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31 replies

BathJ · 07/06/2010 21:46

Hi, I've never blogged before but I'm so fed up and angry that I have been spurred on to do so! We were recommended a childminder who ofsted rated as 'good' and who had glowing references, she seemed nice and we provisionally signed up when I was pregnant. We agreed that I would call when my baby was born which I did and we signed contracts. At this point my childminder said that she would hold the space for my son for a holding fee, £500, which would go towards the childcare fees that we accrued during the settle in period and over the first few months. We felt that was fair enough and that we were led to believe that this was the done thing? Anyway, all was fine until the settling in period when my son really didn't settle in very well and the childminder really didn't look very happy with the situation either, she was obviously stressed out. She looked after him at home and took him for a drive on the school run

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booyhoo · 07/06/2010 21:48

was that the end of the post or did you hit create by accident?

BathJ · 07/06/2010 21:52

and that appeared to be it. He just couldn't settle. I was prepared for this as it taken my friends babies varying amounts of time to settle in and with lots of tears everyday. However, after not very many hours of settling in and into the second day of my return to work my childminder said that she felt that she couldn't look after my son any more and gave me a days notice and said that she would seek advise from the nmca as she felt it was unfair to return the money that we gave her, in good faith towards the childcare fees. Am I being unreasonable to think that this is wholly unfair and that infact the ncma contract only protects the childminders and does not protect the parent in the event that the childminder cancels the place as she 'held open the space'. It does not seem right nor fair to me. I just wanted to warn others, just incase this happened to anyone else.

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frakkit · 07/06/2010 21:53

Okay, so far retainer fee is normal and nothing seems wrong. I suspect you didn't finish typing before pressing post?

Fruitysunshine · 07/06/2010 21:56

How much money do you think has been unused in childcare fees?

BathJ · 07/06/2010 21:56

created half a post by accident - it's been a long day!

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booyhoo · 07/06/2010 21:56

ok, i get it. if i am understanding right then she has only had him for 2 days before saying she didn't want him anymore?

did she give reasons why she couldn't look after him? how old is he? tbh unless he is majorly difficult to look after and she has other mindees to look after, i dont think she has given it long enough.

frakkit · 07/06/2010 21:57

Ah right.

Retainer fee or deposit?

Retainers are non refundable and hold the space open because the childminder can't make any income off that space in the meantime. Deposits are held against non-payment of fees and are refunded or counted as the last months payment.

So what exactly did you pay? And have you checked your contract carefully?

A day notice seems rather short. Most contracts have longer notice periods for both parties.

booyhoo · 07/06/2010 22:00

am i right in understanding that you didn't pay a holding fee but rather an advance on childcare fees? is this what you are wanting back from her?

stripeyknickersspottysocks · 07/06/2010 22:00

How many days did she actually look after him? Was it just 2 or did he go a few times before you went back to work.

Was this her last space or has she got plenty of space and is taking the piss? How long did she hold the space open for?

I dunno, I suppose from her point of view if she has lost out on another potential child maybe it is fair. But initially it seems wrong. Will be intersting to see what the ncma say, can you contact them yourself?

BathJ · 07/06/2010 22:02

She had him in total for about 6 hours and said that it was difficult for him to settle because he was 9 months old. There is two boxes on the form, she ticked the deposit to be used towards childcare costs. I think that it is the principle at stake, 6 hours isn't a very long time? The contract states a 4 week notice period for both parties, essentially the contract was broken. I completely understand that the place was saved for him, but, it seems a very quick turn around?

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booyhoo · 07/06/2010 22:04

6 hours is not long enough for a settling in. she didn't even give it a chance.

frakkit · 07/06/2010 22:05

6 hours is madness.

I would contact the NCMA for their opinion.

BathJ · 07/06/2010 22:07

I'm going to contact them. It;s difficult, I can see where she is coming from and understand her position. I just really didn't give the fact that he wouldn't settle as second thought as it didn't even occur to us (he's our first) when we signed up. It's been a harsh lesson to learn, but I'm glad he was only there for 6 hours.

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atworknotworking · 07/06/2010 22:07

Ok 6hrs is not very long is it. did you not go with DS before this to visit?

I think NCMA contracts have a no notice clause if its still within the settling in period. Check your dates of when the full contract is due to start, and the settling in dates.

OldLadyKnowsNothing · 07/06/2010 22:08

She certainly has broken the contract, and tbh I'd expect the whole lot back in the circumstances. If I were that CM (I used to be) that's what I'd do.

BathJ · 07/06/2010 22:08

Thanks for that, feel much better after letting off steam!

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stripeyknickersspottysocks · 07/06/2010 22:08

In that case I'd threaten her with small claims court. It was a deposit not a retaqiner, she has broken the contract. Basicly sounds like she's robbed you for £500.

shoshe · 07/06/2010 22:08

6 hours, 6 hours, bloody hell I had one that took 6 months to settle properly ( a darling now at 2.5) she really didnt give it anytime, and if she has ticked the box for deposit against childcare cost, I would rather think you are due back the amount of childcare you have not used.

Sounds to me as if she got a better offer on the space and took it.

Very very unprofessional, please dont believe all CM's are like this most are not.

Who recommend her, could ou ask them what she was like with them?

BoysAreLikeDogs · 07/06/2010 22:08

good grief 6 hours is nothing

yes, ring NCMA and get advice

I am sorry you have had such a bad experience

Lionstar · 07/06/2010 22:09

6 hours!!! She is taking the piss.

SKYTVADDICT · 07/06/2010 22:10

I am a fairly new CM but believe if you paid a retainer (to keep his space) then it would have been ticked as such on your contract. As it hasn't and it was a deposit against childcare fees that she ticked then it should be paid back to you as she isn't doing any caring!

Also she hasn't given a 9 month old long enough to settle in.

You should contact the NCMA direct just to clarify.

nannynick · 07/06/2010 22:16

She had him in total for about 6 hours and said that it was difficult for him to settle because he was 9 months old.

Well of course it will be difficuly, that's the hardest age to get a child to settle. 6 hours does not seem sufficient... if it was after say 2 weeks, 4 weeks, then that's another matter... but 6 hours does not sound as if she tried to me at all.

If the contract says 4 weeks, then you should have got 4 weeks notice.
NCMA is there for Parents as well as Childminders, so you can call NCMA and ask them about the terms on the contract (especially if it is an NCMA contract). NCMA: 0845 880 0044 or 0800 169 4486 - Not sure which number would be best.

NCMA Website - Settling In Period
"It is perfectly normal for the relationship between the child, the childminder and the parents to take a while to settle down. NCMA recommends that there is a two- to four-week settling-in period, and that this should be noted in a separate area of the contract. If the child is unusually unhappy during this period, the contract may be ended without the usual notice period."

Have a look on the contract, is there a separate section on it about settling in period?

pippin26 · 07/06/2010 22:16

the minder should have been offering you pre-contract settling in sessions so your LO and her could get to know each other a little and LO to start familiarising with the setting.

6hrs is not a long time for settling in sessions at all. And no i agree with you that if you have stumptd up £500 for 6hrs childcare then yes I would be wanted a refund of somesort too. As a minder I would be offering at least half back - but that is just me.

BathJ · 07/06/2010 22:19

Thank you so much for all of your advice; much appreciated.

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Danthe4th · 08/06/2010 08:35

Whereabouts are you as someone on here may be able to help you.
9 months is a fairly normal age to start with a childminder after mum has been on maternity leave, she sounds very inexperienced and it shouldn't have happened, perhaps she is making excuses and had a better offer!!

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