Victory in court against a childminder

[naughtyCMs]

Well I have had a weird and wonderful year. I am posting this message just to let all of you working parents out there that it is possible to go to court to challenge a childminding contract and actually win the case.

I moved to a new area in 2009 as I got a new job near there. I contacted the family information service to look for childcare in the area, I was given the names and phone numbers of about 6 childminders in my immediate area. I rang around and I arranged to meet with the childminders.

They were all really nice. The one we chose invited us in and showed us the setting, she explained that she had a good OFSTED rating and she had been childminding for some time.

Myself and my husband decided to take up her offer of minding my two children, my 7 year old and my 8 week old baby when I went back to work.

I started to have concerns quite quickly but I was in a dilemma I could not find any alternative childcare in my area. Luckily at my eldests open evening at school the teacher mentioned that the childminder was overly agressive to my eldest when picking her up from school, also there were other concerns with the way she was speaking to the children in the school yard. The teacher told me that he knew of a local childminder that may be able to take the children on. I waited approximately 1 and a half month until I got the details of the childminder as he had trouble getting in contact with her.

I gave my childminder 4 weeks notice, I wrote her a nice letter so that there were no repercussions for my children. 2 weeks into the notice my 7 year old came in and told me that the childminder had smacked my then 7 month old . I rang the childminder immediately to find out what had happened, she denied it in its entiriey and was abusive and aggressive on the phone to me. I pulled the children out with immediate effect, she demanded her 2 weeks money. I refused and reported the matter to OFSTED immediately. A lot of distressing information came from the investigation OFSTED carried out and I was visited by social services at my home etc.

She is still registered with OFSTED I think the only way they strike someone off is if they actually seriously injure or kill a child! I am appauled at the system!

Despite this the childminder still took me to court to get her 2 weeks money!

The incident happened just over a year ago, we went to court and the court found that she was in breach of her contract so I didn't have to pay her a penny. Why do honest people have to go through this there should be rules in place to stop incompetent childminders taking parents to court if they have been given notices to improve by OFSTED!

In what way exactly was the CM in breach of her contract?

I understand why you pulled your children out, but if the CM is denying it and arguing that you owe her 2 weeks fee's how did they decide or what did they decide she did or didn't do that put her in breach of her contract?

She was in breach of the contract as she allowed her 15 year old daughter to take my daughter to school without my consent. She was also in breach of 1(g) which is being able to discuss care and development of children. This was because she shouted at me on the phone. In court she lied and denied everything but in her unannounced OFSTED interview she admitted I made her angry by ringing her.

I got the information on the interviews and social services interviews by requesting them using the freedom of information act.

Well done!

She should not have sent her dd to pick up mindees.

You sound like you've been through the mill a bit - presumably the CM took you to the small claims court? What was her face like when she lost?

Yes she did. I was shocked in the court room, she had a solicitor to represent her but I did it myself.

She kept shouting out and when I started to cry when I was giving the evidence of how she wasn't fulfilling the welfare needs of my baby by taking him out in the winter with no coat or blanket she shouted "here she goes again, she's putting it on".

What a horrible person she shouldn't be allowed to look after children. She was shocked she lost but it felt good. I have put my daughters school on watch as she still picks up from there and she has a history of trying to intimidate my eldest by staring at her.

You've done really really well to stand your ground. Fancy representing yourself in court and beating a solicitor!!!!! that's brilliant!!!!!!

I bet her insurance paid her legal costs and she thought she could intimidate you into paying because she had legal representation and you either didn't have any or would have had to pay for it.

Yes I am very proud of myself. She was insured through the NMCA so all her costs will have been paid for.

I can't believe that a childminder is able to take someone to court even though she had done so many things wrong. There should be a clause in the contract that also allows a parent to pull their children out immediately if the behaviour of the childminder puts them at risk.

I know some parents do try it on but with the amount of evidence I had and 3 notices to improve on the OFSTED website I should not have been subjected to it.

Oooh, isn't it now time to get in touch with NMCA, point out that she took you to court and lost, send them details of the Ofsted inspections etc, and ask them whether they intend to take her off their membership list? And cc some media organisations / programmes while you do it?

Yes maybe it is I doubt they will do anything though. I was considering forwarding the court papers to OFSTED to show that she changed her story from what she told them in the unannounced visit and what she told the court.

She even had the audacity to say my children went there dirty and she had to wash them and their clothes. She also said my baby went there with clothes stained with faeces!

I'm a CM and I'm DISGUSTED by this childminder! :( Well done you and yes, please do contact Ofsted and show them this evidence from court. She really doesn't sound like she's in the right job, poor kiddies :(

oh well done you

what an awful CM, poor poor children

Sounds like an awful childminder. Interesting to hear that Social Services got involved. Were you able to find out anything from them with regard to their investigation? Surprised that got involved... suspect there had been similar things in the past, thus your experience may have been useful to them to help determine continued suitability.

Ofsted do suspend childminders from time to time... and can result in de-registration. You can read cases on www.carestandardstribunal.gov.uk

Social Services got involved as it was a safeguarding issue as my 7 year old made allegations of smacking.

I requested information about the investigation using the freedom of information act. They interviewed my child on her own and asked about what happened at the childminders. She smacked the other 3 children in her care but their mother gave her permission?! She denied that also though and Social Serviced did not interview any of the other children.

She hadn't had any previous or anything on the OFSTED website.

As a childminder i am appalled that your children had to go through this, and am sorry that as a parent myself that your children were treated like this.
Im glad its all been sorted out for you and wish you all the very best.
"naughtyCMs" - i can assure you the majority of us are really not! :)
I would NEVER smack a child - a parent has no right to even ask a childminder this!!

Sounds very peculiar for a parent to even agree to this????

I find your username provocative and insulting. Do you think you could change it, please?

I am sure 99.9% of CMs are really good at their job and treat the children brilliantly but there are obviously a tiny minority out there who shouldn't be in the profession.

I did find another CM in my area and she is absolutely lovely and my children love her.

Tanith I am sorry you find my username provocative and insulting but it is not the issue here! I couldn't think of one and this one came to mind in light of my individual situation.

Well I have reported the situation to the NMCA, hopefully something will be put in place to help any parent who find themselves in a similar situation as me.

It was awful but worth it in the end. I am just glad I didn't bow down and pay up.

Lots of people do get very intimidated when a solicitors letter comes through the door and the amount you may have to pay if you loose almost triples as you have to pay the money owed plus all of the costs incurred on both sides.

as a cm I am so cross at her behaviour and shocked as well.. good for you, hope she gets punished for this.. well done you.. and please parents dont judge all cms by this appaling standard..

Toughasoldboots

I feel like I have hit a brick wall with the matter now. I was never off the phone to OFSTED at one point as I made a complaint about how they handled the investigation too. I will contact the NMCA and OFSTED to let them know of the outcome of the court case. But to be honest I doubt anything will be done.

One of the comments from OFSTED was that they had insufficient evidence of the smacking as they hadn't seen it. I explained to them that parents don't strap hidden cameras to their children when we send them to a childminders or a nursery!

The CM was seen by my daughters teacher being blatantly agressive to my daughter in the school yard because she came out of her classroom last. All of these matters and more were included as part of the initial investigation. My daughters teachers were interviewed by OFSTED and lots of different issues were raised: e.g. The school teacher reported that the CM took my baby out in the winter with no hat, coat or blanket. The CM said to OFSTED that I didn't supply the correct clothes for her to put on the baby. In her statement to the court she said that I always supplied a coat with a hood and the baby was always appropriately dressed in the cold weather?!

What do you do with a person like that - a compulsive liar!

I'm so so sorry you went through that experience. As both a parent and a childminder myself.

Hope the new childminder was lovely. Its a good point that you make.
Take care

So you left your 7 month old baby in this woman's care for a month and a half whilst you waited for a teacher to find a replacement for you, despite you having concerns and the teacher saying she'd seen the CM being overly aggressive to your dd? How could you and your husband drop your baby off in the morning and walk away?