What happens when ...

[MaryPorter]

CM terminates agreement without notice?

I have already paid in advance for services not provided/received and CM said she is keeping this money in lieu of notice. Although SHE has terminated, not me?

Help please!

What's the reasons? And do you have a contract?

My understanding is she either provides care for the notice period or refunds your fees. This should be regardless of why she has terminated the contract. If you'd terminated, she'd be within her rights to keep the money.

If she refuses to repay you seek legal advice.

Agree with Fliss.
If she has just withdrawn her services without giving you notice, not only does she owe you the money you've paid in advance, but she owes you for the notice period too, surely.... inconvenience / putting you in an impossible situation with no childcare without any time to arrange something else.
You could take it to the small claims court.

Thanks both :)

I have posted in legal. I'll try to C&P it here.

Here it is:

I have been using the services of a Registered Childminder since October last year.

She has had a few incidences of sickness which has greatly impacted on me, I have no other available child care so I had to take time off work. I am now on my final warning re this.

Childminder has now been off for 2 weeks -initially this was to be sick leave but is now for a different reason. I started looking for alternative child care as I really can't afford to lose my job. CM told me she would be returning to work, and then changed it again (all via text). My intention is to serve 4 weeks notice when she returns. She has already been paid in advance for part of this notice.

Now she has informed me, again via text that she is aware that I am looking for a new CM, she thinks my behaviour has been disgusting and she is terminating our agreement, as she would normally expect 4 weeks notice she is keeping my money in lieu of this!

So just to sumarise:

• CM has terminated without notice

• CM has already been paid for 2 weeks that she hasn't worked.

• CM is now saying she won't return this money.

I will follow complaints procedure which entails sending a formal letter. Then if no satisfaction then contacting the Care Commission.

Oh I'm not bothered about any extra, I just want my money back.

We do have a contract, but no mention of what happens if she terminates.

Yep, she is required to refund your money

Thanks Fliss, I will follow the procedures and probably get solicitor to send the letter as the text she sent me was quite unpleasant.

There are circumstances where a CM could rightfully withdraw care without notice and without returning fees (for example threatening or inappropriate behaviour or assault by a parent). Not that I'm suggesting you have done anything like that! But there are circumstances in which the parent would be regarded as having broken the contract by their behaviour by making it impossible for the CM to work with them.

Surely being narked off because I'm looking for a new CM isn't good enough reason though?

The only person who has been aggressive (in tone) is CM.

FWIW I would've given her the 4 weeks notice, and paid it even if I had to withdraw my dc before the period was up. Because I agreed to it in the contract.

MaryPorter no, that's not a good enough reason. You're entitled to seek alternative care if you wish, and your doing so is not a reason for your CM to withhold care or fees.

I only mentioned the 'extra' as sometimes it is worth mentioning that if she doesn't give what you are owed, and you have to go to court (or expense of a solicitor) then in the end it will end up costing her more through having to pay your costs. Wasn't trying to imply you were out for more than you'd given her

No, absolutely; being narked off wouldn't be good enough reason.

Just wouldn't want anyone slapping their CM and then thinking they'd have some money coming back :)

BackforGood, if I get solicitor to send letter then they might want to put that. But I really just need my money back, can't afford to just write off a few hundred quid. And also I need to pay my new childminder.

CM has just told me she will return half the money. How kind

She's trying to pull a fast one then - she KNOWS she's in the wrong here. Unfortunately Ofsted or NCMA won't be interested, in your shoes I'd contact her and TELL her that you know you're entitled to the full amount back, not just half, and that if it isn't repaid within X days you will seek legal advice and contact the small claims court.

Unfortunately, I think she has had a knee jerk reaction to finding out (through a 3rd party) that I was looking for a new CM.

Contract states 4 weeks notice in writing, as she is not at home right now and also due to the reasons for her being off atm, I had thought to wait til she returned to work and then give her the notice and explain in person my reasons why.

I expected that my dc would need to start with new CM before the notice period was up, so there would be an overlap. That's just unfortunate for me (and my purse!) and I would pay both CMs for that period.

You childminders are a gossipy lot