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Paid childcare

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

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Original poster

Have signed contract with cm, now discovered something...

41 replies

cactuslady · 14/01/2009 07:44

Sorry, in a bit of a rush...posting this for a friend. She's signed a contract with a new childminder. Will be no driving involved, as cm can't drive.

Over the weekend, she spotted this childminder in car, with cm's dh driving, with her own three children in car obviously not wearing seatbelts - youngest is 7. She made some enquiries and discovered that it is well known that this cm doesn't usually bother with seatbelts for her own kids.

Is she justified in terminating her contract immediately? I say she is. CM saying that as friend's child will never be in car, she cannot and must pay for month's notice period. Child due to start on Monday...

OP posts:

Are your children’s vaccines up to date?

Set a reminder

thebody · 15/01/2009 22:02

she is breaking the law, i wouldnt want that example set for my dcs... if you had ever worked in A@E like I have and seen the concequences of a child hitting the windscreen you would certainly see rough handling!!!! wouldnt want her in charge of my kids...

cheezcurl · 15/01/2009 23:21

I don't think that not using seatbelts for her own children means she is necessarily a bad or unsafe childminder, but do you not think (gagarin) that it indicates the potential for poor judgment on her part? It would certainly make me think twice.

Tanith · 16/01/2009 09:46

She is NOT breaking the law. Her HUSBAND is breaking the law because he's the driver and it's his responsibility to see that the children are safely restrained.
This childminder doesn't even drive, so she may not think that seatbelt literature and training is relevant to her.

noonki · 16/01/2009 09:57

If either of my childminders didn't use a carseat with their children I would take them out of their care immediately.

I think it shows a big lack on her understanding of potential risk. If she is unable to see that having no seatbelts on increases the risk of serious injury of death of her own children what other things may she not do.

Also it is a sign of laziness. And who wants a lazy childminder.

If she hasn't thought the dangers of this through what about crossing the road (especially with a number of children in tow).

Childminders may pay more attention to other children in their care but not always by any stretch of the imagination. I spend a lot of time with childminders and some are unbelivably good and must have a second sense when it comes to their mindees and some are so apalling that I have complained to ofsted about them.

My kids woul;dn't be out in her care. The fact that her husband was with her so there were TWO of them to do the seatbelts opnly makes it worse.

HarrietTheSpy · 16/01/2009 10:03

I agree I would be concerned but not sure legally where you would stand if you broke your contract on the basis of something you thought you saw (playing devil's advocate here.)

Wouldn't someone just be interested if she were driving YOUR kids and they weren't wearing seatbelts? The incident didn't involve them, didn't occur when she was looking after your children or by the sound of it minded children, and in fact as another poster pointed out, she wasn't even driving.

I think you'd struggle to prove wrongdoing if she decided to take you to court over it.

But if there is a cooling off period in your contract then I would consider doing that if you are absolutely sure of what you saw. Otherwise, unfortunately, I do think that you're going to have to pay her notice period.

dmo · 16/01/2009 10:04

i understand that it is her husbands responablity but she is a mother!!!!!!!!!!!! and they are her children, if she is not on top of her children lying down the law of safety i wonder what say she has over her children at all, maybe they rule the house! deff wouldnt want my child in their home

wannaBe · 16/01/2009 10:06

IMO people are missing the point here.

This childminder hasn't breached her contract with the op. She hasn't put the op's children in danger. The op has cancelled the contract because her opinion has changed based on something she witnessed this cm doing in her private life.

Whether allowing her children to not wear a seatbelt makes her a bad childminder is a matter of opinion. Obviously the op is entitled to the opinion that she would rather not use this cm based on what she saw. However this is the op's opinion, and although she is of course entitled to cancel her contract with the childminder she is not entitled to do so without paying the required notice period as the childminder has not done anything wrong wrt her contract with the op.

noonki · 16/01/2009 10:09

I agree with that wannabe. (would still cancel and pay the 4 weeks or whatever)

coolj · 16/01/2009 13:43

Just adding my tuppenys worth. As a mother and childminder, surely it is drummed into us about risk assessing every situation. It is second nature to me and should be to every childminder. Prevention is better than cure and all that....

Like was mentioned before, a childminder is a Business and she should always behave like a professional outside of the home when she is off duty. Thats how, like in this situation, she is being spoken about in a negative manner.

I would certainly pull out my child giving the required notice. (and breathe.... )

thebody · 18/01/2009 17:42

agree with noonki, would cancel and take the hit, but I would certainly tell her why..
Tanith, if she doesnt understand seat belt literature then she must be very very thick...and she definatly wouldnt be able to cope with all the bloody EYFS paperwork

Tanith · 25/01/2009 15:06

I said that she might not think it relevant, not that she wouldn't understand it.

In other words, if she doesn't drive, she probably didn't think it necessary to attend the training or read the literature.

ChippingIn · 31/01/2009 22:11

I see this is over a week old now... what did you decide to do???

FWIW (now), I wouldn't let her mind my children as I think any adult (driver or not) that allows a child to be driven in a car without age/size appropriate car seat/seat belt is a fucking idiot completely irresponsible.

I would tell her what had been seen to be happening and I would explain that I no longer wish to have my child with someone who would do this, then leave it at that. I wouldn't pay her and I would let her take it further if she wanted to (in her position I believe most people would let it drop).

I know there is a feeling on here that what a CM does in their own time is there own business and largely I agree - but this blatant disregard for a childs safety... sorry, she's now made it other peoples business IMO.

juneybean · 31/01/2009 22:23

Bit off topic but how could she see that they didn't have seatbelts on

Original poster

cactuslady · 01/02/2009 08:07

juneybean- the kids were standing up in the back, there was no mistake, cm admitted that she "sometimes didn't bother with seatbelts for short journeys"

ChippingIn -my friend said the same as you would have, refused to pay and found alternative care.

Cm backed down and agreed to drop charge.

OP posts:

Karmachameleon · 01/02/2009 11:17

Cactus lady - Some CM's have health & safety policies, did she have one? From there you could assess what her general thoughts and feelings on health & safety are. If she doesn't have such policy, then maybe you could say that that also bothers you & therefore want to quit.

ChippingIn · 01/02/2009 11:25

I am pleased it was solved for her without too much fuss. Hopefully she'll be happy with the new CM

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