parent refusing to pay childminder

[calmlychaotic]

I have been minding a child who caught headlice from his sibling, I told parent and they said they knew the sibling had it and they would treat both. with their agreement I treated him too. my treatments where effective and he would go home with no lice but come in next day covered, and they where adult lice so it wasn't just eggs hatching, (sorry to make you itch!)

this went on for 5 weeks, me my family and other children caught it. other parents started to get annoyed I wasn't getting it resolved, parents of a very young child said they would leave if it carried on. so I warned the parent again in line with my policy that I would exclude their child in a weeks time if there wasn't at least a marked improvement.

he came in the next week with even more so I sent him home. parents where not happy said they needed to go to work and I was dropping them in it and why couldn't I just treat it.

they had had plenty of warning! they kept him off all week didn't reply to calls texts so I never knew if he was coming in or not, he did 3 days a week. they finally replied to say he would be back next week but then didn't turn up and I didn't hear from them. I finally got hold of them by calling emergency contact number and they said they had left and found alternative childcare I said you can't just leave there is a month notice period plus they didn't fully settle the previous months bill. in total they owe 200 from last month for childcare they have actually had and 400 for a months notice. I have not charged them for the days I excluded him.

they say I illegally excluded their child and they are not paying my anything. I agreed to waive half the notice period but they won't pay a thing. although what I have done is in line with my own policy I am not sure I actually can legally exclude for headlice. I turned someone else away to take this child and I will never replace with such short notice. I earn very little in this job and 600 is a massive hit. I am not a member of NCMA.

If it helps, you can'[t exclude from school for headlice. However, if it is coupled with other things & consistently not being treated it can be a cause for concern & SS can be notified under safeguarding. Can't say how you can be 100% sure your treatments were effective, the only sure way is to wet comb with a nit comb every day & for everyone including you & your family to do this.

However, if they have had childcare & not paid then legally they have to so go through your procedures & chase them up for it.

thanks redHelen. I know school can't exclude which is what makes me think I probably can't either. its difficult though as school age children are less huggy and I can see where the other parents are coming from not wanting to have to treat a 4 month old.

I was wet combing everyone with a nitty gritty comb daily and he would go home bug free but come in next day with them and over the weekend would get loads.

my procedure is just that after 10 days I will seek legal advice. I was hoping never to have to and I am not really sure what next step is. its not a massive amount of money so getting a solicitor would I guess not be worth it.

I'm a childminder and as far as I am aware,you as a self employed person providing a service should have policies that set out your terms of service which the parents should sign when starting with you so I think if you have a policy stating you will exclude for headlice and you then followed a procedure warning you would exclude if no improvement was made then you haven't acted illegally? You can set your own rules you are not the same as schools,I exclude for conjunctivitis if not treated as I don't want to Catch it,it's one of my policies! So long as the parent signs at the beginning in agreement then they should legally fulfil their obligation to pay notice period which you say is 4 weeks. Who is your insurance with if not ncma? Contact them and get an official letter sent to parent asking them to settle the amount due.

Consider going down small claims route to recover the oustanding debt. You have already offered to reduce the notice period part, you could try making a better offer. Put the offer in writing to them, along with invoice for the outstanding amoint from previous month. Specify a date by which payment is to be made, otherwise legal proceeding will be commenced.

Contact your insurers legal helpline. Look at the small claims court procedures. Decide if you feel it is worth persuing the debt via the court. It will cost you to start a case and it will take up some of your time.

One risk in business is that you make a loss. Things do not alwys work out, enforcing terms of a contract can be trikcy and costly. So look at the big picture and decide if it is worth persuing.

Thanks both, some really good ideas. I am kind of resigned to the fact I probably won't get anything, but I'm not letting that much go without a bit of a fight at least. I hadn't thought of contacting my insurers, so obvious now! Its morton michel I'll give then a call tomorrow. I have followed my policy, they have signed to agree with my policies, can't do much more than that, as you say nannynick its a risk you take! I am hoping a formal letter will be enough to scare them into paying. Appreciate advice thanks