Childminder issue

[Kayte16]

Hi all, I’m posting for some advice really. We booked a place for my toddler at a childminder to start in January - we paid the deposit (approx £300 - half a month childcare) but since signing up have since found out I am pregnant again and we won’t be needing the place

We let her know with over 4.5 months notice that we wouldn’t need her any more - plenty of time to find another child to fill the space

She said she would struggle with this - whilst we know it was a lot of notice we appreciate this may be the case so said if she couldn’t find someone else then we would use half the month we’ve paid for so we get what we’d paid for - she said this wouldn’t be an option either

How can she take the money for place yet also not offer us the use of the paid place either - it’s £300 it appears she’s trying to take either way?

Any advise would be welcome, thanks x

I think your childminder is in the right....thats what a deposit is for....she has probably turned work down to save a place for your child.....plus what with all the uncertainty at the moment due to covid I think it’s unfair to ask for the deposit back!
If this was a holiday and you cancelled then you would lose your deposit. I don’t understand why you would send your child for half a month....just to use your deposit...that is just so unsettling for your child.

Sorry you would lose your deposit with me too and I would not be offering care either to cover what you have paid you would have to pay for any care you wanted. My deposits are non refundable if you don’t take up the space or leave in first 12 weeks Parents sign to say they understand this, the deposit is refunded at end of care following 4 week notice period and no outstanding fees are owed. It also takes a long time to settle new children so they are happy and content, so I can understand the childminder not wanting to settle in your toddler knowing you are not staying and leaving anyway. Have you considered using her and send toddler while you are on maternity leave so you can have quality 1-1 with baby? The childminder would then be able to take on baby as well under continuity of care. It can be hard to find childminders with 2 spaces.

The deposit isn't payment for a childcare place, though many childminders will apply it to fees or refund it in some way if the place is taken.
It's insurance against the parent deciding not to use the place and also covers some of the work needed to prepare for the child starting.

Your own circumstances are unfortunate: you've been able to give a lot of notice that you no longer want the place, but she is within her rights to keep the deposit. Nurseries would certainly do the same.

I can't speak for childminders, but was in a similar situation with the nursery we'd signed up for and they were happy to refund the deposit in full as long as we gave notice, I think it was min 12 weeks notice. All the nurseries we looked at had a similar clause in their contracts and I know a couple of people who signed up with several nurseries knowing they could get the deposits refunded by giving notice in time. Did you have a contract at all?

No we haven’t signed a contract yet and only paid about 2 weeks and have given 4 months notice!! I just think it’s ridiculous as there’s so much time to find someone else to fill the place

If it's a non-refundable deposit then she is probably right to keep it.

However, 4 months notice is a lot.

It's a deposit, of course its non refundable. It no doubt sucks but you must have known that at the time.
Just write it off and move on. You may wish to use her in the future, and childminders definitely talk to eachother (understandably so). You don't want to be the Mam who changed her mind and caused merry hell.

Non refundable deposit here too. Would you expect a nursery to refund it too?

What did you think the deposit was for?

If you haven't signed a contract you haven't signed to a certain notice period or that the deposit was non refundable. I would expect it back, and I would expect the same from a nursery. They are taking the piss. 4 months is loads. They can easily fill that slot.

I am sorry you feel it’s a ridiculous but that’s the way deposits work just like if you were buying a car, booking a holiday the deposit would be lost as you have changed YOUR mind. Deposits are a paid to secure a service and in childcare to save that place for your child so the childminder or nursery does not continue to advertise the space or give it to some else. She would have turned away other families thinking she has now filled the space so your deposit now covers her lost income and re advertising costs.

May want to check the definition of a deposit OP- she’s perfectly right

That's kind of the point of a deposit - that it's not refundable if you just change your mind.

However, as there's no contract then I'd expect a refund. If she's taken your money, you should have had a contract outlining her refund (or not) policy

It was a deposit! She’s right, you’re wrong.

Why did you send a deposit without a signed contract? What do you have in writing? At the moment you have just sent a random person money, nothing more.

You don't need a fully signed contract to take a deposit - an agreement such as an email saying "I require a £300 deposit to hold your place" is sufficient.

@StellaGib

You don't need a fully signed contract to take a deposit - an agreement such as an email saying "I require a £300 deposit to hold your place" is sufficient.

But surely if that is the case there still needs to be a level of detail of what the deposit is for and the terms of that deposit to protect both parties. How is the service user protected in that case if the service provides changes the terms which the user thought they were agreeing to? Without clear t&c's surely the deposit has to be refundable?

Deposits aren’t usually refundable so surely the default is to assume it isn’t, unless there is another agreement in place.

I think the bigger issue here is that you've paid a deposit for something with no contract of what you've paid for.
I can't see you getting the money back due to that alone.

Appreciate the notice you've given her but a deposit is usually non refundable

I signed DD up to a before and after school childminder before Covid hit. I'm now pregnant and my work is now likely to be WFH 75% of the week forever so I could do school pick up and drop off.

As my maternity leave is rubbish - only 18 weeks we've decided to keep sending her to the childminder. Routine being one reason and also at some point I will have work meetings to go to so will need some childcare. I'd rather pay and have the place confirmed even if the odd day I decide to pick her up myself from school

www.gov.uk/government/publications/cancelling-goods-or-services-guide-for-consumers/cancelling-goods-or-services

I had a quick look at this and on the surface of it I would say because you have given so much notice the childminder wouldn't be able to argue that she won't be able to fill the place so you should be able to get your deposit back.

What are your plans now after no. 2? You obviously picked this child minder for a reason and are you likely to need her in the future or is there a wealth of childcare options in your area? You could ask to move the deposit for the two places you'll need in the future as a possible compromise.

Deposits are non refundable

4 months isn't that long to fill as space especially with Christmas in between. September is the main time to fill spaces with children starting settling 6 to 8 weeks before once you hit the end of September parents in the main are putting off looking until the new year if she has a space that could easily mean it won't be filled for 2 or 3 months

Any childcarer should be able to deal with this and it's surprising that the childminder's message has changed so abruptly. If your child is such a danger, he should be removed immediately.
I strongly suspect that something else has happened and the hitting is being used as an excuse to terminate.

What can you do?

Regarding the childminder, I think there is now a breakdown in trust between you. You could ask her what has prompted this and you can point out that he can't be that much of a danger if she's prepared to keep him for another month. I'm not convinced you'll get a satisfactory answer, though. Nor would I recommend trying to change her mind: it rarely works out in the long run, even if the childcarer is persuaded to rescind notice, because of that loss of trust between you.

For your child, the best thing to do is to immediately find an alternative. Your child really won't remember this and he'll quickly settle down elsewhere.
It is difficult to be given notice: it feels like a rejection of your child and of you and it can feel incredibly hurtful.
It's been a terrible shock, but try not to take it personally.

In your shoes, if I was unable to think of any other reason why I should have been given notice, I'd take the view that it simply wasn't the right place for my child and I'd find a decent alternative for childcare.
Are you able to terminate early? If you can, without being liable for fees, I'd do so, citing the "danger" aspect. You need to check your contract and discuss this with the childminder if it's an option for you.