Malicious complaint to Ofsted

[childmindermk]

i am a childminder and am currently taking a parent to court to get payment she owes from july last year, from when i gave her notice.
she has now complained to Ofsted about me, saying that i used offensive language when talking to her on a number of occasions between june and july last year. Of course i never did, and she has done this just to be malicious.

My question is does anyone have any experience of having a completely untrue and malicious complaint made against them, and what happens with regard to it being on your next report?

I think it is totally unfair that i have to have a complaint on my next report, when i didnt do anything.

I intend to do everything i can to get it removed once proved that these events never took place and it is all untrue.

Has anyone ever done the same and been successful in getting it removed?

I think ofsted will want to know why she didn't complain at the time,and only when you are taking them to court for the money owed. I think the outcome should be favourable to you. Just be upfront with any facts to ofsted. I don't think the complaint will be shown if its not upheld but could be wrong. Good luck.

Yes I have had 2, both from non paying parents who made the complaints when I took action to get my money due. It happens a lot!!! OFSTED are very good at seeing through complaints like this and it will not appear on your next report unless it is upheld which it is very unlikey to be. Easier said than done but try not to worry, you will get a visit without warning if you haven't already just to warn you to expect them to knock on your door.

I am just offering sympathy really. I had a parent threaten to make a malicious complaint and hardly slept for weeks. Others advised that OFSTED would immediately see it for what it was and as it turned out the horrible family in question didn't even bother to put in the complaint when I stood up to them and told them to go ahead.

Oh this is so typical. The stories of how parents try and get out of paying what's owed is just ridiculous.

Them calling Ofsted to complain is par for the course. They will make up anything to get out of paying, not thinking that this complaint, when investigated (during which the CM might not be able to trade and would lose out on fees and even kids in some cases if it's a serious false allegation), and even when found innocent of the complaint, might have this on their record.

CMs seem very vulnerable to me in my view. People see them as easy prey as they are working on their own, and are not a big corporation, so a threat of a complaint/an actual false complaint made against a CM is meant to intimidate the CM to drop legal means to obtain owed fees.

In your case, as it's a long time ago, I am sure Ofsted will see it for what it is. Do expect them to drop by your home sometime.

Thank you so much for all your replies.

Its good to hear that if it is not upheld there is a good chance it will not appear on my report, such a relief!

Poopnscoop: i totally agree with you that it all to easy, and common, for parents to see making a false accusation against a CM as a way to get out of paying whats owed!
We are vunerable as we work alone (although i do work with another CM)and some parents see that and think we are easy to intimidate into dropping legal action....we will not be dropping the legal action!

I have heard from others that we are very likely to get an unannounced visit from an inspector, and to be honest i wouldnt mind that at all, it will give me a chance to question her on the way these false allegation can affect CM's and what Ofsted are going to do about it!

Thanks again to all of you who took the time to respond, much appreciated!

Ok, this has happened to me twice now, not a parent but someone I don't know (although pretty sure we know who's it's likely to be, a terrible family member!). Both times they turned up unannounced (the stuff I was accused of was SHOCKING!!! ). I'm afraid I did end up with a fight on my hands (against Ofsted) but I won!! .

This is what happens if they come and visit you:

They don't come to see whether or not what you are accused of is true. They actually come to make sure you are following the welfare requirements. If they are happy you are, nothing gets logged online/on your report. If they find something they are not happy with, the complaint goes online for the world to see. Unfortunately my STUPID STUPID inspector who came found a few things they weren't happy with which meant I had 'actions' and therefore it was all online etc :( I had 6 months of hell as not only did I wonder who had it in for me but I had to fight, fight, fight my corner with Ofsted. After a visit from the local fire service (agreeing my fire plan was how it should be), several letters from parents, plenty of evidence basically showing the inspector is bonkers for her opinion, eventually allt he actions got dropped (and then I got an apology as I went mad because it meant my negative stuff was online for months!). 2nd complaint was totally different. I was accused of even more shocking stuff but the inspector saw through it and didn't want as much info as the first time (think she was being careful not to mess with me! ) so nothing got logged. I'm still in discussions with the police about finding out for sure who complained.

Anyway, sorry, I went into one there but wanted to give you an idea of what can happen. I honestly would be VERY surprised if they turned up for just something like bad language. Also, they will know it's a dispute looking at the dates!! I'd honestly try not to worry about it, just make sure you're happy with everything in case they turn up (but doubt they will).

Have you heard from Ofsted? If not, I would phone them and tell them what you've heard and say you know you shouldn't be but you're worried as this is your business!

Big hugs, it's horrible isn't it. Can't believe parents do this just because there is a dispute over money. We are open to such horrible stuff unfortunately :( I nearly quit because of what happened to me but in the end it made me much stronger and more confident and I'll NEVER quit, even if it's just to ensure this evil person never gets what they wanted!

x

I had 2 malicious complaints made to ofsted about me last summer. I know they were from our next door neighbour as we have had ongoing problems with them regarding my minded children playing in our garden. I had an ofsted inspector just turn up unanounced twice in a month. As I could prove that I was innocent of the allergations made against me I was found "not guilty" by ofsted so the complaint wont appear on my online report. I had to put a report in my complaints record (but i've never had a visiting parent ask to look at my complaints record) and tell all my parents but I had lots of support from them all. Hope things go ok for you xx

poor u and the nother posters as well. I think any compaint wouldn actually make me so vulnerable, upset, angry that it would be the straw to break the camels back and make me give up cming..

good on all you who fight the corner.. cant some people be absolute b......s

I'm another one who had the threat of a report to OFSTED to get out of paying me.

It used to be that they would suspend while investigating and all reports, whether upheld or not, would appear online. That's not the case now and OFSTED are fully aware that parents sometimes do this.

You need to be proactive. Make sure you have followed your complaints procedure and have a copy of her complaint in writing. You should also respond to her in writing politely and professionally.
Call OFSTED yourself and explain the situation: that you are taking a parent to court and they have threatened to report you.
I also explained to parents that I was expecting a complaint to be made about me (keep confidentiality and don't tell them who it is) and asking if they'd mind giving a written reference of how I worked with parents (I was accused of shouting at one: the other parents fell about laughing!).

Good luck and don't worry. This is so common that you may even not have a visit. I sometimes wish that complaints found to malicious were charge the costs of investigating, but I suppose it would deter genuine complaints.

Thank you for all your advice, you are all so helpfull.

Tanith-we don't have a copy of the complaint because she never complained to us, she just went straight to Ofsted, then Ofsted informed us about it.

I have spoken to Ofsted about it and they seem pretty much of the opinion that it happens a lot, just like you all seem to be saying.

We were worried we would have to log it in our currntly empty 'complaints log'. Hopefully we wont as there is no way it can be upheld as it never happend.

We have told all our current parents whats going on and they are all completely shocked by it! Some of them even knew who it was without us saying!

You might want to check about the complaints file though. I've always been told I should keep a copy on file anyway so that parents can see. If I find out that's not the case, I'll remove mine as it's terribly unfair to have to go through this every time a new parent visits!!

will find out for definate and try to remember to post here to let you all know.
thanks again!

Yes, that's what so many complaining parents fail to understand: we're supposed to keep confidentiality, but if a parent asks to see your complaints, you have to show them. It can be more embarrassing for the complaining family if your current parents want to see the complaint! Even if you do your best to anonymise complaints, it's easy enough to guess who it is.

Even though the complaint has been made direct to OFSTED, I would put as much as you can in writing. It is a complaint, however unjustified, and this is where you can write how it's been investigated and whether you found it to be fair or not. You also have your side of the story in writing while it's fresh in your mind. Any prospective parent with sense is going to see through this, especially if you can put that OFSTED dismissed the complaint.

I'm surprised OFSTED have even gone back to you. They usually won't touch anyone who hasn't had the courtesy to raise a complaint with their childcare provider unless there are exceptional circumstances. Alleged swearing at a parent is hardly exceptional circumstances!

UPDATE for you....i have received a letter from OFSTED saying that after reading our report on the matter they do not feel it necessary to visit us or to put the complaint on our report. YAY!

It does then go on to say...that 'it is good practice to record it in our complaints log'.

My question is as it says 'good practice' does that mean we have to record it, or should record it but its not compulsary?

Any advice would be great, Thanks.

I will ring OFSTED to ask them to make sure but would love to hear your thoughts first please!

I would interpret it as "If we don't see it in your complaints folder at your next inspection, we will mark you down for it".

I would interpret it as "we expect to see this complaint in your complaints and compliments log book" or whatever you have in place to store complaints.

I had one parent write a reference for me. She thoughtfully (!) wrote under the headings "good things" and "not so good things" and it was my first reference and it's on an A4. However, it has not 'put off' my current parents or other parents who have turned me down. In my experience, you are more likely to be turned down because of your pets than a non-justified complaint. For example, I made sure that I had addressed and rectified the "not so good things" (there were only 2 and they were fair points) before any other parents viewed the folder.

Thanks for your replies,

i also interpreted it the same way, but was hoping that others wouldn't!

Anyway i will phone OFSTED in the week to ask them if it MUST be added to the complaints log.

Will let you all know for future referance, although hoping that you are not all in the same unfortunate position!

Just had our Early Years person round (I've just become Network childminder so she was doing her visit). She told me I NEED to have a log summary of complaints and that it may well say 'best practice' or whatever but they DEFINITELY pull you up without them. We are to show this to parents when they visit! I asked if she had something in writing and she's going to send it to me. I told her it's stupid and if we HAVE to then why can't they just say it's compulsary!!!

Hi all first post here. I have just got an inspector turning on my door, the same situation of LOoneytunes "not a parent but someone I don't know (although pretty sure we know. They turned up unannounced (the stuff I was accused of was SHOCKING". Before the inspector passed on the paper work to be approved by the case officer my partner called Ofsted as we did not agreed with some of her decisions. She gave me a severe warning for something the complainer told her, she haven?t even read or got any information on, so how can she make a decision?? (Interesting enough, 1hour later of my partner called Ofsted, the inspector called me asking if she was a good professional and if I had any questions etc, I told her I just did not agree with her and I am opening an appeal against it.

We are also trying to get the mane of the complainers as there is the ?freedom of right" (which I am entitled to know).

Has anyone tried that? And Looneytunes, how did you get to remove t from your file? Can you give me any tips if you did all by yourself or if you had professional help of some sort?

I just think we should teach this Malicious people to go and get a life and stop slandering us CM so we could get on with the good practice.
I feel so depressed with the accusations and had little sleep since then, as every time I close my eyes I see the inspector and the people taking the children away. It is awful and I wish too that if the complaints were proven wrong they should be responsible to pay for both the investigation and for the welfare of the CM!

Not sure how you can appeal at this stage given that by the sounds of things a decision has not been made. However if the inspector did anything other than inspect - so the severe warning, then certainly raise that with the case officer.

As far as I know you have a right to know to what you are being accused of doing which breaches childcare legislation. So ask the case officer for details.

At the moment have you been suspended, or are you being permitted to continue childminding?

Ultimately if you disagree with a decision made by Ofsted, you can appeal via the Care Standards Tribunal. You can read the decisions of the tribunal here (put the word ofsted in the respondent field and click search).

rosros, I think by "freedom of right" you might be talking about the Freedom of Information Act? That gives you the right to make a written request to Ofsted to ask for information that they have, eg. the name of the person who made the complaint, or a copy of the complaint letter/phone call/etc.

HOWEVER - just because you have the right to ask, doesn't mean you will definitely get it. If the person who made the complaint did so confidentially and asked that their name was not given to you (as probably most people who make a malicious complaint would, or equally anyone who genuinely thought you were up to something "shocking" since they might think you would do something "shocking" to them if you found out who complained!) then Ofsted would be perfectly within their rights to say no, they hold that information confidentially. The Freedom of Information Act has a whole bunch of exemptions in it to protect people's personal information, confidential things, information held for criminal investigations, commercial sensitivity and so on - it's not an absolute ask-and-you'll-get-it thing.

Your best bet to get a full picture of what has been said against you is to ask for a written breakdown of what it was you were alleged to have done. Or to ask for a copy of the complaint - since that would come under "information about you" so you might be able to get something under the Data Protection Act. It would most likely have the complainant's name taken off it but you would see the actual allegations.

If you feel that the complaint was not investigated properly then definitely complain to Ofsted and set out what you feel the inspector did wrong, but you do have to appreciate that these things have to be looked into. People who work on their own with children are in a vulnerable position when it comes to allegations being made against them, but equally the children in their care are more vulnerable - things do happen. Everyone here has a story about poor practice that they have seen or heard about by other childminders or nannies. Maybe 8 or 9 out of ten complaints like these are parents with fees issues, or malicious neighbours/ex-friends, but Ofsted can't know that when the call or letter comes in and they have to take it seriously and investigate everything.

She gave me a severe warning for something the complainer told her

So you know what the complainer told her then in that case don't you, else otherwise how can you get a warning about something without the inspector telling you what the warning was for. If that makes sense.

If it was say transporting children in car without seatbelts on, then the inspector has one report from someone saying they have seen that and have you saying that wasn't the case. No photographic evidence available, no other people to backup either side. So in that sort of situation Ofsted can't do anything but make it clear that children being transported need to wear suitable child restraints. Not saying that is the situation here but it's the sort of thing I could think of which might get a warning rather than say being suspended pending further inquiries, resulting in de-registration.

Hi All, Tks for the replies.

• The inspector told me about the complaints.
• she warned me about something she has no proof of.
• she cleared me on all the accusations.
• I did tell her about that I think Ofsted must go and investigate and I was not scared as i did not fear anything.
• complainer told other mothers in local school I was doing wrong things. (altough every time we walk by with the children they are all laughing and singing happily.)
• I have refused her friend a vacancy as I did not have the space! (12 months ago).
• I have a waiting list until March 2012!

• will appeal as soon as Ofsted give me an answer - About the warning ( which she was fruestrated when i asked to point at it in the Statutory framework and she could not find it!
• As I have witness that the complainer was talking I am horrible, was just wondering, can I sue her? (i do not want any money, just scare her a bit).
• I am still working and was not suspended as Inspector found my practice to be good and kids are really happy.
• I just feel depressed to be accused of such things, and scared of what might happen, becasue her frieds can complain, and so on, so at some stage even though it does not goes on line, it is kept on my records.

what a soap opera...

I think that this shows how much of a vulnerable osition we are all in and the importance of logging things that happen. I'm very sorry for you.
At the moment I'm in a position with a child who's parents believe everything he says. The problem bieng that he's very sensitive to things and his parents are not very supportive no matter how proffessional I work. I recieve criticism of my childminding abilities because I try to have a little discipline with him.

Hi I have just come across this forum.
I too am a childminder, and just this evening one of my parents has accussed me of threatening and mishandling her two children.
This is so untrue and I now feel really upset, worried and scared as to what she will do. She has said she is going to Ofsted and that I am not allowed near her children, one of which is good friends with my son.
She has said that the children have been telling her things for a few years that she is worried about, but she is only bringing it up now. Some of the things she said they have sais, have been twisted and turned into a lie....I am scared she may even go to the police and tell people at my sons school.....I cant cope with this, I thought we were friends......
I have had 2 complaints before which Ofsted thankfully took my side on, but this lady can be real evil and I dont know what she is planning to do