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AIBU?

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Original poster

To not pay this childminding bill

546 replies

Ellie6578 · 26/08/2017 11:49

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?!

OP posts:
Threenme · 27/08/2017 19:30

Don't pay, you pay for the space. Fair enough if she filled space but don't charge you for it!

Babbitywabbit · 27/08/2017 19:43

Helliday- she didn't book a place and cancel it. She pays full price to hold the place open.

Roomster101 · 27/08/2017 19:44

If you book a hotel, cancel and lose your money and hotel can then give your room away. You can't call the night before saying you've changed your mind and demand a refund because they've resold the room.

I think you are the one living on another planet *Helliday"
Firstly a poster above has been in that position and the hotel did refund them. Secondly, if I have paid for a hotel room in full no way would I cancel and give them the opportunity to resell the room. If I had paid in full anyway, what is the benefit of cancelling? It would just limit my options.

InvisibleKittenAttack · 27/08/2017 19:50

Halliday - doesnt work with a hotel, because the OP hasn't paid in advance. This is more like I said up thread, ordering a bottle of wine in a restaurant. If I drink it or not, it'll appear on my bill, because I ordered it and it as available for me to have. However if the waiter apologises that they are out of stock and unable to bring me the bottle of wine, I don't expect it to be on my bill at the end.

Helliday · 27/08/2017 19:55

She did cancel when she told her DD wouldn't be there.

CM can then do what she likes with her time (any of which would make her unavailable to a last minute change), go out for the day, take on an extra shift at Tesco, mind another child, etc.

I'm not saying it wouldn't sting to have to pay, but it would be my own fault for cancelling.

SkylarFalls · 27/08/2017 19:59

You pay to keep your space free

If your space isn't vacant, you don't pay!

INFP · 27/08/2017 20:00

Has it definitely been established that it wasn't simply an admin error?

Skittykitty · 27/08/2017 20:03

They can, but they can't charge BOTH parents. How can anyone not see that?

It all comes down to the contract. As I explained earlier there's a difference between a retainer and a deposit.

Retainer - reserves the space for that child and if the parents decides to use it then it should be available.

Deposit - reserves the space from a set date onwards, the space is empty until that date.

So if the child is away at her dad's from (for example) 1st August to 15th August and the money is paid is a deposit for the space to be available from the 16th August onwards, then CM can do as she pleases with the space from 1st August to 15th August provided it is available from 16th August as per the contract.

If the money paid is a retainer then the space should be available as and when needed by the parent.

This is why OP needs to check her contract and speak to the CM.

manicmij · 27/08/2017 20:06

Seems very unfair. As you are paying full cost for the absence days it should make no difference if your child turns up - you have paid for her. Obviously check contract but I would make sure I didn't pay full cost for retaining space especially if child minder has right to "sell" your DD' s place.Get rich quick merchant that child minder. No doubt I will be slated but never have had confidence in childminders. Prefer nurseries.

Roomster101 · 27/08/2017 20:12

She did cancel when she told her DD wouldn't be there.

It doesn't make any difference. If she has to pay in full anyway she can change her mind just as you can if you have paid the hotel. If they have given the place to someone else they have to refund.

Babbitywabbit · 27/08/2017 20:14

Helliday- read the OP. She didn't cancel. She doesn't say anything about cancelling. She pays full price to hold a place open. You have invented the 'cancellation' in your head

Leeah12 · 27/08/2017 20:16

I had a similar agreement with my childminder. I had to pay extra even though I didn't need that space all the time. The agreement was that I was paying full every week but if I needed to use all the dates I booked then I could.
My childminder would have to keep the space I booked for me to use if I needed it.
Your childminder has done what we all would do. Give the space that's not being used to get the extra money.
Problem is that you technically should have that space. She couldn't accommodate you however you should not be charged for it.
I'm sure a quick chat with her will clear it up.
If not you need to re discuss your agreement for the future.m and say that you book her place and if you do need it then it should be available for you to use!

Sierra259 · 27/08/2017 20:16

I totally understand you paying her for the days your DD is at your DP's - it wouldn't be fair on the CM to lose 2 weeks income every 6 weeks. However, she has therefore been paid for your daughters space for those 2 weeks and should be able to take her if the usual arrangements change. She is being bloody cheeky and I would be starting to look for a new childminder in case things become too awkward when you query it.

Roomster101 · 27/08/2017 20:19

So if the child is away at her dad's from (for example) 1st August to 15th August and the money is paid is a deposit for the space to be available from the 16th August onwards, then CM can do as she pleases with the space from 1st August to 15th August provided it is available from 16th August as per the contract.

Considering that OP's child is always away for two weeks out of every six the contract isn't going to specify days for when it is a deposit and days for when it is a space. That would be a very long and complicated contract! It pretty obvious that OP just pays for the child place for the whole time and that means she should be able to use the place.

Helliday · 27/08/2017 20:20

You really think OP didn't tell CM that DD wouldn't be there? Confused

How would that work? Does she just sit there twiddling her thumbs each morning waiting to see if she'll turn up?

And If CM didn't know she wouldn't have taken on another child.

eulmh · 27/08/2017 20:24

We don't pay our childminder when the children don't go. I teach and my children don't go in the holidays and we don't pay. We've never been asked to

Babbitywabbit · 27/08/2017 20:24

Helliday- no one is suggesting the cm should sit around twiddling her thumbs. If the OP contacted her the night before saying she needed childcare after all, and the cm said OMG I'm afraid I've booked an important appointment so I can't do tomorrow but I'll do the other 3 days, it sounds as though the OP would have accepted it as one of those things. However, for the cm to have agreed to give the space to another child for the whole 4 days and then charge both parents is completely unreasonable.

And once again, the OP didn't cancel. She has an arrangement that the place is held open.

Skittykitty · 27/08/2017 20:26

Without seeing the contract it's impossible to know what it says.

It could say "six week rolling schedule with fees of £xx payable for four weeks plus deposit of £xx during two week long absence on condition of space being available at the end of this absence". That would be a deposit and therefore must be paid, OP can then decide if shes happy to continue with this arrangement or if she would rather seek new childcare.

Or it could say "six week rolling schedule, fees of £xx for four weeks plus retainer of £xx to cover two week absence". In which case the amount is a retainer and wouldn't be payable as the space wasn't available however OP would probably be in the position of having to look for new childcare as I imagine the working relationship would be too damaged to continue.

Wrongintherightway · 27/08/2017 20:30

You pay to keep her place open so you should have the right to use it, if your childminder has a short term booking for dates you are paying for you should get a refund if she cannot take your child
Think you need to put something in writing for the future outlining this

alltouchedout · 27/08/2017 20:31

That's like my landlord expecting to be able to rent the house out to someone else when I'm away on holiday whilst still collecting rent from me. Bizarre.

grandOlejukeofYork · 27/08/2017 20:34

Your childminder has done what we all would do

We really would not.

Skittykitty · 27/08/2017 20:34

Think you need to put something in writing for the future outlining this

And all the CM would do is respond with "these are my terms, if you can't accept them then here is your notice" and the OP will have no childcare.

grandOlejukeofYork · 27/08/2017 20:35

It all comes down to the contract. As I explained earlier there's a difference between a retainer and a deposit

OP is paying a retainer, in the full amount of the fees. It is her space, it cannot be given to anyone else.

Skittykitty · 27/08/2017 20:36

OP needs to check her contract to see if it's a retainer or a deposit, they are two entirely different things.

Helliday · 27/08/2017 20:37

That's like my landlord expecting to be able to rent the house out to someone else when I'm away on holiday whilst still collecting rent from me. Bizarre.

It's not.

It's like leaving three weeks before your contract is up, packing up and returning the keys. Then wanting to move back in a week later to find it rented to someone else.

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