friend very let down by her childminder

[weejie]

hi there

I'm posting on behalf of a friend. She has had ongoing problems with her childminer, and I was wondering, under what circumstances can someone terminate a contract and what right does the CM have to keep a deposit?

Also, what higher authorities can a CM be reported to for some very clear lacks in care?

and can a CM be 'named and shamed' in any way, eg don't go here, we had a very bad experience type thing?

I don't want to go into details as this is not my story but I would like to help my friend know what her rights are.

thank you for any help!

why does she not just say she want to terminate her contract ,she will have to read her contract to see how long a notice she has to give to get money back.

she can contact ofsted/care commission and make some general enquiries i would think

i think given how bad things were she has absolutely no trust left and wants to CMs actions...

if the CM has done something so bad it that it could be reported to OFSTED then i am sure she can just terminate without notice.

i might be wrong though !

has she discussed the issues with the CM and given her a chance to make things right?

if my child had been endangered in some way by the person caring for her, i would terminate, and if i lost money, fine, at least my child would be safe

hmmm...not sure I can say more as its not my story..but yes, given repeated chances to make things right which actually only seemed to make things worse...

Reporting her to ofsted is the best thing to do here.I'm sure notice would not be required if the cm as done something that bad.

Hi Weejie.
I had a similarly bad experience with a childminder that left me with a very strong desire to make sure that nobody else had to go through what we went through.
The bad news is that in my case ofsted were less than useless. The encouraged me to make a complaint and then did nothing useful about it. The never visited the CM to see if my complaint was valid. I'm still glad that I did it though beause at least now if somebody else makes a complaint it may be taklen more seriously.
The good news is that bad news travels fast and most mums in the area now know what went on.
Hope things work out for your friend and that it doesn't put her off CMs. We now have a fab CM who just makes me realise how much nonsense we put up with.

thanks love2sleep

I feel like standing with a banner outside this woman's place shouting - dont go there! here be dragons! and other such stuff

bad news about ofsted though...

I don't think your friend would need give notice if the cm has done something really bad. Is what the cm has done so bad that she has breached the contract anyway.

Are you able to give any examples.

If the childminder has breached regulations, then they can be reported to Ofsted. If in Wales, regulator is CSSIW... Scotland it is the Care Commission. This must only be a complaint with regard to the care provided to a child, not about any money issue.
If there is any kind of dispute over money, then that will need to be settled in the Small Claims Court.
Contracts can be terminated as per what is written on that contract. If the parent is unhappy with the level of care, and is making a complaint to the regulator, they could immediately terminate the contract and not pay any notice period - the childminder would then have to go via Small Claims Court to obtain money under the notice period, and I would expect that court to take the regulators decision (did they uphold the complaint) into account.

it all comes down to reputation with childminders - you can advertise till your blue in the face but business generally comes via word of mouth - if your friends c/m has done something bad enough for her to lose faith in her then it is her duty to report her to ofsted - i would not want anyonelse to have to suffer - something has happened with my friend to make her take the kids out of the setting - my friend is very shaken up by the whole experience - i would say she should report it while it is still fresh/sore in her mind -
sorry she has experienced this - i hope it doesn't put her off using a c/m and that she resolves matters soon

she can call the national childminding association for advice

unfortunately my friend paid a deposit...is this usual?

i've never needed to charge a deposit - but i think it is normal practice if you want to reserve a place.