Childminder concerns and contract termination

[jemma357]

Hi!

I am trying to serve notice to end a childminding contract. I checked our contract (the standard NCMA paperwork) and there is no notice period stated. The part of the contract which is supposed to have this in it is blank!

I emailed the childminder to ask and she has told me that the notice period is 8 weeks, and cannot include any time when she is on leave. As she has booked a week off next month, this would mean that I have to give 9 weeks notice! I'm wondering if this can be correct? Having checked around, 4 weeks notice seems usual - in fact the NCMA fact sheets state that 4 weeks should be the maximum notice period in either direction.

I am slightly concerned as part of the reason I am wishing to end the contract is that I don't 100% trust the childminder's view of keeping her charges safe. She has taken them on visits to a nearby farm and let them sit in the cabin of an operating combine harvester. When I spoke to her about this she simply shrugged and said she thought it would be a treat for them (I'm sure it was, but that doesn't stop it being illegal and very dangerous!!). She just couldn't understand my concern.

I have also now discovered that my 5 year old is sitting watching her teenage son playing Grand Theft Auto. Whilst I wouldn't pass judgement on what her son does, I'm afraid I am extremely upset about my boy being exposed to this. As it has only come up today I've not had a chance to speak to her yet about this, but there have been other occasions when I have found her attitude to safety and appropriateness to be somewhat haphazard.

So my questions are: should I approach OFSTED about my concerns? And as there is no written notice period in the contract, is an 8 week (plus holiday) notice period enforceable or acceptable?

Thanks if you have any advice for me!

Jemma

Was this a kids farm, that kids are allowed to sit on machinery? If yes, it will have been risk assessed and likely OK. When I was a CM we used to go to activity farms and sit on tractors etc.

I'd be more concerned about the gaming (really because it is very easy to keep activities like that away from mindees- ie upstairs)

When you signed the contract, did you not notice the notice period had been left blank? If it's blank where is she getting the 8 weeks from? It's not standard.
I would always have a four week notice period, so would think that would be a more likely default period.
As it's blank, I doubt an 8 week notice period would stand up in court.

No, not a family farm - a working farm!

I asked about the 8 weeks notice period and got a blank look.

I would say given your DS has been allowed to watch GTA that you could withdraw them immediately without any repercussion, backed up by the other things you list & can add to, I would say you would be fine to do so.

There's no notice period in the contract you & she have signed so the 8 weeks is her dreaming!!

I would write an email outlining the reasons why you will no longer be using her and state that at this stage do not wish to take it any further but will if necessary.

You might want to ring someone legal though.

Hard to say about the combine harvester without being there to assess her safety precautions. Watching the gaming is not good. You could just say, as you did not specify notice on your contract I will pay 4 weeks.

I would not send my children back as you have safety concerns. I would withdraw them immediately to be honest. Combined harvester sounds awful.

There is no notice period she made a mistake not filling it in!!!

I've just delt with a very similar situation from advice from the CAB if there is nothing written in the notice period then none is needed to be given

She says that 8 weeks is on her copy and it can't have come through the carbon to ours. However I have 2 children and the '8' hasn't come through on either of their contracts!

She's trying her luck - if you don't want a huge battle I'd be inclined to go with 4 weeks (of which 1 she's away) so paying for 3 weeks but if I found out my 5 yr old had been watching GTA I'd be having serious words & she should be grateful to get any notice.

In the case of ambiguous contracts the law will always side with the person asked to sign contract (you) not the contract maker (her). I would out of common courtesy pay her 3 weeks.
I do ask for 8 weeks notice from either party unless terminating in extreme circumstances, I.e gross misconduct. (I once had two sets of twins leave within four weeks of each other to go to nursery- it was a lot of spaces to fill in short time!!)

That's not correct. In an ambiguous contract the clause is construed against the person seeking to rely upon it. There isn't one "contract signer", you both sign it.

Anyway, not relevant in any event. The notice provision is not ambiguous but silent in which case reasonable notice applies. I'd think 4 weeks would be perfectly reasonable.

That's what my insurance company told me about one of my CM contracts...

They were not correct. The answer may have worked out the same but there is no rule like that. There are some parts of UCTA that make it relevant whether the terms are your standard terms and whether there is opportunity to negotiate - maybe that's what they meant?

It's called the contra proferentem rule by the way if you fancy reading round it - may never be useful to you again I suppose though!

Perhaps but thank you for raising the point as I will now question what they meant further. I'm no legal eagle so may have completely misunderstood them, apologises OP for incorrect information!!
The point remains the same though in that if it was left blank, providing 4 weeks notice, one of which is holiday, seems more than generous. In future it's so important to double check contracts

Oh and seeking to rely on could be said to be prima facie the party who drafted the contract I suppose, in the absence of other factors. I can see what your insurers were getting at I think.

you are confusing me now splendide haha neither of us sound like legal experts here and we are probably confusing OP further hahahhaha

Yes agreed!

A combine Harvester on a working farm? Once saw a very nasty accident with a puppy and one of these things. (my brother in law used to be a maintenance engineer on a farm) Very dangerous not to mention illegal. Gaming not good either. I wouldn't continue with this CM but 4 weeks seems more the norm

To be honest it sounds like gross misconduct to me in any case. I would give her a week and find alternative childcare immediately. Honestly - both those examples are COMPLETELY unacceptable!

Splendide - I think culler is correct.

Contra proferentem (Latin: "against [the] offeror"),[1] also known as "interpretation against the draftsman", is a doctrine of contractual interpretation providing that, where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the wording.