Rights if childminder gives short notice on one child but not the other

[Nn2024]

Asking for a friend here who in honesty is now really struggling mentally ..

She uses a childminder and her little boy has been there for two years. Her little girl started last week after a couple of settle sessions. Last Wednesday after just two days the childminder advised her her neighbour had told her to "shut that kid up" and thus is the baby continued to not settle after just one more week (so two weeks allowance only) she wouldn't be able to look after her.

Given she was back at work and had little option (because it also didn't feel like her child would settle after just another week) she spoke to other nurseries available and has now found a place at a childcare provider but in three weeks.
She chose to pull both kids out of the childminder noting she needed to take unpaid leave (to look after the youngest child the childminder didn't want to allow any time to settle). The childminder has now threatened her with legal action because she says she still needs to pay the four week notice period for her eldest (even though all this has ultimately been caused because of her).

Worth also saying the childminder was originally booked to start childcare for the youngest three months ago...due to breastfeeding and other things this was delayed by three months and the mum was advised by childminder she needed to pay (in cash) to hold the kids place so she has already paid a huge amount to the childminder in question who has given no care.

Would really appreciate anyone who can give any view on where her rights stand on the debt collection letter she has received from the childmonder.

I mean, technically the cm is right on both counts but I hope they come to an agreement.

Did your friend actually sign a contract with the CM?

I had a similar experience with a shite CM who never actually gave me a contract to sign so I wasn't in breach of anything.

That sounds right it isn't the cm fault the child isn't settling. I assume Cm contract sets this out.

Sounds right to me, two children two different contracts, your friend still needs to pay in full for the older childs notice period. The younger one may have had a clause in the contract stating either party can give immediate notice in first 4 weeks with no fees to pay etc .

I agree with the CM here. She tried with the daughter and it didn't work out. She still needs paying for the son as she won't be able to fill his place immediately.

It's fairly standard in any childcare contract once start date agreed the parents pay for the space even if they delay the start date some times in full some times half fees and this money does not count towards any future fees. If your friend does not pay she could end up being taken to court and having to pay those fees too.

She hasn't exactly tried very hard. It's been a week and the second child is a baby! Totally normal for her to need more time to be properly settled.

She hasn't exactly tried very hard. It's been a week and the second child is a baby! Totally normal for her to need more time to be properly settled.

It's been two weeks, and the CM clearly knows that this isn't going to work out for whatever reason. CMs have to think about all the children in their setting and it's clearly defecting them also. Doesn't detract from the fact that she still needs paying her notice period for the older child.

The childminder is perfectly entitled to do these things she's following the procedure. Did your friend really expect her to hold the place for 3 months without payment ? She needs to get paid just like everyone else !!!!! Childminders arnt there to help you out and do you a favour. They are a business just like any other.

Thanks for all the comments. I get that they need to be protected but it's a pretty shit situation for the mum....no notice to have no childcare when you need to go back to work and all nurseries are full....they don't exactly outline to you when you sign up that if your kid doesn't settle quickly they have to terminate with no notice and it's not like you'd leave one sibling in the setting when you've got to find alternative arrangements for the other...and still juggle work 🙄

Why I avoided childminders and in fairness now she is! Lesson learned I guess.

Well it's equally unfair for the childminder, she's lost her income and a mindee of 2 years just because a new mindee hasn't settled. What's she supposed to so?

Most babies do just need time, but equally in my 15 years I can now tell which ones will never settle. I once had a baby who cried so hard and loud, she made herself sick multiple times a day, couldn't be put down at all, didn't sleep and didn't eat or drink. Literally cried in panic for 8 hours every day. Mum tried a nursery after me and eventually had to give up work. Child is now in reception and is still a very high needs child, not particularly settled at school.

What does her contract say? I would imagine it says she has to pay the notice period for the older child. Your friend withdrew him. There was no issue with him remaining there. I know people who have their children in different settings.

In terms of the baby, does it say anything in the contract about how much notice the CM needs to give. Because if it says 2 weeks then that's what your friend agreed.

Have you read the contract....pacey contract have a settling in period where either party can withdraw immediately.....if the parent didn't read it that's down to them....
As the baby's start was delayed how did the parent choose to work with the cm in this period to ease the transition did she ask for short sessions etc?
The cm can't hold a space for months without pay....could you afford a 3 month short pay?
The children are on separate contracts

You sound angry with the childminder for giving notice .
Children/babies also need to be ready for childcare . Children/babies are all different and some will never settle away from parents. Most do settle . But as others have said the childminder has a duty to ALL children at the setting . A crying baby who wants/needs to be held all the time will stop her from providing care for other children.
So if planning childcare :
ensure your baby can be put down to play or nap without you holding them . Of course the childminder will cuddle and hold them sometimes .
Leave your baby regularly( for short time) with partner , grandparents etc so they are used to this .
There are bad childminders and bad nurseries - a crying baby died at a nursery when staff strapped her to a bean bag to sleep .

Tech the cm is correct if that's what contract says

Tho 2w isn't a long time to try and settle a child

Can I just point out that in your opening post you state that the childminder has been spoken to by her neighbour which would indicate that the baby in question must be really struggling to settle at all. I am a childminder and I have had difficulties with some children when it comes to settling them in and I always try to be mindful of the other children's experience when introducing a new and very unsettled child and of course my neighbours.

As others have said two separate children and two separate contracts. This type of situation is something that all parents should consider as not all children settle, some take longer and for some they just won't settle in certain environments for no unbeknown reasons.