit.

What does your contract say about giving notice?

@HeddaGarbled

If the children are at home rather than at the childminder’s, why would she need them to do lateral flows as well? Is she going to pop round to check them?

To us it just doesn't make sense. If she was really concerned about Corona, wouldn't she ask for a PCR Test?

It just seems to us all they care about is keeping the children away as long as possible, it's really not about if they have Covid or not.

I'm a childminder. We can set whatever rules we like re accepting unwell children, but cannot charge parents when we are sending home against government Covid guidance. Eg I had a sibling of a minded child test positive and said that the minded child needed to stay home (as was trying to avoid passing it on before Christmas) but refunded the fees paid as according to government guidance the minded child could still attend, even with a positive case at home.

That’s is so annoying, children have coughs and colds all the time, that way they would stay at home until the summer! The childminder can make up any rules she likes but you don’t have to accept those rules. I would ask her why is she is not following Governent guidance? Any other areas in her set up that she is not following gov guidelines? She is wrong anyway, If a child has symptoms (even if it’s “just a cough” which is an official symptom) they should be having a PCR and not lateral flows.

You should have been given a copy of your contract - you can ask them for another copy. You can give notice at any point during a contract but there will be a notice period- usually 4 weeks (not including holidays).

As this goes against the gov guidance I’d be looking to find a new arrangement.
Agree that it sounds like she is prepping you to have your child at home!
You can give notice in accordance with your contract (ours is 4 weeks).

@PotteringAlong

What does your contract say about giving notice?

I'm not sure, I have to check this.

To me it seems like they are in breech of contract with their new guidelines.

Essentially, even if a child stops coughing after 2 days, they would have to stay home for 10 days. So it looks like they are not providing the services we are paying for.

They're allowed to do it but they can't charge you for it! I would find somewhere else to send them.

Do you have the other parents contact details? Might be worth seeing what other parents are doing and work together as a group

Set up the same WhatsApp group, without her in it, and discuss options. You can all say you won't pay if she refuses to let children attend

@Arubaa

They're allowed to do it but they can't charge you for it! I would find somewhere else to send them.

They haven't said they won't charge us for it, so we can only assume we still have to pay the full fees

I'm also a childminder and yes she can set any rules she likes but this does seem a bit strange to me. Why not have a chat with her to check you've understood fully what she's saying. Your contract will tell you how much notice you need to give if you can't resolve the situation.

Bare in mind that childminders are in a very precarious position. If anyone in their household has to isolate they will have to close for 10 days and this will be unpaid. Many of us have already had to close a couple of times already which is why we may have rules that may seem OTT. I'm personally telling parents that children cannot attend if anyone in their household tests positive and a few of my clients aren't happy about it.

Please don't talk about your childcare provider behind their back. Your concerns are totally reasonable so be confident that it's ok for you to ask questions. Ask if you can meet or chat on the phone. Say that you are not clear on what her new policy means and ask her to explain it to you. Have your questions written down to prompt yourself and keep it neutral. Your childminder will have a reason for asking this and if you work together and are willing to try I'm sure they will listen to you and appreciate your honesty.

@yellowjellytot

I'm also a childminder and yes she can set any rules she likes but this does seem a bit strange to me. Why not have a chat with her to check you've understood fully what she's saying. Your contract will tell you how much notice you need to give if you can't resolve the situation.

Bare in mind that childminders are in a very precarious position. If anyone in their household has to isolate they will have to close for 10 days and this will be unpaid. Many of us have already had to close a couple of times already which is why we may have rules that may seem OTT. I'm personally telling parents that children cannot attend if anyone in their household tests positive and a few of my clients aren't happy about it.

But we would be willing to prove that our child doesn't have Corona with a PCR Test according to the government guidelines.

It seems like they're not interested in that though.

But we would be willing to prove that our child doesn't have Corona with a PCR Test according to the government guidelines.

It seems like they're not interested in that though.

Have you asked that question directly and has a direct No?

And have you then clarified if you’d be eligible for full fees or no fees in that scenario?

I think in a situation where nobody else in the family had tested positive and your child was having a PCR because they had symptoms there would be no reasonable reason for them to be excluded if that was negative.
If every child had to take a week off every time they got a cough or cold none of them would attend!