Not paying deposit/cancelling

[2021namechanged]

Not sure if I am in the wrong here, waiting to hear from the childminder at the moment.

Currently on maternity leave, due to go back in a few months. Selected a childminder based on location, facilities and staff I met. I have signed a contract but haven't yet paid the deposit (and haven't had it returned with their signature also). The deposit wasn't due to be paid for a couple of months

Location was important because I have to get to work for an early shift (no flexibility on timings, caring role where patients need to be checked). My journey to work requires using a high traffic area (think bridge/roundabout type thing) no other route around it. This location would have allowed me to clear this before traffic builds up, letting me drop off and have a short journey to work, getting there on time.

Have just heard from the childminder that they have changed location and staff, and it's on the wrong side of the roundabout/bridge. Technically it is closer to my home address, but will mean I will get stuck in traffic for an hour and cannot get to work on time. I also won't have met any of the staff/seen the new facilities at all. None of this was hinted at when I viewed and chose this childminder.

Am I within my rights to cancel without having to pay the deposit? It's not an insignificant amount of money to me and obviously I will need to find an alternative and pay a deposit there.

I don't want to mess them around, but the changes mean it just isn't suitable anymore?

Thanks for any help/views

Have you signed the contract yet with the childminder? As all my deposits have to be paid at time of contracting signing. If you have, what does the contract say? Most deposits are taken to secure your space and protect the childminder from parents changing their mind. My deposits are non refundable if the parents change their mind or leave in the first 12 weeks of contract starting .

I would say you dont. Contracts are formed with offer and acceptance. Surely that contract is now void as the terms she is offering have changed (location) so a new contract would have to be offered to you which you obviously wouldn't accept.

I have signed the contract, but the childminder hasn't.
It just says 4 weeks notice to cancel and the deposit will be used for that last 4 weeks fees. The deposit isn't due to be paid until the month before she starts, hence the fact we haven't paid it yet.

I was kind of hoping what Justice said, as I wouldn't have chosen this childminder if I had known the location would change as it has such an impact on my ability to get to work.

I think you are within your rights not to use this childminder as it is now not convenient for you. If you have signed but they haven't and you have not paid the deposit I'm sure they will understand if you explain that the set up no longer works for you. I hope you find alternative childcare.

As the childminder has not signed the contract I would say there is no contract so she can’t enforce the deposit. I would just contact her and say sorry your new location no longer works for me so won’t be taking up the space.

No of course you are not committed to that contract. The terms have changed - location and staff - so it doesn’t matter whether the childminder has signed it already or not. I would just email and say that in light of the new location you’re afraid you will have to withdraw as it is not convenient for work. They don’t have your money and a small claims court would rule in your favour.

Did you make it clear at any point to the CM that her location was important to you? If so the change of location is a significant change of the terms of the contract.

In regards to not meeting the staff neither you or the CM have control over staff members leaving their jobs. People resign for multiple reasons e.g. sickness, moving house, so stating you haven't met the other staff isn't worth mentioning.

Btw I never paid a deposit to my CM. However as she knows a lot of people in the area if I screwed her over I would have ended up having to travel out of the area to find another one. So make sure you explain clearly if she asks what you have posted here about the new location causing significant issues.

Thanks for the views, will just have to wait and see what the childminder says. Just can't afford 2 lots of deposits on SMP.

Have to admit I didn't explicitly make it clear that the location was important, I only mentioned it in passing and maybe that's my fault really. I did make arrangements to drop her off earlier though (with her agreement) so she knows my work situation with the start time.

It honestly doesn't matter if you didn't mention how important the location was or if the childminder has signed it. The contractual relationship no longer exists as she can no longer offer what was stated in the original contract. She would have to offer you a new contract with new terms (change of location etc) and it would then be up to you whether you accept that or not.

So she has changed location

Didn’t think of telling you this beforehand

Def don’t pay a deposit

She changed the terms. Not you

Whilst someone with more legal knowledge may say otherwise, I wouldn't have thought you should pay the deposit as she isn't offering the service you thought you were buying.

Thankfully she has agreed that I don't have to pay the deposit!
Thanks for the views, glad to know I wasn't being unreasonable about it all.

As a childminder myself, as she has moved house before you’ve even started she can’t expect you to just accept the change of location. Just tell her it’s no longer convenient for you and start looking for a new childminder. As you’ve not paid a deposit yet there’s nothing she can do about it anyway (deposits are normally taken upon signing contracts to secure a space). I’m sure she’d appreciate you telling her sooner rather than later so she could fill the space ASAP

@2021namechanged

Thankfully she has agreed that I don't have to pay the deposit! Thanks for the views, glad to know I wasn't being unreasonable about it all.

Good to hear it went well.