Problems with childminder!

[lucylocket1983]

On Wednesday we were asked to leave our childminder. She has had issues for a while that our daughter does not 'fit in' to her setting. She said that she constantly cries and has had complaints from other parents. We had strong words on Wednesday as she has made us feel like we are feckless parents and that there is something wrong with with our daughter. It has all been very upsetting.

She gave us notice to find another childcare provider but made us feel that under no circumstances was our daughter to return to her. We were made to feel extremely uncomfortable.

We were due money from her from three days absence in the summer, that we have never had. We also had to pay for a month before she started attending there. We therefore thought we would be receiving a refund from her. We have received a letter this morning that states that no refund will be due as the notice period ends in the middle of January. This has made us so angry and we are considering filing a complaint with the small claims court as we are out of pocket.

Anybody know what route we should take? Is she correct to say that no refund is due? Would value any advice!

What does your contract say about the up-front payment - was it a refundable deposit or a retainer (which wouldn't be refundable)? If she uses NCMA contracts it should be in the small print on the back.

My understanding would be that as she has told you not to return the child to you then that's effectively giving you immediate notice and therefore she forfeits the pay until January.

Depending on your contract and how notice is listed..assuming you have the standard 4 weeks either side...

If she told you to leave immediatly (eg she was not prepared to work the notice) then you do not have to pay the notice period and you may be entitled to take her to small claims for loss of earnings etc

If you left by choice without sending your child for the notice period then you have to pay her for the notice period.

If you both agreed that the contract would terminate immedialty then no one owes anyone any money.

You need to speak to the NCMA or Morton Michel for advice depending on who your contract is with.

If you don't have a contract then I would say you don't owe each other anything.

As for the money paid in advance. If it was a DEPOSIT then you should be entitled to it back. If it was a RETAINER then you were paying her a percentage of the childcare cost to keep the space open for your child and it is non refundable (chilminder would have lost earnings holding a space open for your child).

Hope that helps

Agree with Flisspaps.

Do you have the paperwork about your months payment before starting. It should be on your contract, but if not, did you have any emails or invoices or anything explaining whether or not it was refundable?

The same with the 3 days in the Summer. Why wasn't this deducted from your next payment? See if you have anything to prove she was overpaid for that time.

If she's not giving you any notice, then she can hardly charge for it ... unless she is saying she is available to work the notice, but has 'implied' to you that she doesn't want your DC back. Any text messages or anything on this?

If you have any contact about these issues, do it via email, or letter if possible, rather than verbally, so you have the paperwork to back up what you are claiming for.

(I am sorry your parenting has been called into question - some children just do not fit with some childminders, or their charges)

cross post with Jendot

Like others have said,

• if she has given notice but said she will take your daughter for the notice period then you do have to pay the notice period regardless of if you send her or not.

• if she has given you notice but said she will not have your dd for the time then she is to return your money to you for the period outstanding.

Out of interest, did she discuss issues that she was having with your dd previous to giving notice?

It seems very bad practice on her part if she was to just spring it on you and then insult you also.

Like others have said,

• if she has given notice but said she will take your daughter for the notice period then you do have to pay the notice period regardless of if you send her or not.

• if she has given you notice but said she will not have your dd for the time then she is to return your money to you for the period outstanding.

Out of interest, did she discuss issues that she was having with your dd previous to giving notice?

It seems very bad practice on her part if she was to just spring it on you and then insult you also.