Childminder breached contract

[Gaeilge]

Need some advice please I have a PACEY contract with my childminder who suddenly terminated the contract without notice despite there being a 6 week clause in the contract.
She stated it was down to stress and said she couldn't do it anymore but I think it's because the council have received a complaint about her childminding.
What should I do in this instance who do I report this to?
I've already submitted a negative review on childcare.co.uk (which she asked my husband to remove strangely enough) just wondering where I should go to report the breach.
Any advice greatly appreciated.
Thanks.

What are you actually trying to achieve?

This is an individual, a human being here. It's not a factory employee

A factory employee is equally a human being and an individual. Agree of course with your overall point and am in wonder at the OP’s vileness

There is nothing to report. Care standards are reported to Ofsted, but this is a contractual matter and Ofsted don’t regulate contracts.

Your childminder says she has to terminate on medical grounds, ie stress. Unless you have any solid evidence to the contrary, just accept she is telling the truth. So, she would like to continue working but is unable to and has a duty of care not to work for children whilst unable. That indicates she is a mature, responsible adult who doesn’t deserve to be traduced as you have done. It also means she has not "breached" the contract, but has terminated through a legally acceptable process called "frustration of intent."

You can call Ofsted if you wish to check whether she has been suspended following a complaint. It is exceptionally rare for them to suspend anyone without an unannounced inspection taking place first.

The council will not have received a complaint as its over a decade since local authorities had anything to do with the regulation of childcare.

Those are the facts, the following is merely my opinion. I doubt your childminder woke up one morning and decided it would be a jolly jape to stop earning a living just to stitch you up. Your childminder told you she had a medical condition and you instantly disbelieve her. That is callous. People who assume the rest of the world is lying are usually those who are themselves so used to being dishonest they expect dishonesty from everyone else. You don’t believe your childminder; you don’t trust your childminder; you think she is so bad that she’s attracted a complaint so serious that she’s been forced to close... and yet that is whom you leave to care for your child. Says a lot.

i think your childminder has stress, and I don’t think we need look too far to find the cause.....

She's either ill or worried about a complaint, and you leave her a bad review? Aren't you lovely OP? Of course you're upset you've been left without childcare but even childminders are human you know? If you'd been nicer about it it's likely she could've helped you to find an alternative but I'm fairly sure you've just shot yourself in the foot thanks to your horrible behaviour. Didn't you know childminders warn others about unpleasant parents?

Good point MinTheMinx, there are a few parents that are blacklisted in my area!

Contracts exist to mitigate losses for either party in the case of nonfulfillment. So, you could take her to court to recoup some money if (for example) you had to take a unpaid day to look after the children after she terminated the contract without notice.

Otherwise there is no recourse, it's a civil matter.

However, I do think some of the previous posters are being unfair. It's a two way issue and I don't think the childminder would be happy if you were to leave without notice.

If she has had a council complaint it will be noise, parents blocking access as they drop and pick children, nasty neighbours hearling abuse all very stressful for the poor woman and nothing to do with her care. Childcare is extremely demanding with long hours an 11 hour day without a break is not unusual add to that stress of neighbours and it's easy to see why she cant cope it's not a decision made lightly but shes been honest in ending things and not carry on which would be letting the children down. Treat it like any other illness and move on....one day you maybe in her shoes.

Interesting that the OP never came back....

Just in response to the comments about Ofsted not regulating contracts, whilst that is true if the reason the provider gave for terminating a contract is to do with stress it does indicate potential suitability issues with the provider so it can be raised with them.

@28JaneO1297 how does a contract dispute effect suitability? Her stress and health does but it dosent mean she hasn't declared it to ofsted already and maybe following medical advice by reducing her workload. Reporting her would not benefit the op just increase the cms stress. Of course the cm could also be acting before she needs to get medical treatment there are times when we all know we are doing too much and could be I'll if we dont stop or cut back. If this is the case she does not need to inform Ofsted.

@jannier I was typing in a rush so my message didn't make much sense reading back. A contractual dispute doesn't affect suitability, but if the provider is saying she cannot care for a child because she is stressed then concerns of that nature can be raised with Ofsted as it may indicate concerns about the cms suitability.

Whilst it wouldn't benefit the op, I am just saying that it can be raised with Ofsted because people are providing incorrect advice.

If the provider is taking the appropriate steps with regards to their health then they needn't worry about Ofsted.

To be fair, it’s not clear from the op what the exact situation is. I took it to mean the childminder was too unwell to work at all, but it could instead mean she just needed to give notice to individual clients in order to reduce her numbers to something more manageable. I think each of those situations could require different responses in terms of notifying Ofsted.

This and other relevant information is missing, and the op doesn’t seem keen to come back, presumably because she didn’t get the widespread applause she expected for her level of nastiness.

Just in response to the comments about Ofsted not regulating contracts, whilst that is true if the reason the provider gave for terminating a contract is to do with stress it does indicate potential suitability issues with the provider so it can be raised with them.*

@JaneO1297

So what you're saying is that people should report the CMs mental health to a regulatory body?? With what aim? To punish her for struggling with stress? To discriminate against those with MH struggles??

The CM has already taken steps to address her stress, why you think the involvement of Ofsted would be a good idea is strange.

It was world mental health day yesterday, have some compassion.

@SkinRash I have plenty of compassion, especially for those with mental health issues (as I suffer myself). But yes, the regulatory body should be aware of concerns about a providers mental health.

It is not punishment or discrimination, Ofsted should be aware if a provider has had a change in health particularly if it is mental health. Like I said, if the provider has taken the necessary steps to ensure the children in her care are not affected then Ofsted aren't likely to need to take any further action.

I also never said it would be a good idea, I simply said that it is a concern that Ofsted would log.

Yes and you (as the parent) don’t know that the CM hasn’t informed them. In fact you (the parent) know nothing whatsoever about the situation. It’s the cm’s personally medical details (or not) to disclose (or not).

@GeorgieTheGorgeousGoat was that directed at me? If so I am not a parent, I worked for Ofsted so I know what can and cannot be raised with them as a concern.

But yes, the regulatory body should be aware of concerns about a providers mental health.

But why? Cms have to be given the autonomy to decide and risk assess their own business and parents have the right to decide if they're happy with the care.

Do you realise that a huge percentage of the adult population is or has suffered from a MH issue at some point in their lives??

Why are childminders treated differently??

Extra stress like Ofsted becoming involved when someone has already recognised the need to make changes is absolutely unnecessary and frankly dangerous.

How would you feel if the person took their own life due to growing pressure and stress?

My message was as a response to what you put but I’m not saying you are the parent, I’m saying ‘the parent’ has no idea about what the Cm is or is not suffering with. Someone being stressed and unwilling to continue caring for a certain child is not the same as a clinically diagnosed stress condition. The other being something the Cm would alert ofsted to by herself.

Unfortunately cms do have to declare a wide range of personal things that no other childcare worker has to cms also suffer inspectors routing through private cupboards and rooms no child or parent has access to one cm had her husband on night duty so asleep at inspection she did not use her upstairs but the inspector insisted on entering the bedroom unannounced incase there were hidden children or weapons. Illness to self, family etc have to be declared and even sen children who turn into adults can alter suitability in the eyes of ofsted. Its a nightmare if a cm or family member gets any significant illness as along with being I'll they dont know if they now are out of work.

So this lovely professional lady with whom you were comfortable to entrust your children to is under stress, and you think she may have had a complaint against her, and now you want to stick the knife in and turn it, what a charming person you are. If the children are only half as nice as you, I wouldn't enjoy their company. I wonder who might have complained? As other posters have said, why would you want her to continue, or are you looking for some sort of compensation.

I'm guessing that if you know there was a report made against her, it was you that submitted it.

Ever hear of cutting off your nose to spite your face OP?