Childminder advice

[Fabsmumy]

Looking for some advice please. I found a childminder for my 4 year old and the long and short of it is she only went once and I stopped her after due to safeguarding issues and the child minders unprofessional manner. I’ll start at the beginning…
we weren’t offered any settling in sessions which is unusual so I asked if the minder could have my daughter 2 days on the trot so that she could get to know her/ her setting. The second day she said she was only available from 12 which I was fine with.
the Minder seemed in a hurry to get me to sign a contract on the first day which I did as my daughter seemed happy. We discussed the days/ hours then I signed. Later on that day (my daughters first day) when I collected her the minder asked me if I could not do one of the contracted days as she wanted to do some casual minding for another child. I said it was essential I have that day and she backed down. The following day I text her (1 day after signing contract) and said if that day would be a problem I was happy to cancel and put my daughter in nursery. She reassured me it was ok and we left ot at that. Half an hour before I was due to drop my daughter off she text me asking if she could drive my daughter to the next county in a 40 minute car journey to have lunch at her partner’s restaurant. I refused point blank.
my reasons were

1. it’s not a child focused activity
2. it would be my daughters second time in her setting so neither of us know her
3. the fear of her having an accident in the car
4. going to her partners workplace posed a huge safeguarding concern as my daughter would be around other adults who ive never met and I have no idea if they have enhanced disclosures.

the childminder tried to claim my funding for the next term from the council but thankfully they have refused. She has now sent me a bill charging me for 6 weeks. My daughter only spent one day with her.
im not paying it. Any advice?

What does the contract say about notice periods and paying? I don't blame you for not being happy with the setting but it depends on what you agreed.

It says I need to give 6 weeks notice. I’m considering making a complaint to ofsted. Can that sort of behaviour be acceptable?

I'd definitely make a complaint to ofsted. Check the terms of your contract. I'd be tempted not to pay anyway, just the hours you have used.

I wouldn’t pay. I’d leave her decide if she wanted to try to take me to court after one days care and such unreasonable behaviour!

i will be making a complaint to ofsted it makes me wonder why she sprung it on me 30 mins before she dropped my daughter off. I’m wondering if she just takes the younger kids who can’t communicate with their parents but with mine she figured she would probably tell me as he language is very good.
there was no hourly rate in the contract as she was going to claim my 30 hours funding but now she’s charging me by the hour at £5 and also she is charging me for a full day on the day that she would only be available after 12. No where in the contract does it say she can do that.

I'd just pay her for £5 per hour for however long she had you little one, no more. Like pp said, let her decide if it's worth taking you to court. I doubt she'd be successful anyway, especially after her unprofessional behaviour.

I would pay for the day you've had and nothing more, then just ignore. I don't think she has a moral case and I think the legal case is prob not worth it for her anyway.

I think she's been crap and flaky, but I also think your reasoning around the restaurant trip is a bit shaky too. My childminder (school age DC during school holidays) takes them for a mix of child-oriented trips and errands etc which suit her, including where other unchecked adults are present, and I think that's fine and normal. I get why it's a crap day 2 plan, and I agree her handling of it was poor, but I don't agree it's a crazy thing for her to want to do. My cm often picks mine up in her car!

@dandelionthistle i understand with older children and once you have built a trusting relationship but this was the second time my daughter was going to be with her and she’s only 4!

Yeah, my cm has also had mine since the youngest was 3. As I say, I completely get that it's not appropriate on day 2 (and the fact that she either couldn't see this or didn't care is a huge red flag), but I would personally avoid making a complaint calling it a safeguarding issue because there would be other adults you don't know in the restaurant and because you're worried about her crashing the car. I would just walk away.

I hope you can find a better arrangement - good cms are invaluable but there are definitely some who are in the wrong job!

I think you should pay her an hourly rate for 1 day. For the 2nd day - was she willing to mind your daughter after 12 after you said no to the restaurant? If so, I think you should pay for that day/afternoon too. And potentially notice fee too.

If she said she couldn't mind your daughter if she couldn't take her to the restaurant then I think it's fair to just pay the day 1. And her cancelling at short notice means she failed to deliver on the contract so she breached and you shouldn't pay notice.

I agree restaurant is not a good 2nd day activity, but I don't think it's a safeguarding risk - your daughter would have been supervised around adults, same as if she took your daughter to a playgroup. Would the CM have been driving your daughter to activities usually? If so and you've agreed or consented to that, I think the driving is a red herring too.

Ultimately the trust has broken down and there should be a reasonable compromise- paying a day or 2, perhaps a week, given the short time between signing contract and terminating arrangement

Ok...
Settling is normally done after a contract and deposit is paid.
Contracts often have a clause saying either party can walk away in an initial trial period.
It's an odd plan for a new child you don't know possibly there were things to do at the restaurant.
It's normal for CMS to do outings it takes 30 to 40 mins to get to some places near me but that fits with naps etc ..I don't ask permission for each outing it is discussed when I meet parents ....there is no safeguarding concern you don't know the children would be left unattended with other people....so nothing to report to Ofsted.....you could do a written complaint to her explaining why you felt the activity inappropriate she would then have to respond in writing.
Personally I would have met you several times before contract signing and settling which would take around 3 times...child dependant....so lo would have visited me 6 times or more before starting but then as I'm obliged to make sure new children don't impact on care of others I would be going to activities and groups if that's what the others needed, you would have signed permission forms before starting and if it was an issue not got as far as settling.
I wouldn't ask you to change a booked day without a very good reason like bereavement if I'd already made a commitment that would be discussed before you started.