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Paid childcare

Discuss everything related to paid childcare here, including childminders, nannies, nurseries and au pairs.

Childminder breaching safeguarding

80 replies

Lis96 · 28/01/2024 16:49

I’d like to know if our childminder has breached the terms of the contract by withholding information and for breaking safeguarding rules.

my son has been going since October and has been happy there but sometimes I’ve not been happy with her communication. For example one time she posted a picture on social media of my son at a pet shop, and I didn’t even know she was taking him out (we expressed to her when he was settling in that we don’t like the idea of him travelling but we wanted to be informed).

anyway I have found out from someone that she has her adult daughter living upstairs in the house she uses for childminding. The daughter has bipolar disorder and has been sectioned before. So obviously we’re now petrified at the fact that she would not by law have to inform us about her living there, nevermind the concerns that my 3 year old son being in the same house as someone with diagnosed mental illness.

we would have never sent him there if we knew about this, and now we are withdrawing him immediately. I’m upset at the fact that I now need to find him a nursery and hope he can get started there straight away. But I also know how money oriented she is and she will probably say we need to pay her for next month as part of the contract.

Is the fact that she did not disclose this information, the safeguarding concerns, and also I doubt the daughter is DBS checked, will this be enough to say the contract terms have been broken, so we don’t have to pay.

In a final note, the person who told us this knew for sure that this was happening also.

There are 3 of them that are approved for childminding at the house and they have up to 10 kids a day. But unbeknown to us the main childminder and her husband leave at 3pm everyday, even though the pick up time for children is 5pm. I think some kids only do mornings so it may not be 10 kids that she’s left with, but it’s definitely over 5 kids and I think she only has a level 2 qualification

OP posts:
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KateyCuckoo · 28/01/2024 17:00

Lots of assumptions, no facts, yes you will still be liable for the notice period.

The childminder does not need to divulge her family's health information to you. Ofsted decide all that and you have no proof she doesn't have a DBS check.

Assistants can be left with children up to 2 hours so that sounds OK too. Possible too many children but again you don't know only guessing.

Childminders do not need permission form outings, in fact it's encouraged. Unusual choice of setting if you want your child kept in one place.

Simonjt · 28/01/2024 17:03

You do know that people with mental health conditions can and do work in nurseries. Lots of parents also have mental health conditions too, you possibly need to explore the fact that you yourself may have a mental health condition.

Marblessolveeverything · 28/01/2024 17:05

YABU, her daughter's private medical information is nothing to do with you. I very much doubt if DBS does a medical check on other family members.

She hasn't broken the contract you have so yes she is entitled to be paid for the notice period.

There are 1.3 million people in the UK diagnosed with bi polar and there is no law demanding access to medical issues when applying as a childminder. So you won't know who has it.

Bkjahshue · 28/01/2024 17:07

I think you’re being very dramatic about the mental health aspect which won’t help with this post and the replies you get but I’d expect anyone living in the home of my childminder to have a DBS check so would argue that it was a breach of trust and fair enough to terminate the contract with immediate effect as I thought part of ofsted registration is adults living in the yoke having a DBS

Eightfour · 28/01/2024 17:08

The daughter probably is DBS checked, I had to be many years ago when I turned 18 and my stepmother was a childminder. I can only imagine it’s got stricter. Her mental health history is no business of yours and your prejudice is showing.

Childminders do generally take children out and about. That’s their whole thing, you are putting the child in a more casual family like environment, although the arrangement sounds more like an ad hoc nursery.

I think a nursery will be better for you but I also think you need to unclench a little. The only safeguarding concern I can see is the photo on social media.

And yes you will have to pay her, that doesn’t make her money oriented.

PuttingDownRoots · 28/01/2024 17:08

Find a nanny. Thays the only way you can dictate everything about childcare.

KateyCuckoo · 28/01/2024 17:11

Bkjahshue · 28/01/2024 17:07

I think you’re being very dramatic about the mental health aspect which won’t help with this post and the replies you get but I’d expect anyone living in the home of my childminder to have a DBS check so would argue that it was a breach of trust and fair enough to terminate the contract with immediate effect as I thought part of ofsted registration is adults living in the yoke having a DBS

She doesn't know this, she's guessing, probably incorrectly as ofsted checks everyone over 16 living there.

Invisimamma · 28/01/2024 17:12

If you have concerns then remove your child and report to Ofsted / Care Inspectorate.

But the daughter having bipolar is neither here or there, if your child was in nurse you would not be privy to the mental health status of anyone working there, and they could have bipolar etc, it doesn't immediately mean they are a risk to your child.

ToastandJamandTea · 28/01/2024 17:15

You need a nanny or to look after your child yourself.
You might not like it but there is nothing in your post that indicates a safeguarding issue.
Her daughter will have been DBS checked and her private mental health is none of your bloody business!

2anddone · 28/01/2024 17:20

Childminder here 🙋‍♀️

The daughter will be DBS checked (we get sent an email at midnight the day if their 16th birthday and a timeframe it needs completing by)

Ofsted will have been informed about the mental health and deemed it ok for her to carry on working with her daughter in the house.

Trips are encouraged if you wanted your child staying in all the time you need to hire a nanny that you can tell what to do as even nurseries take the children out to town/park occasionally and not always with notice...you sign something when you sign your child up.

Childminding assistants can have children for up to 2 hours per day alone....how do you know that the other adults aren't just going out on the school run and it spans a naptime??

Childminders don't have set session times so children will arrive and leave throughout the day....I am open 7.30-4.30 and have 10 children every day on my own but never at the same time their hours are all different and a mix of afternoon, morning, wrap around and just school hours!

And finally...reread your post it's all hearsay and not fact....people report childminders all the time on hearsay and OFSTED have to come out and investigate it causing masses of stress and upset.....people like you who remove on the basis of hearsay without checking facts with the childminder first are the exact reason so many childminders now feel vulnerable and are leaving in droves!!

Whinge · 28/01/2024 17:20

But I also know how money oriented she is and she will probably say we need to pay her for next month as part of the contract.

If anyone sounds money oriented it's you, @Lis96 There's no safeguarding issues in the situation you have described, yet you seem determined to find an excuse not to pay what you owe.

Ponderingwindow · 28/01/2024 17:22

Not telling you who lives in the house, not telling you about outings, leaving the children with assistants without telling you the pattern, and posting in social-media are all things I would find absolutely unacceptable in a caregiver. I’m not sure that she actually broke her contract though.

I would never use a childminder though, because I find the entire setup inadequate. The casualness is part of what you are signing up for.

i even remember hating it as a child when my parents tried it for a few months. Thankfully they switched me back to nursery.

2anddone · 28/01/2024 17:22

But I also know how money oriented she is and she will probably say we need to pay her for next month as part of the contract.

Yes you will it's a contract YOU signed...childcare is not a bloody hobby!!! It's hard graft and we have bills to pay exactly like the rest of you!!

MayThe4th · 28/01/2024 17:25

You’ve got a difficult few years ahead of you if you continue to micro manage your child’s life like this.

the cm’s daughter’s mental health is none of your business.
if you don’t want your child going out “why not?” Then you need to look after him yourself. In fact I suggest you give up your job and home educate.

MrsKwazi · 28/01/2024 17:28

Do the poor childminder a favour and find your child a nursery.

SauvignonBlanche · 28/01/2024 17:30

Any household member over 16 has to have a DBS check so your concerns are unwarranted without any sort of evidence. The daughter’s mental and physical health is none of your concern especially as you’ve only been informed of this via a 3rd party.

Child minders are supposed to take children out and about activities!
it sounds like this sort of childcare provision is not for you but you either need to give the notice period in your contract or payment in lieu of this.

MattDamon · 28/01/2024 17:30

It's fair and reasonable to ask for proof the daughter is DBS checked. Your other concerns wouldn't be sufficient to deny payment.

Eightfour · 28/01/2024 17:31

Ponderingwindow · 28/01/2024 17:22

Not telling you who lives in the house, not telling you about outings, leaving the children with assistants without telling you the pattern, and posting in social-media are all things I would find absolutely unacceptable in a caregiver. I’m not sure that she actually broke her contract though.

I would never use a childminder though, because I find the entire setup inadequate. The casualness is part of what you are signing up for.

i even remember hating it as a child when my parents tried it for a few months. Thankfully they switched me back to nursery.

But at the same time I don’t know every member of staff at my child’s nursery and I know they on occasion use agency staff. I have no idea of the staff rota or their holiday schedule either.

They also take the children out to the local park but it’s weather dependent so not on a set day.

Only the social media thing to me is not OK but that’s because I don’t allow any photos of my child of social media.

Part of using childcare is that you give up a bit of control. If you want complete control you need to look after your children 24/7.

Dacadactyl · 28/01/2024 17:32

I'd be surprised if the daughters not been DBS checked!

The local authority also check to see if anyone living in the property with a childminder has ever been known to Children's Services.

LikeWhyThough · 28/01/2024 17:36

I find your post ignorant and offensive tbh.

Do you think people with "a mental illness" are all psychotic lunatics who shouldn't be allowed within 10 miles of any children? Because really, that's how your op comes across.

I am one of those people you deem unsafe. I have worked in childcare for 16 years. Just because something struggles mentally doesn't mean they aren't safe around children.

I realise I am projecting here, but it's attitudes like yours that keep the "mental health struggles = unsafe and incompetent" stigma alive and well.

Anyway, to answer your question, no, I don't think she has broken safeguarding rules because everyone in the house has to be declared, and DBS checked. However, I think you should withdraw your ds from her care as you are unhappy, and for some reason, think that asking someone to divulge their personal medical conditions is an OK thing to do. It's not.

Rainsew · 28/01/2024 17:47

But I also know how money oriented she is and she will probably say we need to pay her for next month as part of the contract

It's a business not a charity ffs, if you think because you pay her and because you're assuming she'll uphold the notice period (I would, but then she might be relieved to have someone so narrow minded and judgemental want to part ways and waive it) she's 'money orientated' then that's wild.

IDontLoveTheWayYouLie · 28/01/2024 17:49

Take your kid out and find someone out if you want, that's your choice.

The daughter will probably have had a DBS check.

I think you sound a bit 'I don't give a fuck' about mental illness though. Im pretty sure there will be a lot of people you know who have or have had a mental illness at some point. It doesn't make them crazy.

Onceuponaheartache · 28/01/2024 18:01

Wow...

You have no facts only hearsay

You are absolutely unreasonable to ban the CM going out with your child. They are literally battered by ofsted for not going out and about

You are moving your child on the basis of a total non issue and yet you expect not to pay the notice period...yabvvvvvu

May I kindly suggest you get a grip

WhamBamThankU · 28/01/2024 18:11

Remove your child and pay the poor woman. You sound incredibly intrusive.

Sillybert · 28/01/2024 18:48

Gosh, do the childminder a favour, hand your notice in and pay the notice period!

of course she is money orientated, do you think she runs a business on goodwill? How do you expect her to pay the bills?

The daughter will have a DBS check, all those over 16 living in the household do.

Millions of people suffer with mental health problems. Your doctor, your surgeon, teachers………..you get the idea. Just because someone suffers from a mental health problem doesn’t mean they’re a danger to be around and a safeguarding risk!

By all means, put your little one into nursery but don’t be surprised when they’re being cared for by others who have mental health struggles nor the ever changing staff due to the childcare crisis.