To not pay this childminding bill

[Ellie6578]

My one year old goes to a childminder 4 days a week whilst I'm working since October last year, I've had no issues so far.

My dd visits her dad for 2 weeks every 6 weeks, so she doesn't go to the childminder during these times (he lives up north and I'm down south) however I understand that I still have to pay for her missed days in order to secure her place (her dad pays for these 2 weeks of missed time) and that's fine as my contract states I have to pay for 4 days a week even if my dd doesn't attend.

She came back this week after only 4 days of being with her dad unlike the normal 14 days. This was because her dad had to go to Germany for a few days for work and my little girl really would not settle with his mum.

I messaged my childminder and said my dd had come home early and would she be able to have her tomorrow as normal. My childminder stated she could not have her for another 4 days as she had taken in another child for childcare which took up my daughters space. Ok I thought, my mum took time off work to look after her.

I got the invoice yesterday and I've been charged for those 4 days even though I was told my daughter couldn't go in because she had filled her space! So if I paid for it, the Childminder's earning double for half the work. Aibu not to pay for those 4 days?!

"
You don't actually know that they are happy. They're not likely to make a fuss if childcare is in short supply in your area as often seems to be the case and other childminders are saying the same thing. Ultimately many parents will feel they have no choice but to sign the contract and then pretend their child is sick which will mean you won't even get notice the night before. "

So many assumptions there!

Ok, I presume they are happy because they don't query it and they try to adhere to it. Nor do they leave - on the contrary, they recommend me to their friends.

There is no shortage in my area, thank you for asking. I personally think my experience, my reputation and my outstanding grades mean that parents want places with me.

Sickness is unavoidable, of course, but luckily we are not blighted in the way you suggest.

My CM did something similar, told me she had to be paid up to Christmas Eve as she was available. Dead on, thought I could do last minute shopping have a break and said I'd see her next week. Less than 24hrs later she changed her mind.

Offer a service and be paid for it, don't charge for what's not there.

Well tanith you have said that you wouldn't do as the OP's CM did, so you know she is in the wrong and OP is right.

So really no idea what you are arguing about now.

t's not a ridiculous contract term and you are trying to criticise childminding settings for not being nursery-like enough for you

Do you honestly believe this would stand up in court? Would you be happy paying for a service you were unable to access? Why do people pay to keep a space open if no,space is then available?

"Well tanith you have said that you wouldn't do as the OP's CM did, so you know she is in the wrong and OP is right. "

No, I have stated my policy as written in my contract. We don't know what is in the contract under discussion and that's what matters.

Tanith the examples you have given are indeed examples of ill-mannered parents, but have no bearing on the OP's problem.

Janeismymiddlename read the thread. Several people have answered your last question.

Your question about standing up in court you will have to clarify. Will what stand up in court, exactly?

I'm sorry, I have nothing to add to the thread but "back in your box" has me like
Sorry. It's not funny. It made me giggle though, MN being Bank Holiday Bored rude today it seems

Atenco that's because I was answering another poster, not the Op.

The whole point of paying even if you aren't using the childcare is to retain the place (I.e. the childminder could fill the place with someone else, so you pay to ensure that doesn't happen). She can't have it both ways!

I wouldn't have a problem with her filling the space if you weren't using it BUT if you needed to use the space you were paying for and she refused then no you shouldn't be charged for it.

I don't think that's on at all, but hopefully when you query it and point out that you had to make other childcare arrangements which had a financial cost (as effectively annual leave does) she will amend this.

Bonkers thread. You could put any old shit in a contract. Doesn't mean it would be upheld in a court.

Ok, I presume they are happy because they don't query it and they try to adhere to it. Nor do they leave - on the contrary, they recommend me to their friends.

As I said, they wouldn't query it though would they? It doesn't mean that they think the contract term is fair. Maybe it is outweighed by other things or maybe other childminders in your area have similar terms so not much point going else where. Either way you don't seem to get the point that you just because you have put something in a contract it doesn't mean it would be upheld in court. That includes a clause demanding that people give you advance notice despite the fact that they are paying so that you have time to arrange for another child and double charge or do whatever else you want to do.

I don't know what you're arguing for tbh Tanith. You've made your point about your own contracts needing 48 hours notice for changes/ cancellations but frankly none of that is relevant.

The OP is paying for a service. The service is to childmind her dd, and every 6 weeks, the service is to keep that place. The OP is not paying for a vacancy every 6 weeks which the cm can then sell on to anyone else.

the OP isn't complaining that the cm took on another child during that time, she's complaining that the cm let another child take her dds booked space.

Bottom line is she is charging for a service which she made unavailable
Bizarre that anyone thinks this is ok

Roomster this is getting ridiculous now. You choose the childcare you want; I'll continue to set the policies and contract that work for me and my families.

I can assure you my contract does stand up in court.

Babbity if that's what you think, you obviously haven't read the thread properly. I'm answering points put to me.

whatsthecomingoverthehill
Bonkers thread. You could put any old shit in a contract. Doesn't mean it would be upheld in a court.

But it is why the OP should see someone that knows about contract law.

it seems highly unlikely the contract states that the OP is happily paying full price for days to be vacant and available to be sold to anyone else. I mean I suppose it's possible but no one rational would sign up to that, and the OP didn't mention that she had.

Another point- the OP says she pays 4 days a week (presumably she's working only 4 days) She doesn't pay 5 days and wouldn't dream of rocking up on the 5th day because that's not part of the deal. Neither would she complain about the cm taking other kids on that 5th day- it wouldn't be relevant

The Only relevant point is that the OP is paying full time for a place. The cm is therefore agreeing to keep that place for the child.

Thing that many people on here keep saying is that it's a place the op "had already paid for", but that's not the the case at all, she pays afterwards for the services she has used - the days she sends her DD to the childminder plus the days the childminder holds open for her and is available to work. The bill the op has is wrong, it includes a bill for services she hasn't had, the place with neither used or available.

This is more like ordering a particular bottle of wine in a restaurant, if you drink it or not, it'll be on your bill. But if the waiter returns and apologises they are out of stock, then it shouldn't appear on the bill at the end of the night, where as just not consuming something provided should be on the bill.

If I were the op, I'd let the childminder know there's a mistake and I wouldn't pay the bill, but deduct the 4 days the cm wasn't available. It probably is just a mistake, and the CM is probably very embarrassed that not only was she unable to provide the service after getting the op to pay every other time for the unused days, but that she's sent out an incorrect bill.

Invisiblekitten- perfectly normal that wages are paid in arrears- I get my salary at the end of each month. And presumably the same applies for the other child who took the space- that child wouldn't have been paid for yet either.

That's where the notice came about, Babbity. It's to allow nurseries and childminders with that sort of contract to be flexible for parents who unexpectedly need extra hours for meetings, work etc.. We try to accommodate such requests if we can.
My policy is to refund the holder of the place if that happens; not all do. It depends on the contract.
Op is clarifying whether or not this is a mistake on her invoice so talk of legal advice and courts is a bit premature imo.

All the notice chat is a total red-herring. If the OP needs 4 days the CM has had at least 48 hours' notice for at least half of that.

Yes, I know Infrequentposter. No idea why Roomster latched onto it the way she did.

amazon obviously a child minder u say get £10 per child the cm is getting £10 for looking after child that took space and £10 from ellie equals £20 for looking after one child .One child instead of 2 means half the work . Cm getting 2 payment for 1 space ripping her off