Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Paid childcare

Discuss everything related to paid childcare here, including childminders, nannies, nurseries and au pairs.

Flip

1 2

Original poster

Victory in court against a childminder

41 replies

naughtyCMs · 23/03/2011 12:09

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!

OP posts:

Are your children’s vaccines up to date?

Set a reminder

naughtyCM · 24/03/2011 14:37

Its very difficult when you work full time and can't just leave your job willy nilly.

A lot of the details didn't come out until after we pulled the children out. We did start dropping the eldest off at school as much as we could and I was leaving work at 2.45 every day so that I would be a the CMs house as soon as they got back from school.

There was no evidence that she was being aggressive to the baby at all. He was gaining weight and all of the other things that babies do, he was developing well and very advanced for his age hence the walking around the furniture at 7 month (not sure how he was so advanced looking at the evidence that was uncovered).

Luckily over the 1.5 month I did have a full week off for half term hols and I had 2 weeks illness off work too.

I contacted the family information services on numerous occasions to try to find a CM or alternative care in the area but to no avail. I also contacted the school regularly to make sure they didn't forget about the CM they had mentioned.

Tanith · 25/03/2011 00:28

NaughtyCMs, I'm sorry you think it acceptable to dismiss a politely worded request to change your username to something less objectionable. I appreciate it's not an issue that you personally have raised, but that doesn't make it any less relevant.

Perhaps, if you really can't think of an alternative, we could make some suggestions for you?

Tanith · 25/03/2011 00:33

My apologies - I see you've now removed the s as requested by another poster.

dobby2001 · 25/03/2011 00:39

Naughty just wanted to say I hope you can see from our posts that us childminders are usually a good bunch of caring folk and we are all appalled by what you have said. Please dont let your experience cloud your view of us as a profession.

I also wanted to advise you that the NCMA are not a regulatory or professional body like say the UKCC are for nurses. They have not authority and will not be in a position to act against this woman. They exist to promote childminding and provide services to childminders such as pre printed business paperwork, insurance and legal services - for a fee. So dont hold your breath as to what you may get back from them, sorry.

youwhatnow · 25/03/2011 00:56

Tanith - why the issue with the OP's name?

PrincessConsuelaBananaHamok · 25/03/2011 11:24

I think Tanith was expressing that the original OP name was naughty CMs and she has now changed to naughty CM

HTH

Good luck, OP

naughtyCM · 25/03/2011 18:36

Well there you have it OFSTED don't want to know that she lied her way through a court hearing despite telling them completely different information!!

I give up with the system!! At least justice was served for my children at least.

PrincessConsuelaBananaHamok · 25/03/2011 18:46

that really really sucks

looneytune · 25/03/2011 18:48

Not surprised but it really does make me .

Mum2Luke · 29/03/2011 12:03

I had nearly the opposite experience with some children I used to mind which, thankfully did not come to court.

The children were very badly behaved when out with me, so much it was embarrassing to be out with them but as my ds was with us I could not expect him to stay in for their behaviour. It ended in February last year, someone had told their parents I had shouted at them in the playground but my friend (also a cm) stood up for me and told the parents I had to shout as I had a baby and toddler and was trying to stop the children from running off, how else was I supposed to get them back with alot of other children in the playground? It was not aggressive shouting, just to make me be heard. They were awful children so I gave them 2 weeks' notice but they did not come back and did not pay me so I just left it, I just couldn't be bothered trying to get my money back through the courts.

I have hardened up now, parents who don't pay on time have to pay £10 on top of fees so guess what the parents I have now pay on time!!

Numberfour · 29/03/2011 14:34

What an awful story. NaughtyCM, I am so glad for you that you were able to sort it out AND find a lovely CM for your children. There are some wonderful CMs out there, and of course, some dreadful ones.......

naughtyCM · 06/05/2011 13:59

I have just heard the CM is taking another parent to court for pulling her children out without telling her, owing 4 weeks money plus notice money.

What goes around comes around thats what I say :-)

I am so happy she pulled her kids out as these are the children that the CM used to smack all of the time!!

kbjin · 31/12/2011 02:56

naughtCM, is it possible for you to email me separately about this issue, as I facing similar problem with my ex-CM who threatened taking me to court for her loss of income and stress caused by the whole investigation by Osfted of which I found it difficult to accept. She just dropped off a letter and demanding £5000 plus the 4 weeks notice. How rediculious!

lisa1968 · 05/01/2012 22:44

I've been a CM for 11 years.
'people'(wont call her a childminder cos she doesnt deserve the title) like her make me mad-she gives other CMs a bad name.We have a hard enough job proving ourself to the public as it is;we don't have the backing of other members of staff or a manager so we have to do it all on our own.
I love my job and the children I care for.I do a great job and my aim is to ensure that the children and their parents are happy.I -and friends who are also CMs-are constantly aware that we are under scrutiny on the school run from other people and for this 'person' to behave how she does in the school grounds amazes me!!!My mindees give me a kiss and a cuddle before and after school and I know people watch all this as I've had comments.....so,likewise,they would also see any behaviour that was inappropriate.......
I'm glad you took the steps that you did xx

kams23 · 26/07/2012 15:55

NaughtCM, please could you inbox me. I am in a similar position and would appreciate any advice. I know that there are allot of great CMs but there are also a few CMs that think they can treat children. As parents we put our trust in CMs!

Flisspaps · 26/07/2012 16:08

kams23 You might find that the OP doesn't see your message as this is quite an old thread - you may be better off contacting her directly through the inbox system. You'll probably find that posters respond to the OP only, and your message will get lost in the crowd.

Flip

1 2