re. Childminder retainer agreement

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My DD's goes to a lovely CM 2 fixed days pw plus a Tuesday every other week to fit in with my working pattern. As the Tues is only fortnightly I came to agreement that I would pay the CM a retainer of £13 for the Tuesdays that my DD is not there. This was because it meant that she would not be able to find someone also wanting alternate Tues, and also so that I would have the flexibility of using that day when needed to work extra days at work when required or if I upped my hours on a permanent basis.

So far on the odd occasion I have needed to utilise the spare Tues, it is has been fine and I have paid the extra to make it up to a full day's rate. However, when I told her that I would need my DD to go to her tomorrow as I was needed at work last minute she said she had no room (even for a half day) as she had a couple of new starters that she had booked in for settling sessions. This has left me with a real problem at work. AIBU to feel this is unreasonable even though I only informed her the day before I needed the Tues?

YANBU. You are paying a retainer for her to retain the place - for you!

You shouldn't be paying her a retainer for childcare that isn't available. She should have told you if she want happy with the agreement and not just kept taking your money for something she couldn't supply.

Agreed. If its a retainer she has to be able to honour that if she is going to take your ££.

YANBU

Yes this is totally unreasonable. I am a CM and dont take retainers for this very same reason, you never know when someone might turn up to fill the gap. Look at your contract and call the SCMA/NCMA for advice. If she is taking the retainer but doesn't keep the space free you are entitled to full refund, pretty sure this is unlawful. I would also report her to care commission/whatever you have in England. This is not on. She should have given you 4 weeks notice that your retainer was no longer viable.

Looks like she needs to rearrange the settling in sessions doesn't it! Does she actually understand what the retainer means?

Thanks - perhaps I was niave in not getting somethingthing set out formally about what the £13 is actually for. Perhaps she is thinking it just so I have 'first dibs' on the extra day if I need it on a permanent basis. I am normally very assertive but don't want to rock the boat as in every other sense she is practically perfect!