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Original poster

To not pay the childminder

255 replies

Surelyunsure21 · 28/08/2021 23:20

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.

OP posts:
ANameChangeAgain · 29/08/2021 08:05

In a court the job stuff is irrelevant.
The problem you have is that nothing is in writing expect for the contact, unless there is a record of all text messages? You had allowed her to make up the time when you didn't need her, which was nice of you, but doesn't help your case.
Before breaking the contact there should have been a letter or email from you to her outlining the problems she was causing and saying if it continues you will end the arrangements. By allowing her to continue and make up the hours as and when, I don't think you'll have a leg to stand on as it looks as though you have accepted the situation. Ending the contract as you have, although I would have done the same in your position, looks like a knee jerk reaction to your dh's job.
It really isn't her fault that she had to isolate due to Covid, we've all been in that sorry boat at some stage over the last 18 months.

Why2why · 29/08/2021 08:06

OP look at the Consumer Rights Act 2015. I think your husband should take her to small claims court. Write to her under the Act setting out that the service was well below what you expected based on contract.

Leave out all the extra stuff about bank holidays and your thoughts and supposition. Just keep to the facts.

ANameChangeAgain · 29/08/2021 08:07

For contact read contract- likely lots of other typos in there too.

Choux · 29/08/2021 08:08

Is there a lot of turnover in the children she looks after? This seems like a nice little earner - be an unreliable childminder and when people find an alternative get paid £720 (providing the parents abide by the contract) for not doing any childminding at all.

StarfishDish · 29/08/2021 08:08

@WaterIsBest

Surprised a ‘good’ nursery has availability

The nursery i worked at had 18 months wait for a place

@WaterIsBest The nursery we chose is a good one and had availability 😊
Jangle33 · 29/08/2021 08:09

She sounds utterly useless and I’d have whipped my kids out long ago. To be honest Childminders like that are the reason I chose a nursery. I’m amazed you let your OH is a new job have all that time off. I’m amazed he’s not been sacked and be warned it’s stil v likely. I would focus on him doing all his hours and let’s be honest some unpaid overtime.

I’d hold your ground with her and say she was in breach of contract and so it’s void. So no notice due.

Though I love the fact you say you’d just not pay her if DH lost his job, that’s not how contracts work…!

Why2why · 29/08/2021 08:10

And get your husband to set out the financial cost to him, including the lost work hours, increased probationary period, and the fact you had to seek alternative arrangements.

Keep it very, very factual.

If you need help making sense of which parts of the Act you need to quote to her, call Citizens Advice or Trading Standards and they will help you free of charge.

You have a case. Do not capitulate.

Teamfemale · 29/08/2021 08:12

I'd call her bluff. I'm sure you will be able to prove she is in breach of her contract if she did.

Potatwoah · 29/08/2021 08:14

@Why2why

OP look at the Consumer Rights Act 2015. I think your husband should take her to small claims court. Write to her under the Act setting out that the service was well below what you expected based on contract.

Leave out all the extra stuff about bank holidays and your thoughts and supposition. Just keep to the facts.

That's really ridiculous advice.

OP have you addressed the issue before? Some people do have flexibility, so by swapping days etc it implies the arrangement works fine for you. Have you spoken to her or formally contacted her previously saying that her closing frequently is problematic? That you are looking for a new provider and will be giving notice when you find one? I mean if your DH said to work ah I have to pick my child up can I make an hour up in the evening, they said yes sure, then at a later performance review said actually we are unhappy with that, he'd say well I asked and assumed it was fine. He needs to learn to be honest with his work, the issue from what you've said is that he left without asking, that's different to working flexi and saying that you need to leave at x time, can he make it up later, but that's a different matter.

Collaborate · 29/08/2021 08:15

I’ve not read beyond page 1, but the argument could be that she has been in fundamental breach of contract for all the reasons you have mentioned. That would mean that the notice provision would not apply.

Original poster
Surelyunsure21 · 29/08/2021 08:17

@Jangle33 He’s not actually taken days off work.. he works from home 3 days so apart from one of the three days she is contracted too do so he would be working from home and he’d try and work around them but obviously they’ve picked up on it, he has taken more parent days than he would like.

I’ve had to take parent days off for days when he would normally be in the office so it didn’t get beyond ridiculous. I’ve just finished my 4 week notice for my job and they paid my final wage and after they paid I still had to take a parent day or an unpaid days leave because she called to cancel. My sister has done 3 days for us during August and that only works because we are at home otherwise she wouldn’t have been able to help because she is not even 13 yet. DP ends up obviously doing a lot anyway during those days because my sister can’t be expected to do everything for 2 toddlers

OP posts:
Potatwoah · 29/08/2021 08:18

I'm not sure why people are saying she was in breach of contract, it's very very unlikely that this is the case. She would be in breach if she kept closing and was charging without switching days or refunding, but unless clearly stipulated in the contract, there aren't acceptable reasons for closure or limits as there tends to be for nurseries.

Potatwoah · 29/08/2021 08:19

Useless as a childminder, yes. Reasonable to remove children and should a long time ago, yes. Breach of contract, highly unlikely.

Original poster
Surelyunsure21 · 29/08/2021 08:23

@Potatwoah well she is trying to charge for September and is demanding payment before giving back the days owed for August.. plus if the last few months are evidence I don’t want to pay the full 4 weeks notice without taking a discount on for the 38%

OP posts:
Why2why · 29/08/2021 08:26

Can you explain why it is ridiculous advice? Have you read the Act? And why would it be ridiculous for the OP to speak to CitiA and Trading Standards?

OP, I know what I am talking about. Call them on Tuesday.

I wonder why @Potatwoah is so hellbent on encouraging you not to.

Original poster
Surelyunsure21 · 29/08/2021 08:27

I don’t think there has been a breach of her contract in the sense that I could claim on that but I definitely feel I have grounds for saying I don’t want to pay you a full 4 weeks because you have been so unreliable so I will pay 38% of the fee minus the days you owe us back.

If we went to court that is what I would be claiming and I would explain that we have had to sort emergency childcare in a professional setting sooner than 4 weeks because she has been so unreliable that we needed to take action without any notice.

Honestly I am not trying to get away without paying her anything. I’m not even trying to say give me my money back from August and I’m not paying you anything at all. So you get £0.00.. I don’t want that to be the case.

I just want her to accept that she has over £200 she owes us back and she should just accept this and leave it at that

OP posts:
Why2why · 29/08/2021 08:28

Do not listen to @Potatwoah. She does not know what she is talking about and comes across as she has some vested interest in you not challenging this childminder.

Original poster
Surelyunsure21 · 29/08/2021 08:28

@Why2why I will call them on Tuesday and ask for some free advice, thank you! ☺️

OP posts:
Getawaywithit · 29/08/2021 08:34

I will just point out that if she were to make a successful small claim (I have no idea how likely that may or may not be with the circumstances), you will then have a very recent CCJ which could well have an impact on your ability to get a mortgage.

You might want to weigh up the chances of her causing you long lasting issues vs. paying up and moving on.

mummyh2016 · 29/08/2021 08:37

I'd give her an ultimatum. If she wants paying you will arrange it however you will be telling other people how you were treated and will leave feedback online to alert other potential customers. If she accepts what you want to pay her/don't want to pay her you will draw a line underneath the situation and move on.
Yes it's underhand tactics but she's treated you shockingly so I wouldn't care.

Original poster
Surelyunsure21 · 29/08/2021 08:37

@Getawaywithit really? I don’t want a CCJ or anything that might jeopardise my new job or my ability to move Sad

OP posts:
Viviennemary · 29/08/2021 08:41

I would pay only for the days she has had the dcs and not a penny more. Let her take you to court.

Original poster
Surelyunsure21 · 29/08/2021 08:43

@Viviennemary she owes us days for August and we would not be returning the children as of next week but I don’t want anything affecting our mortgage and chance to move

OP posts:
MrMucker · 29/08/2021 08:53

You need to pay her as you cannot risk the legal action. But you could mess her around too. Tell her to get to your place at the scheduled time for each day of the notice period and wait there for your kid (who they don't need to know is in nursery). Having given her the four weeks notice, make her wait outside the house for all of the contracted hours during those four weeks just in case she is needed. If she doesn't show, then you dont pay, if she does show you have to. But what you cannot do is simply not pay her because yes, youd be breaching contract. Her previous brreaches are not relevant here, because you did not dispute them at the time.
Enjoy the fun!
All the best with nursery, I expect you'll wonder why you didn't do it sooner.

Viviennemary · 29/08/2021 08:53

You wont get a CCJ. Honestly, call her bluff. She is a cheeky chancer. Is she even properly registered. I would consider reporting her to your local Council for unprofessionsl behaviour. Ask her for a copy of her registration certificates.

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