To not pay the childminder

[Surelyunsure21]

Hi all,

I am hoping to get some advice on a very tricky situation. DP and I have always seemed to find it impossible to find good reliable childcare and as a result we have bit the bullet and put both our DC (aged nearly 3 years old and 18 months) in nursery over 3 days. They are due to start next week which is lucky as I start a new job on Tuesday, it is my dream job so I don’t want anything to mess it up.

Previously to this we have had a childminder for the last 10-11 months however she is highly unreliable.. DP started a new job in February and he was hoping to pass his probationary period this month.. since May the childminder has been incredibly unreliable to the point where on the days where he is working from home he ends up looking after the children, in between working. His job is a lot more flexible for this.. my previous job was in a contact centre so it impossible to even grab a drink when it was not scheduled.

The childminders excuses were always legitimate and obviously there would be no payment for the days they didn’t do but we didn’t mind paying.. we’d rather have smooth childcare than none. The one issue with payment and it was a little something was that they insisted on getting paid for bank holidays even if we didn’t need to send the children (which we didn’t) and if we wanted or needed too it was double fee. We never sent them but we just thought the whole process was ridiculous.

So long story short the childminder has been that unreliable in the last few months that it nearly cost my OH his job. They have chosen to extend it for 3 months but he cannot work from home anymore and he basically doesn’t get any privileges for 3 months (it’s better than being fired though)

I’m due to start a new job and he’s in a probationary which should have ended and we’ve just put our house on the market too sell and move closer to my new job so obviously cannot afford for anything to screw it up. I sat down with OH and we rang a few nurseries in our new area and one had space to take them from next week so we signed them up and paid the deposit.

We then text the childminder to advise them that we would not be requiring their services any longer as they have been so unreliable they have nearly cost my OH his job and that as a result of this we would not be returning them in September and we would not be paying anymore money.

I hope this thread highlights the importance of reading contracts before signing them. I'm a childminder who does not charge for bank holidays if I'm not needed but double if I am needed. In the last year I've had to close at short notice whilst waiting for PCR results for my own children or for legitimate emergency reasons and sadly funerals. I've always tried to give as much notice as possible but sometimes it is really short notice, but that goes both ways.

Like the Op all parents pay in advance ( exception of funded children ) because childminders and nursery's have been stung financially and lessons have been learnt, again for any days I've had to close I've then deducted what's owed back to parents from their next invoice.

The Op stated herself that the childminders reasons were legitimate and those bashing the childminders shoddy boiler should give their heads a wobble, lots of tradesmen didn't work / furloughed for a long time causing a backlog and then some tradesmen required people to give them space / social distancing so I can understand why the childminder may have needed to close or reduce hours.

Op I know it stings paying out for a service ( notice period ) that you won't be using however it's done now you've fulfilled your end of the contract just keep all documentation together incase you need it in the future. I would advise though that you look at what other back up care you have in case of nursery closures. Even with the rules now changing regarding isolating I think everyone is in for a few bumpy months as children go back to school.

As I CM myself for many, many years I am shocked at your experience OP!
Your ex CM sounds absolutely shocking. I honestly do not know how she will keep running her business. Don't get me wrong, anything covid related may well have been out of her control but from all the other details you've provided it sounds to me like she's used that as an excuse to not work.
In regard to the contract, sadly she does have the right to say you must pay the notice period. However, I think you would also have had a good case against her for breach of contract since she has been so unreliable. Obviously I'm not a legal expert but if you had gone down this route, it would have been stressful for you and it sounds like you certainly don't need anymore upset.
In the past I had to take legal action against a parent who told me with less than a week's notice she wouldn't be returning as they were moving away that weekend. I, like almost all CM's have full legal cover that is included in the cost of my public liability insurance. When making a claim against a family, you first have to write to them saying this is what you intend to do and give them a date for which you expect the fees to be paid. Not go straight into legal action.
Anyhow I hope your next childcare arrangement goes better. I'm sure it will!
Just move on from this now, safe in the knowledge that you have done the right thing.

I would make sure I leave an accurate, truthful review wherever she advertises. That you were happy with the service but lately it's become very unreliable etc. Truthful, so you can't get done for slander, and then I'd go and enjoy my new job!

The Op stated herself that the childminders reasons were legitimate and those bashing the childminders shoddy boiler should give their heads a wobble, lots of tradesmen didn't work / furloughed for a long time causing a backlog and then some tradesmen required people to give them space / social distancing so I can understand why the childminder may have needed to close or reduce hours

It’s not that the childminder is being “bashed” for having a boiler breaking down a lot. It’s just being pointed out that it is the childminder’s responsibility regardless of the difficulty and shrugging shoulders about it and expecting customers to stick to a contract that you are unable to fulfil to such an extent is not reasonable.

Saying that the childminders reasons were legitimate doesn’t mean the childminder fulfilled her side fo the contract. It just means the OP accepts the childminder didn’t close on a whim. Just because the childminder was in a position where she needed to close when she closed, doesn’t mean that her service provision was acceptable. As a business, sometimes you over promise and can’t deliver. The fact you didn’t foresee the difficulties that cause you to be unable to deliver doesn’t mean you aren’t responsible for not fulfilling your side of the contract.

I doubt very mych he/she will take legal action! Bloody cheeky