Childminder is taking the piss

[Jessicamartin]

Hi. I'm a single mother doing a college course, I am on income support, I started in august I also found a childminder that seemed suitable, she asked me for £100 a week before I started college I thought I'd get this back after my course as college pay her and I thought it was a deposit to make sure everything was ok with payments. Soo. Started college first week great.. second week my childminder booked a holiday. I had to take a week off college! I missed out on work and in the salon. I haven't much family so didn't have childcare. I went back to college and for two weeks then my childminder booked a two week holiday on the same dates as my assesments in September. It is now October I have missed 3 weeks of work, clients in salon and cross unit information I was to learn in class. My teacher said it will be hard to catch up with everyone so if decided to leave. I'm soo annoyed that I trusted my childminder, i asked if I'd get the £100 back I paid out of my bennefits and she said no. I said to her I need to leave college and I'm very disappointed with her taking holidays during my college hours/days and iv failed my exam. She asked me for £280 a week for 4 weeks or self cert at college but she wouldn't be watching my kids. Iv told her I can't pay £280 a weeks as I only get enough money for me and kids. She wasn't having it she said she will get it one way or another! I don't want trouble. I feel like this childminder is soo money hungry it's sickening. Sometimes my son would goto my mums after school and she said that college don't need to know that as they wouldn't pay her until 6pm if they knew. Then she asked me for money every week for a toddlers group she took my daughter to.. has anyone any advice? I can't pay £280 a week and I can't goto college for 4 weeks as I haven't got childcare and tbh she doesn't deserve to get paid for 4 weeks for nothing. Hopefully I find a better childminder and reapply to college next year.

Yes it does. It says notice of 4 weeks notice before holidays. Which she never done

Sounds like you might have her on breach of contract. Not that I normally support people not paying notice.

She definitely isn't reliable it feels like she just wants the money. The college are supportive they said as soon as I get a better childminder I can apply in Jan again. This has really opened my eyes I'm way too trusting. I studied hard and was 100% comited to my dream career and I will be again just a shame she wasn't so honest about the holidays at the start and then I could have got a different childminder there and then. I just cannot afford her 4 weeks notice if I need to goto college for 4 weeks for the college to pay her I will. Just hope this never happens again to anyone else. Really is not fair at All. Thanks for all your support and advice iv made an appointment with citizens advice in the morning :)

Please be reassured that most professional childminders are not this disorganised. Ask lots of questions. I really don't mind parents asking questions.

I agree with pp.

I would say ask as many questions as possible. Ask how far in advance holidays are booked ? Ask are they normally taken term time ?

What age is your dc ?

Do you have to leave college? Can you change to another childminder? Anyway you can make up tests?

I would report her to foster

My kids are 9, 6 and 2. My teacher has said she's concerned about the absence and the amount of work I have missed and that it would be unnesesary to sit the assesment as I haven't been in class to go over everything that's essential to pass. I also missed out on practical exam with a client waxing procedure. I'd have to reapply in January. My teacher has stated she knows it wasn't my fault and also showed support as this was and is my dream career. I was so organised and prepared to come put as a fully qualified beautition and my childminder knew I only had her for childcare. I really think she has taken advantage and now is not happy that I'm taking it further.

Def don't pay, let her take you to Court--she's breached the contract and asked you to fraudulently claim her costs. Anything like that in a text message etc keep

Is she OFSTED registered?

It’s simply not possible to say categorically that the childminder is in breach of contract.

We only have one side of the story, and that is incomplete as well as the obvious bias. The childminder may well have a very different tale to tell. The courts consider both sides of a story and do not accept 'trial by message board' quite so readily as many MNers seem to.

As for the contract, frankly, we haven’t the first idea what terms the OP signed up to, as she has been less than forthcoming and rather inconsistent when mentioning it.

First we were told the contract "doesn’t mention anything..... apart from pick up and drop off. Snack fees. Signatures that’s it." As if a childcare contract could ever consist of a single line plus signatures. Then we are drip-fed two further lines. But the most commonly used contracts are four pages of text, plus a further four pages of notes /clarifications, plus any amount of attached policies and fee schedules, etc.

It’s ridiculous to make outlandish statements or judgments based on such scant information. A court will consider all the information, not just the edited highlights, cherry-picked by one side.

Lol so you consider me stay I g with this childminder while she takes holidays while I'm supposed to be at college sitting exams and studying? The contract is 1 piece of yellow paper! One side is pick up drop off, snack fees and 4 weeks notice of holidays and 4 weeks notice of termination. Then signatures.. the other side is printed with guidelines, and rules if what have you. I have all the proof and all the mails/ screenshots I would post on her but won't as it's personal and I'd rather not show her name! If I was lying why would I want to write all this and look for advice?

Nobody mentioned lying. But the court will consider both sides of the story, and I simply do not see any strong proof that the childminder has breached the contract.

It really does need someone who is legally qualified to inspect the contract, together with any related policies, terms and conditions, and any correspondence you have saved. You may have some legal cover within your domestic insurance policy, or see a solicitor for a free 15 minute consultation to judge whether you have a reasonable case.

One thing that does seem clear is the four weeks' notice period. That remains payable whether or not you chose to use her services during that time. If the college won’t pay it, you are most likely liable as signatory to the contract.

You might be able to avoid that if you can prove that she made the arrangement unworkable, most likely by the issue over her holidays. Your problem is proving that, if for example she says you were given sufficient notice, as it then becomes your word against hers.

If the contract is as vague as you suggest, a lot will depend on legal interpretation and wrangling. Be aware this will not cost the CM a penny, as she will almost certainly have full cover and the support of a legal/debt recovery team through her childcare insurance policy.

Then again, even if they feel she has a good case, there’s some chance her insurer may just pay her themselves if they see little chance of actually recovering the money from you within a reasonable time.

Unfortunately if they do take you to court, it could end up in a court order which would damage your credit rating for a while.

When I first found out about her second holiday on fb in September I screenshot her post I emailed the college and the childminder saying I did not know she was going on holiday for a second time and also that I had exams those days she was away.. bearing in mind she was on holiday previously for a week in august. She said she is sorry but it's her aunts wedding and if she's didn't go she's afraid her aunt won't speak to her again... I failed she could have explained to her aunt about important exams I was taking and that I 100% relied on her. I'm sure her aunt wouldve understood. I'm confused why she didn't tell me this beforehand as she mustve booked the holiday because it was abroad. The first week in August was abroad for a hen night and the 2 weeks in September that I didn't know about was to a wedding. No way did she book this overnight! So angry she didn't tell me this. I also have mail's where iv expressed my feeling towards this and she hasn't replied I think she knows she was in the wrong or she wouldve called me and told me otherwise.

itsaboojum Well of course no one knows if the OP is being dishonest but then we never do. It's a bit bloody pointless if the reply to every thread is "well OP, we only have your word so no one can actually offer an opinion"

That’s the point. The OP isn’t going to get good, relevant advice unless she refers the whole thing to a solicitor who will tell her that she has to disclose all the information and consider all the CM's counter arguments.

Instead, we’ve been drip fed a few scraps of the contract. It doesn’t sound like much of a contract, but it's grown from a couple of lines to a full two sides in the last 36 hours.

I don’t think it’s helping the OP to give her what may be a false sense of security.

Jessicamartin

It’s good that you’ve retained that evidence.

You’re quite sure these holidays were not last minute bookings? That could cut both ways, in the sense that the cm might argue that she 'must' have told you about them much earlier and imply that you forgot (it does happen.)

Is it a 'home made' contract that the cm has run off on a word processor, or a commercially printed form? If the latter, does it have an insurer/organisation's name or logo on the top? Pacey or Michel Morgan, for example?

Does it have a fixed end date or state 'short term contract' anywhere?

Were you within a contracted a 'settling in period' at point at which you left?

At the time of signing the contract, did you insert a variation stating that the cm must be available across all your college, salon and exam dates?

Op, don't quit the course yet.
Get another minder set up for in 4 weeks time and use this one whilst you work out the notice.
Continue college for the next 4 weeks and see how much you can catch up - then decide, makes a restart in jan easier too as you've done some already. It is doable if you are prepared to work hard and do lots of reading - if the tutors see you working to catch up they will put in extra to help with the practicals but you need to be proactive.

This childminder is unprofessional and most aren't - go and see some others. Or is there any nurseries which can be used - these are more reliable for your situation.

What were the payment arrangements? Did the college pay the cm directly, or did they give you the money for you to then pay her? It’s important to know who is ultimately responsible for the bill, including any charge incurred for leaving without notice.

Did a college finance official sign the childminding contract?

Did the cm sign any agreement issued by the college?

What hours were shown on the childminding contract?

With regard to the £100pw payments prior to starting college, how were these defined? Could you check the receipts for these payments and see whether it is itemised as "deposit" or "retainer" or something else?