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Discuss everything related to paid childcare here, including childminders, nannies, nurseries and au pairs.

Paying Notice After Safeguarding Issues

33 replies

amyvictoria · 11/01/2020 19:23

Hello,

I have recently taken my 11 month old son out of a childminders immediately after noticing signs of some safeguarding issues. However she is still charging me 4 weeks notice. I was wondering if I still had to pay this?

My son was collected from his childminders with dirty hands and face, he had a dirty nappy with poo in it that had caused him to have a nappy rash (very unusual for him to get rashes) and he also had a small wall hook with a metal part on it in his mouth, which she failed to noticed and I noticed it myself on pick up. She didn’t apologise on confronting her about his dirty nappy, didn’t offer to change him or give me the option to change him there either. She also laughed off the fact he had a choking hazard in his mouth.

Along with these safeguarding issues I have arrived at her property several times on the agreed time and she hadn’t been there with no communication to state her whereabouts. I had politely spoken to her about this, however it continued.

I have had advice from other childcare that if I am pulling my child out of childcare immediately for safeguarding issues I don’t have to pay the 4 weeks notice. Please could anyone give me any further advice on what to do?

OP posts:
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NoMorePoliticsPlease · 11/01/2020 19:27

Oersonally I would just pay and walk away. Do you need the hassle?

Soontobe60 · 11/01/2020 19:28

If you have safeguarding concerns you need to report it. The only thing that would concern me is the object in his mouth. Everything else is just part and parcel of being a child!
You need to pay up.

Thetellyisjelly · 11/01/2020 19:30

I wouldn’t pay no way !
But mumsnet is childminder heavy...
So the responses may be quite one sided.

TeenPlusTwenties · 11/01/2020 19:34

The issue I suppose with not paying is that then everyone would 'find' a safeguarding issue to get out of paying notice.

Wildorchidz · 11/01/2020 19:35

Did you report the issues to whoever she is registered with?

QueenOfTheFae · 11/01/2020 19:44

I wouldn't pay - as she has breached her contract with you to take care of your child

I would also report her to whatever body is relevant

ElluesPichulobu · 11/01/2020 19:49

are you sure you know what "safeguarding" means?

the hook thing is a mild concern yes but isn't a big enough deal to trigger this get-out- clause.

the thing about not having to pay notice if you are removing due to safeguarding is basically if something happens which means that as soon as the authorities find out about it, the place will be shut down. then you don't have to pay notice because obviously the childminder wouldn't be in a position of having an unpaid vacancy that you are contractually obliged to fill.

a childminder would not be shut down and banned from operating due to a toddler finding a bit of metal. so nope.

amyvictoria · 11/01/2020 19:55

Thank you for the replies, she is ofsted registered. I understand childminders need to make a living and I would always follow a contract and never deprive anyone of rightful pay. I understand some may see this as an opportunity but I have truly been left feeling very upset with the circumstances. I have had to find alternate childcare for my son and I’m a single parent. If I didn’t have these concerns I would follow the 4 weeks notice and keep him in the current childcare until the final date not risk paying two lots of childcare when funding is difficult anyway.

For those who have said this is normal, children should not be left in a dirty nappy to the extend it gives a rash. My son has never had a rash previous to this and it saddens me. I understand they may not always be noticeable but by the smells he produces at the moment they really are haha! Especially through the teething period. It also doesn’t take a minute to give his hands and face a clean, especially before pick up. If this was from messy play I wouldn’t question it, however this was muck.

Thanks again!

OP posts:
TippledPink · 11/01/2020 19:57

I had to report a childminder and withdrew my children straight away. I didn't say why I was withdrawing but she obviously found out when she was contacted by Ofsted. She charged her 4 week notice and I paid it, just wanted rid of her and a clean break without the hassle.

PotteringAlong · 11/01/2020 19:58

Dirty hands and face are really not a safeguarding issue.

misspiggy19 · 11/01/2020 20:01

**I wouldn't pay - as she has breached her contract with you to take care of your child

I would also report her to whatever body is relevant**

^This

GeorgieTheGorgeousGoat · 11/01/2020 20:01

Agree it’s not ideal and you’re certainly within your rights to leave if you don’t find her care satisfactory to you, but really this isn’t a ‘safeguarding issue’ and actually it’s quite insulting to real victims of safeguarding abuse concerns.

amyvictoria · 11/01/2020 20:16

I’m sorry but what if he had swallowed the metal hook? This certainly would be classed as a safe guarding issue. It would have been a hospital trip. Having it in his mouth is makes him at risk of this. It should have been noticed right away. Safeguarding is anything from neglect to severe abuse and I’m offended by your comment. Leaving children in a dirty nappy to rash extent is neglect. Having a choking object in his mouth without realising is neglect. Leaving my child dirty, especially from dirty off the floor on his hands which he puts in his mouth is neglect. This post is got support and advice. Not whether these are safe guarding issues. Would you like your child to be left like this? Because as a mother I certainly do not.

OP posts:
LIZS · 11/01/2020 20:20

Those are Health and Safety issues rather than Safeguarding. Have you followed her complaints process? If you withdraw without doing so you are likely to be liable for fees in lieu of notice.

GeorgieTheGorgeousGoat · 11/01/2020 20:26

I agree I wouldn’t like my child to get nappy rash or have got hold of a hook to put in his mouth, and as I said you absolutely have the right to no longer use her service. I still disagree that this is a safeguarding case, especially since they are one offs.

Thetellyisjelly · 11/01/2020 23:29

Of course it’s safeguarding.
If a little toddler was taken to a&e having swallowed / choked on a hook (even in their own home), you can bet your bum there would be a follow up call from social services. Perhaps a home visit to ensure the environment was suitable for a child. Because accidents happen, but people in sole charge of under 3s need to be vigilant when it comes to small objects because of the risk of choking.

QueenOfTheFae · 12/01/2020 07:24

I still disagree that this is a safeguarding case, especially since they are one offs.

One offs you know about

insancerre · 12/01/2020 07:35

I think you need to pay the notice period
Mucky hands and a soiled nappy are not really safeguarding concerns
The object in the mouth could happen anywhere and is part of looking after children

Clangus00 · 12/01/2020 07:53

As others have said, the hook is a H&S issue, not safeguarding.
Pay the notice as per your contract.

Jessbow · 12/01/2020 08:02

Safeguarding issues should be reported to OFSTED.

If you consider the issues are serious enough to do this, then by all means retain your 4 weeks money until a resolution/enquiry takes place. If OFSTED find in her favour- and they probably would as certainly 2 out of the 3 are not safeguarding issues - then you'd probably be required to pay anyway.

if you dont think they are serious enough to warrent reporting, then just take your child away and pay as per contract.

SMaCM · 12/01/2020 13:41

The health and safety issues are not great. I would have changed your child's nappy before they left - the rash can sometimes be linked to teething, but I would not have left them in a dirty nappy. The hook is unfortunate and I would reassure you that I had checked the safety of any other hooks etc in my environment. The dirty hands and face I would have offered to wipe before you left, but I would not be overly concerned about them, unless it was all the time. The not being there at arranged pickup time - was there any explanation for this? Stuck in traffic on the way back from the school run or something? Very annoying otherwise.

I would say with these examples, you should pay the notice, unless there is more to it. You could report her to ofsted, but they will just ask her for her risk assessment and details about how she works with parents.

Maryann1975 · 12/01/2020 16:06

But mumsnet is childminder heavy...
I’m really surprised to read this. I always feel childminders are in the minority and often feel that we are vilified and made out to be the worst option for childcare.

But, back to the op.

Having a dirty nappy at pick up and grubby hands and face are not really safeguarding issues on their own, especially as a one off. If a child Was constantly dirty, I’d be concerned, but at the end of a busy day, I’d not be too concerned and try to move past it.

The metal hook isn’t great at all and cm should have been very apologetic about this and reassure you that she would check the rest of the setting to check there weren’t any other small objects in reach of the babies. But, these things do happen occasionally, we are only human and although I am really vigilant about small pieces of stuff on the floor, very occasionally something will sneak through and catch me out (there was a button on the floor this week, probably fallen off a Christmas decoration and hidden under something and then kicked out to be found by a toddler later on).
It doesn’t sound like you trust your cm though, so I think you would be better to move on and find alternative care for your dc. But I do think a clean break would be better and think you should pay the notice period and move on.

Fatted · 12/01/2020 16:13

The hook in the mouth I agree with. You could always just not pay. She probably can't be bothered with the hassle of going through small claims.

I don't understand why you didn't just ring the woman if she wasn't at home?

If you think dirty hands, faces and unwiped arses are a safe guarding issue then you are not going to like it when you are your DC goes to school.

SMaCM · 13/01/2020 08:25

You could always just not pay. She probably can't be bothered with the hassle of going through small claims.

SMaCM · 13/01/2020 08:25

Posted too soon - she will have legal cover with her insurance to cover recovering money.