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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:
fedupofnamechanging · 04/09/2011 21:22

Are there any CM's here who would ring ncma and ask if a contract is nullified if the CM moves and doesn't give proper written notice, given that ncma will only talk to members?

Original poster
stormers · 04/09/2011 21:27

our CM bought new house. our CM can collect DC and offered to continue as usual from new address 5 miles from us, we keep talking this over and reading the text she sent end of august to confirm new address. and the emails we sent her to say we have to make other arrangements. and its driving us stir crazy! will call ACAS tomorrow / home insurance .thanks everyone

OP posts:
MollieO · 04/09/2011 21:41

You may have legal cover on your household insurance so you could check. I would expect the place childcare is provided to be a condition of the contract. Breach of that condition would lead to frustration of the contract and fundamental breach. The fact that she has moved to a different address means she cannot provide childcare at the address stated in the contract. You could potentially claim damages for breach of contract.

IwishIwasmoreorganised · 04/09/2011 21:41

I feel your pain stomers.

Our CM (supposedly only) decided last weekend, and told us on Tuesday that she was going to retire but would keep our dc on until we'd made alternative arrangements. Her next sentance was that her registration would expire the next day leaving her unregistered and uninsured Shock

The last week has been frantic trying to find a suitable alternative at short notice when the rest of the country all seem to be sorted ready for the start of the next academic year.

It seems pointless trying to get any sort of compensation and her reputation no longer matters as she's retiring.

In your position, there's absolutely no way I would be paying your old CM a penny. Hopefully you've managed to sort out alternative childcare, but I would visit the CAB to see what your legal position is and also inform the NMCA and Ofsted about her move and the way that she's treated you.

niceguy2 · 04/09/2011 22:12

Another one who says don't pay and just politely but firmly explain that as far as you are concerned, she broke the terms of the contract.

Firstly I had a quick peek at the NCMA website and it appears even if she does aggressively pursue this matter (and that's unlikely), she's not covered for the first £1500 of any legal fees. So that sum is likely to sting a bit given it's hardly clear cut you need to still give notice.

Secondly I'd drop a few hints that as far as you are concerned, she broke the terms of the contract....therefore you have grounds to claim against her for the loss of earnings, time spent and inconvenience of having to take time off work & find alternate arrangements at such short notice. Of course this is about as hollow as her threat to claim against you but there you go. What's good enough for the goose is good enough for the gander.

The chances of her doing anything more than a few snottograms is extremely remote.

cat64 · 04/09/2011 23:48

This reply has been deleted

Message withdrawn

hayleysd · 05/09/2011 07:08

Are you 100% sure the text was sent at the end of aug? Was your phone on while you were away? I only ask as when we got back from holidays I turned my phone on and the date and time of the texts was when I switched my phone back on, she may have thought this was the best way to contact you as there was no point writing to your address as you weren't there? Not trying to justify what she's done but she may claim in her defence that she told you earlier than you think she text.

HSMM · 05/09/2011 07:45

I am a CM. Ofsted won't be interested in a contract dispute and as long as she has informed them she can mind from the new house.

If your contract has her old address on then she has changed the conditions and you don't have to pay.

VivaLeBeaver · 05/09/2011 08:00

Just don't pay her. Even if she took you to a small claims court the judge would laugh it out of court. She should have given you a minimum of 4 weeks notice of moving.

Original poster
stormers · 05/09/2011 17:11

thanks everyone-the outcome is that we will pay half £xxx for sept. BECAUSE:
In July when she told us she might move - we said that we will look for other arrangements and if we dont find anyone 'down the line' then we will contact her, because nowhere did we state that we are 'terminating her services' - she mistook this for saving a space for us! we didn't know when/where she would move in July, as there was problems with the mortgages etc.
until we got her text message - end august confirming address and asking if we still needed a childminder! As according to CM it doesnt state on her NCMA contract that she has to give 4 weeks notice of new address!?
this has been a terrible experience with nowhere to turn so thanks for all your advice.

OP posts:
Takitezee · 05/09/2011 17:21

Sorry but I think you're mad. It is your money however.

LovelyCuppa · 05/09/2011 17:23

grggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggx gkvi vlv c hy

Original poster
stormers · 05/09/2011 17:25

yes we like throwing money round! seriously- does anyone know if according to NCMA contract CM have to give 4 weeks notice in writing of moving address? we have been talking this til the cows come home! apparently CM can terminate immediately and we still have to pay CM!
the NCMA contract is ifo CM?

OP posts:
LovelyCuppa · 05/09/2011 17:28

Sorry DS got the laptop. Although considering he is only 2 he's actually managed to type almost exactly what I said. You are mad!

The NCMA are not the law. They are a body for childminders. Not parents. You have been given advice on the law and choose to ignore it based on what an organisation that does not work for you, that does not represent you and that will not speak to you has apparently said to your childminder. The same childminder who moved without telling you.

Come on woman! Buck up!

knittedbreast · 05/09/2011 17:28

if she didnt know she would get the house then i think you shold pay up, especially since she told yo of the area she was looking to move too. had she not taken this house but moved to the same area yo would have found alternative childcare anyway.

annoying maybe but she gave you all the info she could, ie, i want to move here, cant tell if itl happen because its a reposession etc...

KirstyJC · 05/09/2011 17:31

Have you asked her if she has her certificate from ofsted and her insurance? If not then she CANNOT legally childmind so cannot charge you.

Please don't pay her, she's taking the piss. Let her take you to court if she wants - she wouldn't stand a chance and she knows it.

missmalteser · 05/09/2011 17:43

I really feel your pain here we also had a nightmare with our cm when she decided to pop off on a last minute fortnights holiday leaving us high and dry, we had the same contract wrangles and have actually had to get solicitors involved, I have said I would rather burn the cash then pay it to her after all the hassle that's been caused by her as it's now a matter of principal, but I would go against advice and say get a solicitors letter sent out and nip this in the bud ASAP as if she knows you mean business and aren't a pushover she's less likely to push her luck. I hope you get it sorted!

ShoutyHamster · 05/09/2011 17:54

You're mad. You don't owe her anything. She has treated you appallingly.

If you do pay, make sure you never use her again, because you have now given her the impression that she can absolutely bugger you around and you will just sit and take it! - and I wouldn't want that dynamic with someone looking after my children.

SiamoFottuti · 05/09/2011 18:00

honestly you need to chill out. You are mad to have paid her anything, but more mad to be making such a big deal out of this. She moved, you didn't need to pay her anything. What was she going to do about it anyway?

Mountains and molehills spring to mind.

PuppyMonkey · 05/09/2011 18:18

Ooh get you siamo... Nothing irks you ever I take it?GrinHmm

hayleysd · 05/09/2011 18:30

Have a look at the small print on the back of your contract, it might say there, mine are new updated ones so might be different will dig an old one out at some point if I get chance

griphook · 05/09/2011 18:35

ofsted won't get involved in regard to money, but would be very interested I the fact that her certiifcate is unlikely to match her new address, which is illegal unless they were very quick.

you could ring Ofsted and ask them if she has changed her address, and if she hasn't she will be childminding illegally and her insurance would be invaild so therefore she is breaking the contract.

SiamoFottuti · 05/09/2011 18:53

Not much really. Certainly I wouldn't be looking for lawyers or having weeks of sleepless nights over somehting as simple as this.

Triggles · 05/09/2011 18:54

I'm still wondering if a text is an acceptable method of notification from the CM. Surely it should be in writing?

Gonzo33 · 05/09/2011 18:55

Is she registered at the new address.

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