CM CLUB - 2 questions

[LoveMyGirls]

1. What are you supposed to do if you need a variation urgently and OFSTED at refusing to give a decision urgently?

1. If someone pays a retainer is there a way to back out if neccessary, if so how?

Thanks

1. Not much you can do I'm afraid. I assume you emailed them and marked it urgent? Other than that it's in their hands. 'Phone them each day to see what's happening. I got a variation approved in 1 day but I think I struck lucky!.
2. If you're saying someone has been paying a retainer to hold the place but you can't fulfill it as you don't have the necessary variation, I'm not sure.

Morally it was wrong to take the reatiner if you were going to need the variation as they weren't depriving you of any income as you must have had all your places filled. If they're forced to find other childcare 'cos the variation hasn't come in time, I'd say you have to pay back the retainer fees they've paid. Why do you need an urgent variation for new business? More details needed!!

OFSTED are really clamping down on variations, I really had to fight for my last one a month ago, it was for 4 hours for one day four 6 weeks while another local minder was on maternity leave.

As for the retainer, you need to give a months notice and refund all the money they have paid you.

Tricky situation and complex but I'll do my best to explain.

Child A I've had for 2 and a half yrs
Child B Came to me a year ago but has very long holidays and they pay a retainer for absence.
Child C Started 2 days a wk in October and settled in really well, did 3 days a wk in another setting
Child D Belongs to a friend and started settling in 3 days a week in Feb sharing a space with Child C.

All happy and fine.

Turned out Child C was not happy with other setting (very very upset) so was taken out and mum asked me to do extra days but I don't have space so asked for a variation urgent - OFSTED do not class this as urgent but she has no family who can help and is a single parent so is now taking sick days until they make a decision.

Child B has just returned from a long holiday and circumstances have now changed meaning they need half the hours but still need me daily but can't afford a full time place, lives the furthest away and due to being away so long is now settling in all over again so I considered if OFSTED say no maybe out of all of the children this could be the child who doesn't stay but this is not at all what any of us want as I feel I need to keep my word (morally and legally) but I feel so much for Child C's situation I really want to help as mum is saying she would have to quit work if ofsted say no.

I'm hoping and praying they say yes, but trying to think of solutions if they say no.................

I rang Ofsted and said it was needed urgently (things like operations for current parents count as urgent, just so you know). The girl on the phone spoke to an adviser and they gave me a contact name to address my request to and said they'd look at it that afternoon. By following day I had a phone call to say all approved. So it seems like a contact name is the way to go. Thinking about it I called ages ago to try to get a variation to have 2 under 1s for new customer and they took 5 weeks, so mum had found someone else by then - they added the 2 under 1s to my certificate for future though.

With regards to the retainer - I called NCMA legal advice line to see where I stood with this as child didn't seem to be settling (was at wits end!). Their helpful advice was that parents would probably take me to the small claims court to get the retainer back if I cancelled contract within the settling in period (why have both clauses on contract then?). They couldn't give any advice about how soon I could cancel contract (with notice) without having to pay the retainer back. (Child ended up settling fine after 3 months, but I'd have felt less trapped by it all if advice had been more helpful).

They haven't been terribly helpful so far tbh, one person I spoke to said it was mum of child C's fault for removing child from other setting even if it was distressing the child to go there.............erm so what happened to acting in the childs best interest then?

Another said I'd have to wait 2-4wks

Another said I'd have to wait at least 2 weeks but if I emailed detailing why it was urgent that would help, which I did and it hasn't helped.

I've had a problem with a variation too. I requested variation for an existing mindee 5 weeks before the date it was supposed to start. A week before the date I gave them a ring and said it's getting really urgent now as the parent will have less than 5 working days to find alternative care for the child if it was a no. The woman on the phone was not very helpful and said if I need a quick answer now it is a no. So I thought I can't keep them waiting and said to the parent to look for someone else as they haven't yet decided. Two weeks have passed and I had an Ofsted inspector on my doorstep coming to talk to me about the variation I requested ... she said somebody read my form incorrectly and thought it was for a new business. I just said thank you very much for not being so prompt ... don't need the variation anymore.

They turned up on your doorstep for a variation request????

Yes looneytune they do!

I wanted two under ones and they turned up unannounced about 10days later

Just seems a waste of their time considering a lot of childminders are out and about a lot!!

Totally! I have had two under one so many times (this was for only a 7 week overlap!) But I do suspect she was doing an inspection near me!

I tried to get a variation through quickly and got the story about emergency hospital admissions being urgent, but not my variation. Because of the wait, the child had to spend 2 days a week in a nursery for a month, so that his mother didn't lose her job. Fab continuity of care there! I was soooo apologetic to his Mum, but fortunately she could see it was because she had given me short notice of her change of requirements. All for the sake of a 5 min phone call.

When you say really fight to get it Booh what do you mean? Is there more I can be doing? The mum is worried sick but hey as long as OFSTED have all the control who cares about the stress of a single mum whose just trying to do her best for her child?