Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Flip

1 2 3 4 5

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:

aquashiv · 05/09/2011 19:09

As Gonzo is she registered can you see a copy of her insurance and a report from Ofsted to ensure her new house is fit to child mind from?

Is she renting does the landlord even know? I do not allow a business to run from any of my houses. This is not acceptable that you should be left in this position.
She has changed the terms of her contract not you, she has a duty of care to you and your child and she is not fulfilling her end of the deal.

I think she is trying her luck as she realises this is a way of getting some money from someone who wont challenge her.

catsareevil · 05/09/2011 19:11

I dont understand why you would pay her anything. She has moved without any proper notice, and then by saying that she misunderstood what you meant she has made you feel that you should pay her half???

hayleysd · 05/09/2011 20:19

They wouldn't give her a report to say it's fit to childmind from, they would just issue a new certificate but she would probably have to send in risk assessments but may not as long as she has them on file and they can be really quick, sometimes things are processed same day depending what it is and I can't see them leaving people without childcare for weeks while they process the new certificate

Original poster

stormers · 05/09/2011 20:34

we have nothing against the CM. We are also wondering about what happened and how things got so misunderstood with conversations verbally, on fbk and text! our polite way of cancelling' we are looking for other arrangements but down the line if we dont find anyone will contact you' - was misinterpreted by CM as 'will you keep a space'?

Will try to contact ofsted this week + let u know. but am sure this has been put in place as our CM does not waste any time!! e.g. can usually take months to move house!!!

OP posts:

trixymalixy · 05/09/2011 20:55

You are nuts to pay her anything!!

Text is not acceptable as a way of notifying you.

If she had moved 100 miles away would you still be paying her? No you wouldn't. But in effect there is no difference as 5 miles away is not possible for you.

takethisonehereforastart · 05/09/2011 21:23

Have you not tried the Citizens Advice?

Or is there anything on the Direct Gov website?

Don't just assume that she has her paperwork in place. It can't hurt you to check can it?

I'd make a Citizens Advice appointment ASAP and not pay her a penny or communicate with her in the meantime, especially not to discuss paying her in part or full.

MollieO · 05/09/2011 21:53

Your CM has stitched you up like a kipper. You shouldn't have paid her and if she tried to insist you could have pointed out that you were within your rights to sue her for breach of contract. There is no way that 'we are terminating your contract' can be misinterpreted as 'please could you keep a place for our dc'.

If you are planning to give more money away let me know and I shall PM my bank account details.

Original poster

stormers · 05/09/2011 22:03

we havent paid 2 weeks termination notice as yet.
thanks for all your support parents, we have now posted on the CM board for their side -as it seems to be the opposite of the parents views so far? will call ofsted 2moro.

OP posts:

Pedicuri · 05/09/2011 22:10

Coming a bit late to this, but what is the update?
Read with interest, as I was once a CM whilst biding time to set up a nursery, but this was about 5 years ago, so might be out of date.
OFSTED are the ones to check with - when I moved, I had to move mountains to ensure the parents and the childcare was not disrupted. The new house had to be inspected before I could operate, albeit just a safety based inspection, and not a full inspection. The insurance certificates also had to be updated. I was not allowed to operate (take money for ccare) until I had been cleared.
She broke the terms of her contract, as you did not agree to having your child cared for at that address. It is not convenient for you, and not what you signed the contract for. It is also poor communication on her behalf. I would not have paid and, though I have never used the small claims court, I would have written her a strongly worded letter outlining why I was not paying, why I would have expected professional written notice of the move, and on that basis - let her pursue me on the basis her actions would never be seen as reasonable.
The NCMA are simply a body for child minders, they produce contracts to save CMs having to write them for themselves. Fundamentally, she changed the terms of her contract.

Pedicuri · 05/09/2011 22:11

Cross post! We were typing at the same time!

Pedicuri · 05/09/2011 22:16

Oh, just thought. As she is being a 'stickler' for contracts, ask to have paper copies of the new inspection by OFSTED for the new house, and also ask if you can see a copy of her public liability insurance, both of which had to cover any time she was child minding from the new house. Just to check the dates. Nothing more! Because she should probably not have been operating without OFSTED approval or a valid insurance policy. Big deal breakers.

HSMM · 05/09/2011 23:03

I am a cm and I have already said on here that you shouldn't pay,so I won't respond on the other thread.

As long as you never told her that you might use her at another location then she has broken your contract, which I'm assuming has the minding address on it.

HSMM · 05/09/2011 23:06

The new house will almost certainly not be inspected by Ofsted immediately, but she should have a new certificate proving they know about the move

SouthernFriedTofu · 05/09/2011 23:12

Well you already told her that you would be leaving her if she moved. So she had notice, you would have told her formally if she had bothered to mention when she would be leaving I imagine. I wouldnt give her a penny

Teachermumof3 · 05/09/2011 23:20

Have you actually contacted the CAB?

You seem incredibly eager to throw your money away!

niceguy2 · 05/09/2011 23:31

Stormers. Like I said earlier, I think you would be fine not paying from a legal point of view. But I do understand there is a certain benefit in just paying half and splitting the difference. Basically aggro factor. But how much that aggro is worth to you is a personal decision.

Years ago I had a similar situation. I could go to court with my ex and try to save myself a couple of grand. Or just pay the silly bint off and move on with my life. I chose the latter. Glad I did it. So I do understand why you may feel it's easier to pay her off and be done with it.

But please don't believe what she's said about taking what you said the wrong way. She had plenty of time to clarify her understanding. I bet you would have if the shoe was on the other foot.

It's a business for her at the end of the day. But the downside for her and the upside for you is that as a business, it will cost her a fair bit to take you to the small claims court, no guarantees of winning and no way of claiming costs against you.

Ultimately though its up to you.

MollieO · 05/09/2011 23:34

Maybe you can only actually see me on this thread. Suggest you go and have a look in here if you don't believe what you are being told....

Catslikehats · 06/09/2011 06:40

stormers even if the NCMA did tell your CM that she was entitled to the money (and I sincerely doubt what she tells you is true) then they are wrong.

You have had a great deal of advice, both legal (I am a lawyer and I am aware of at least one other on this thread who has advised similar) and practical, both from parents who have used CM's and CM's themselves, although frankly why you would need it is not clear: problems don't get much more straight forward than this: The woman moved house!

I have to agree with Siamo on this - it is a non issue. Just don't pay. She can't make you. Really.

plupervert · 06/09/2011 09:39

The move is ridiculously fast, as well. I always have some sort of overlap when I move, to put a new place in order, and to clean and clear the old place. It costs more, but is an expense one just has to swallow.

She is being unreasonable for not providing overlap to get herself certificated and set up in the new place, and as she hasn't made even that effort, I can't see how she expects to provide genuine business (and insurance) continuity.

alibubbles · 06/09/2011 14:09

I haven't read the whole thread, but NCMA will speak to parents, the helpline is for all, and they advertise that in their information and parents page of Who Minds?

Change of address for insurance can be changed over the phone, it may get 2 weeks to get a new certificate, if it is NCMA, it could whenever they feel like it. ( not an NCMA fan, despite being a member for 25 years)

Chikdminders MUST advise Ofsted of any changes in their personal or business details within 14 days of the event. They may or may not visit depending on how long ago the last inspection was.

Contract states it remains in force until a new contract is agreed or until termination notice is satisfactorily completed. If a contract is terminated immediately payment in lieu of notice is due, by both sides.

alibubbles · 06/09/2011 14:14

As an aside, I sold and bought and moved in 2 weeks flat, I minded child came on moving day to the old house and was picked up from the new one! He loved it, thought it was all a great adventure, and helped him settle in really quickly.

I had lots of family help, I come from a service family so used to moving, and as my sister's husband is in the services she is used to moving and she made the main rooms look like home in hours.

Some of my families were on holiday when I moved. I also just phoned Ofsted and the insurance company after risk assessing which we do daily anyway.

SouthernFriedTofu · 06/09/2011 15:07

I hope you don't pay the 2 weeks notice, if she had moved form London to Newcastle would you still be expected to pay? She moved, I'd let her chase the money off me tbh, I doubt it will be worth it to her, in fact I have seen honest cm on here before miserable they can't chase up parents.

Catslikehats · 06/09/2011 17:19

alibubbles your comments do not take into account that the contract has been frustrated.

Flip

1 2 3 4 5