Paying Notice After Safeguarding Issues

[amyvictoria]

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?

She will have legal cover through her insurance and will set legal proceedings in process, if it goes to court you will then have to pay court fees as well as the money you owe and could end up with CCJ , she will not have to pay anything set this is motion

Children get occasional nappy rash when teething and may well do last minute poohs. Personally I'd suggest changing before he left....you cant leave with no notice for one off nappy rash.
Dirty face and hands.....again I'd wipe but sometimes the muck comes back....glue, runny noses, yoghurt and cereal are very persistent....you cant leave without notice for that.
Not being there on pick up time.....did you discuss it with her? Are you late collecting and shes had to go out?
The hook....a terrible thing that could be nasty.....but could happen in any setting.....did you do a formal complaint as per her complaints procedure? Once you do this she has 21 days to respond then if your not happy you report to ofsted who will look at what she has put in place to prevent it happening again.
If you dont pay she will take legal action as her insurance pay and do all the leg work it costs her nothing.

Hook in mouth was wrong and health and safety issue

As are a dirty face and hands and a dirty nappy

Why didn’t you ask where you could change your son

Nappy rash can happen in minutes - has before with my dd esp when teething. Clean nanny. They poo. You change and rash :(

You don’t sound happy there so move but you need to pay the notice

The childminder is unlikely to have to go through the hassle of small claims. She will hand the case over to the legal team at her insurer or professional representative body, and they will do the whole legal bit for her. It will take one or two phone calls and the cost of a stamp.

I don’t think this will fly as a complaint.

By all means phone Ofsted and tell them you have safeguarding concerns based on: a dirty face and hands; one incident of soiled nappy; one incident of nappy rash; one incident of a potential choking hazard in a child’s mouth (still not an actual choking.)

Ofsted are far too nice to actually laugh, and they’ll politely take all the details. But behind that professional telephone manner they’ll be doing the big eye roll.

I doubt you’ll have any success claiming the childminder breached the contract. That would probably require you getting a complaint to stick, and I think this is somewhat out of proportion.

You need to follow the childminder's complaints procedure in the first instance. If you’re lucky, she might make an admission of negligence in her response, or you could escalate to Ofsted if she fails to respond, which means she’d effectively catch herself out on a technicality.

I wouldn't pay because you will need that money to secure childcare at short notice with another setting as they usually ask for a month in advance! I'm going back to work next month and this worries me so much, I like the childminder I have chosen but I'm sure you were comfortable with yours at one point!x

I wouldn’t pay because you will need that money.....

The problem with this approach is that it isn’t a good legal basis on which to refuse payment, and it could end up costing the OP a lot more.

As already stated, the childminder is almost certainly able to pursue the debt at no cost to herself, win or lose. If the OP loses, she could have legal costs on top of the debt, plus debt collection fees if it involves sheriff's fees to go collect cash or goods. On top of which, her credit rating will take the most severe pounding imaginable.

I think she has two courses of action open to her. One is to follow the childminder's official complaints procedure, in the hope the childminder might accept some liability. The other is to rely on the Consumer Rights Act to limit the amount payable when exiting the contract. She’d be well advised to employ a solicitor for this. It’s just possible a solicitor's letter to the childminder's legal team/insurer might make them think it’s cheaper for them to pay the childminder as noted insurance settlement rather than get involved in a dispute. Or they/she might agree a reduction in the amount payable in consideration of the actual loss incurred.

@Lolacat1234....
Many many more people use the thousands of childminders in the country than the tiny percentage who have issues.....its also really really common for parents who want to leave to suddenly come out with complaints to justify suddenly leaving with no further payment....but the reasons are not followed through with proper complaints if the OP is worried about safety they should follow complaints procedure just like if you were accused of doing something at work you should not just be shown the door without right of reply....its a legal contract not an I need money so who cares.