Can I claim loss of earnings from my CM?

[Dep1704]

My CM had recently been suspended by Ofsted.
She explained the reasons and we supported her.
My child was one of the first children she took on 2 years ago when moving to the area and prior to the suspension she was great. My LG loved her.

Anyway we were on holiday last week when my LG was due to return. The CM advised on 3rd September that the suspension had been lifted and back to normal.
I sent her a message congratulating her and she was already aware we may want to change the hours (to give more to the CM)
She told is to call her when we got back.

We arrived home Monday and called and text numerous times with no response.
We called an text tuesday again numerous times with no response.
I then texted another parent who advised her children have gone back to her and have settled in no problem.( as she has moved address, which she still hasn't forwarded to us)

I have since sent her messages via my partner's phone, facebook and email with still no response.

The CM was due to have my LG today as the first day back. My partner had to take the day off (he is self employed so has lost earnings)
We have now started looking for another CMbut until we find one we are happy with, we will both have to take time off of work (I have no holiday left so it will be unpaid).

So my questions are, if anyone has any experience of this kind

1. can we claim loss of earnings?
2. should we report this,if so who to?

She hasn't provided 4 weeks notice as per pur agreement but the biggest heartbreak is that my LG is asking for her and the friends she has made there.

Any advice would be greatly apprecited

Op. No one here can answer this, I'm surprised some people are attempting to.

You need to read her contract. Whatever it says in there is what will be applied by any court. Normally there is a clause that says there is no liability if the service is not provided or something.

Whatever you agreed to contractually tells you the answer to this question. People can't guess what you've agreed to.

LIZS, that’s a good point.

Has the childminder actually refused to provide care?

This is just one of many gaps in the information provided by the OP: hence the speculation being employed in an attempt to answer the OP"s question.

Hi

Just to clarify, we were told the reasons for suspension and it came to light that the CM hadn't lived at the address she was working from for 7 months plus other things. (again we supported her through all of this and didn't once judge or complain,which I feel we could have had a right to, however our LG was still happy going there and to us that was the main thing.)

I have been advised not to go to the property as it may seem agressive/confrontational behaviour.

I have also tried to contact her through childcare.co.uk and facebook but even now have had no response.

I would have accepted that she may not have space for my LG due to change in circumstances but would have liked the decency of a call or message after 3 years.

We were half expecting her to collect from the pre-school but she did not turn up.

We have now found a new CM but am still disgusted that she could not have just sent a message.

We have looked at the contract in detail and she has broken it so we are going to continue with SCC to try and regain some of our loss of earnings.

Thanks again for the advice, never heard of this kind of scenario before and certainly didn't expect yo be in it.

Sorry she hasn't refused to provide childcare her last message to us on 3rd September was that she was looking forward to seeing our LG "next week" and to thank us for all of our support

Have you tried calling her again? Lots of messaging, texting and social media, but have you actually picked up the phone and called her? Maybe try from someone else’s phone so she doesn’t recognise the number?

I wouldn’t waste my time going through SCC, just put it down to experience and move on. Even if you win, if the CM hasn’t got the money then you won’t see it.

What did you do for childcare when she was suspended? It sounds as if she was operating illegally as a cm if the care was not in her home. You need to ring or visit to find out what has happened.

Op, what does the contract say about limiting liability and consequential loss? I suspect it has a clause stating the CM is not liable for consequential loss, which is loss of earnings. I'd think that was pretty standard or every parent would sue their CM for every illness/unavailability.

You have to pay to file the claim so there's a reasonable chance you'll just end up out of pocket.

I can understand why you're so fed up, but I'd just let it go and move on - I think it's a load of hassle and I really doubt you'll succeed in your action. Obviously she's let you down very badly but I don't think you're going to get anywhere. All very strange though.

Perhaps she is in hospital?