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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

childminder has moved house

123 replies

stormers · 04/09/2011 16:52

Our childminder recently moved five miles away while we were on holiday. When we returned, she confirmed her new address by text. We put it in writing that we had to find new arrangements, due to the distance to the new house. We have no objection using her at her old address which is close, and on the contract we signed and agreed to.
The NCMA contract states that if we terminate we must pay 4 weeks notice. However, it is because she has moved, we have not seen the new house. Do we have to pay 4 weeks notice as a result of her moving? Please advise.

OP posts:
WhereYouLeftIt · 04/09/2011 17:41

That is one hell of a fast housemoving from a standing start (mortgage uncertain etc.)

I think what I'm trying to say is that even though she'd mentioned she was looking, you couldn't have anticipated her actually moving in such short order. I agree with those who said she has broken the contract, not you.

PuppyMonkey · 04/09/2011 17:43

So, if she'd said she was thinking of moving several hundred miles away and then she went ahead, she'd still be expecting you to pay would she? Grin

Original poster
stormers · 04/09/2011 17:43

Not sure if house has been assessed. we have not seen the new property.

OP posts:
LynetteScavo · 04/09/2011 17:53

Until the house has been assessed, she won't be able to childmind (she won't have insurance).

At minimum, I would guess this would take two weeks. She will then need to get you to sign a new contract. So I'm guessing that legally, if she is no longer providing a service at her old address she it breaking the contract.

That said, would it not be easier to use her for the next four weeks, until you find a new childminder?

pigletmania · 04/09/2011 17:57

how does she know that it will be adequate for your child's needs Hmm. I doubt she would have had it inspected by the relevant people though, its been quite soon

Catslikehats · 04/09/2011 17:59

Even if the contract isn't explicit as to the premises, it is implicit within the terms that it relates to the premises that she did live at, that you had viewed and that Ofsted had assessed.

She has breached the terms of the contract and there is absolutely no way you should pay her.

Do you owe her money or do you pay in advance and thus need to be reimbursed?

WoofToYouTooLady · 04/09/2011 18:02

don't pay, IMO she has broken the contract by moving premises. Ofsted will need to recertificate her at her new address, so please inform them anyway

she can take you to small claims court if she wants; she won't have a leg to stand on

Original poster
stormers · 04/09/2011 18:03

We always pay in advance. We do not owe her anything. She is claiming 4 weeks notice for September.

OP posts:
trixymalixy · 04/09/2011 18:06

She is having a laugh!! Do not pay her any money. She has broken the terms of the contract and doesn't have a leg to stand on.

What a terribly unprofessional way for her to behave!!

Original poster
stormers · 04/09/2011 18:10

Do childminders need to notify parents of the new address in writing as we received a text end of August.
In terms of the NCMA contract must childminders give parents 4 weeks notice in writing of change of address or does notice only apply to parents.

OP posts:
pigletmania · 04/09/2011 18:23

well she obviously has not given you 4 weeks notice of her change of address so she has breached her contract in relation to that.

Andrewofgg · 04/09/2011 18:26

Don't even think about paying. She probably could not make you and she certainly won't try.

Takitezee · 04/09/2011 18:29

Wait until Tuesday and then phone and tell her that you have taken advice and have been told that she broke the contract by moving and you don't owe her anything.

She doesn't have to know where the advice came from.

HipHopOpotomus · 04/09/2011 18:32

I also think she terminated agmt by moving 5 mikes away. You could also argue you effectively gave her verbal notice when she told you she was moving, and you said if she did you wld need to find new CM.

Does your contract not provide details? If you have to give 4 weeks notice then presumably she does too and she should have given you 4 weeks notice of her move (which is a variation of a major and essential term of the contract).

I doubt she has a leg to stand on. I can't imagine my CM doing this. Good luck with finding fab new childcare.

Original poster
stormers · 04/09/2011 18:44

The standard NCMA contract states 'the childminder must give 6 weeks notice of when she takes holidays, and as much notice of other leave, in section 21'. It says period of notice to end contract - 'notice of termination must be given in writing and does not include holidays'- is this for parents or both CM / parents?
contract states 'if it is necessary to end agreement straight away then payment in lieu' must be given, which is what she is holding us against. in response to her text end of august we stated in writing that we had to make other arrangements, she accepted this and asked for £xxx for september! contract does not say anything about if CM moves away? maybe someone has an NCMA contract to check and clarify whether childminder has to put it in writing and the period of notice?

OP posts:
pigletmania · 04/09/2011 18:48

Mabey contact them and ask them! I am pretty sure she has broken the contract.

pigletmania · 04/09/2011 18:51

Your contract states that your CM provide care at her old address, well if she has moved she has broken that agreement and breached the contract.

pigletmania · 04/09/2011 18:52

its her old address on the contract as in your OP not her new one, so its no longer valid, a different once would probably be needed.

hayleysd · 04/09/2011 18:57

I am a Childminder, they wouldn't necessarily come out to inspect the new house, she would have to risk assess the new house and any areas of it and apply to ofsted to register at the new address, I applied to do overnight care a couple of weeks ago registering a bedroom I haven't previously used and had my new certificate 2 days later as I risk assessed it myself.

Ofsted are usually not interested in money matters but may be interested if she has not notified them of a move.

Hatesponge · 04/09/2011 19:02

Look, don't pay her a penny.

She has changed a fundamental term of the contract. She is not entitled to any money, she almost certainly knows that but is trying it on anyway.

Tell her you are not paying. She has moved, it is not just down the road (and frankly even if it was 5 houses away not 5 miles you would still need a new contract, she would need to arrange for house to be inspected etc) and she cannot compel you to pay. She will have to take you to court - and if she does (which I doubt) she will lose.

Does she mind any other children? Do you know whether they will be continuing with her?

SuePurblybilt · 04/09/2011 19:04

It sounds to me as if she is a LA tenant and applied for an exchange, to the repo property? If that is the case, I would bet that she has a ton of work to do before the house is ready for an Ofsted inspection. They're usually trashed.
I am assuming that's what she's done as I couldn't see a mortgate/move happening so fast?

SuePurblybilt · 04/09/2011 19:04

mortgage obviously. Fecking computer.

Original poster
stormers · 04/09/2011 19:20

unfortunately we dont have the answers for questions above, we havent been to new house, so not sure of details asked above i.e whether she informed ofsted/other children. we are seeking clarification on contract i.e does CM have to provide notice in writing of move? thank you

OP posts:
Catslikehats · 04/09/2011 19:23

Stormers it is not a matter of the CM giving notice, she cannot unilaterally change such a significant part of the contract without your explicit agreement.

By failng to obtain this she has breached the contract. Don't worry.

Alliwantisaroomsomewhere · 04/09/2011 19:31

Another one that says don't pay her!

OFSTED won't inspect the house, by the way. As PP said the CN has to risk assess and apply for new certificate. Without new cert her insurance is void so she will not be allowed to CM anyway.

Tell her you will not be paying her and she can whistle Dixy out her backside for it.