Problems with childminder - please help.

[Cleanerrates]

I hired a childminder beginning of June to look after my 2 dc aged 3 and 5, children had settled in ok, childminder seemed lovely and everything seemed to be going just fine until last Wednesday 18th she sent me a text in the morning, 45 minutes before I was supposed to drop dc off saying that another job opportunity had come up and she could no longer childmind my dc. I called her straight away and she just said sorry and she could give me names of other childminders I could contact, I asked her if really was quitting with immediate effect and she said yes, shell shocked the conversation ended there.
Now problem is there was never a written contract in place, she did mention we needed to draw one up and sign it and I did ask a couple of times when that was going to happen but it never materialised and I stupidly wasn’t firm enough with chasing her for it, this is my first experience of hiring a childminder so I was a bit naive.
I haven’t been able to go into work since she quit, my DH is a higher earner than me so doesn’t make sense for him to take time off work for me to go to work, my parents are elderly so I can’t rely on them for childcare, I’m literally stuck at the moment. Next contact i had with childminder was me texting asking to collect dc belongings and her agreeing to which I did last Friday, she ended up screaming at me saying I had been cold towards her in my text and she had tried to help by offering other childminder contacts, I said I hadn’t been rude to her but understandably I am annoyed as she didn’t give me any notice and I now can’t go into work, she shouted that I was on ‘probation’ so she didn’t have to give me notice and stormed back in her house.
I’ve now recived a message from childminder asking me to pay for Monday 16th and Tuesday 17th childcare. DH is fuming and said we are not to pay out of principle as I have now lost earnings due to her suddenly quitting, I’m a little more softer than DH and even though I am angry about the situation am thinking I should pay this incase she can take me to court or something plus she did have the dc those two days so morally we should pay? DH is adamant we are not paying it and if she puts in a claim then I am to counter claim for loss of earnings. Can anyone help with this mess of a situation please?

I wouldn’t be paying her, no.

She didn’t get offered a job with 45minutes notice. She knew very well she was only going to have your kids for a few days. She should have done the right thing in the first place and never let your children start with her. Your loss of earnings at this point must be significant and if she thinks offering a few contact details ameliorates her behaviour, she is wrong.

Good luck with finding a new childminder.

Autumnboys - thank you, am trying to find a new childminder but no luck yet.
I don’t quite believe she got offered a new job either, although I didn’t question her about that it just doesn’t make sense.
I suppose I’m just worried incase she does put a claim in, where would I stand? DH is saying we should just ignore any contact from her and sit and wait to see if she does put a claim in.

Are your children the only ones she looked after? If they were then maybe she has just had a better job offer, but I still think she could have given you a couple of weeks notice. If she has other children on her books what are they doing about it? did you ever meet other parents at drop off / pick up?
All that aside, I probably would pay her for the days she looked after my children and just put it down to experience.
Sorry this has happened though.

Suferjet - she didn’t have any other children she was childminding but she does have two of her own dc aged 11 and 13.

Can you withstand the stress of her putting in a claim?

She is totally out of order and sounds unhinged tbh.

What are the chances of her putting in a claim? I wouldn't be paying her.

Petrolpump28 - No probably not although I don’t know if she would have a leg to stand on seeing as there was no contract in place or visa versa and I don’t have a leg to stand on.
I will need to speak again with DH today as we only got the message requesting payment yesterday evening and he said absolutely no way are we paying it.
I haven’t been able to find a new childminder yet so we are currently looking into a school holiday club for the remainder of the school holidays so I can return to work ASAP (while the search goes on for a new childminder) which is more expensive than a childminder and fees need to be paid upfront for the whole summer holidays so DH said no way is she getting penny.

I wouldn’t be paying; if it’d been a month or couple of weeks of childcare then I’d pay but she has acted very unprofessionally and caused you loss of earnings.
Fair enough she’s been offered something else but there’s no reason why she couldn’t say to them she had to give a months notice as is the case with most jobs.
Also you didn’t sign a contract so I doubt she could take it any further.

I am a former CM and I doubt she could take you to court if there is no contract.

It is a really shitty and unprofessional thing to do. I wouldn't pay her.

Please don't judge all CMs based on your experience, good luck with finding a replacement.

With all the dillydallying about with the contract, no other clients and the sudden swerve into a new employed, as opposed to self employed work, are you sure she was a properly registered childminder ? Could be that she was just trying it out, illegally - would hardly be a good idea in that case for her to chase you for money through the courts. Also, grossly unfair of her.

no way in hell would i be paying
No contract, means you couldn't have been on a probationary period ( and if you had one im sure you would have had her on a probationary period also)
if she walked out on a say office job with no notice ( or 45 mins notice) many places can withhold a final pay if they have to pay for temp cover ( use the final pay to pay the temp as it were)
She left you in the shit with no notice, if you wanted to quit her she would have expected a months notice and would have charged you for the full month even if you stopped bringing the kids over.

I agree with the husband, dont pay her, (and if she takes you to small claims you can always pay the morning of, if you think you wont win)

Former childminder
She can't take you to court without a contract.
Was she a registered childminder.
Reputable chms will insist on contracts before starting.

I would have thought you have pay her from a legal perspective and counterclaim for loss of earnings. But if you think she probably isn’t going to pursue you the obvious thing to do is to refuse to pay her. From a minding standpoint, lucky escape tbh. Count your blessings your dcs are not being looked after by this woman.

Sever all links. All. No payment.

And count yourself lucky that you found this out and your children will not be cared by this person any more

Don’t pay her, that’s awful behaviour from her. I also wouldn’t acknowledge that you had two days childminding from her which you haven’t paid for (on the slim chance she takes you to court and uses your acknowledgement as proof that you should pay).

If the though of going to court is worrying you, remember that if she does take you to court you could just pay her before the court date. Although suing her for loss of earnings would be my preferred option.

What a shitty thing to happen to you, OP, sorry. Not that it helps, but we had something similar happen to us (but got screwed over for a few weeks before that with CM taking every Friday off for some reason or another, already threatening our jobs as it was).

Only thing you can do now is ask around as much as you can - social media, local FB pages, childcare websites (contact all childminders - some don't update their details and availabilities all the time), local nurseries, preschools, school before and after care, friends and family - someone may know someone else who can help.

Fwiw we found a brilliant childminder within 4 days after hassling the heck out of everyone we knew. You may be lucky as well. Good luck.

Yes she’s a registered childminder, I have checked that out. I hold my hands up and admit I’ve been very stupid to not be more firm about chasing a contract. Lesson definitely learnt.
If all goes well with holiday club visits hopefully dc could start there this coming Monday but means I’ve had 8 days of unpaid leave off work, had a brief chat with DH before he went to work, he is saying if she dares to put a claim in then I am to counter claim for 8 days of unpaid leave from work. I’m a bit of a wimp when it comes to stuff like this though!

She wouldn't be able to put in a claim if there was no contract in place.
I always have parents sign contracts a couple of weeks before their dc starts with me, the fact she put off giving you one would make me suspect that she never had any intention of keeping your children for any length of time.
Technically you do owe her for the 2 days, but there isn't much she can do about it if you don't pay.
(P.s you don't hire a childminder, you use their services)

My childminder fully admits she's a bit lax on OFSTED requirements as she wants to spend time with the children, not doing masses of paperwork or making a false environment but the contract had to be signed before my DD even went through the door - it's absolutely ludicrous that this hasn't happened in your case and I would seriously be questioning if she was a registered childminder. What if OFSTED came for an inspection? She wouldn't have a leg to stand on.

Oh and no pay!

Do you think I should reply to her message saying we are not willing to pay and state reasons?
This is the message I received yesterday from childminder.

Dear xxx
Can you pay £198 for childcare fees for xx and xx on Monday and Tuesday last week. Please pay by end of this week the 27th or I will recover the money by legal action. Thank you.

I would rather be done with it but admittedly I am a bit of a pushover and like I said she did look after dc those days but on the other hand she has left me up shit creek and I am angry about it, DH even angrier.
Fair enough she wanted to take another job opportunity but do the decent thing and give me at least some notice.

I know u may not want to be to specific. Where about safe u. Maybe someone her can help with recommendations for childminders

Op you have two choices, be a pushover and just pay her and wash your hands or stand up to her, she sounds like she’s full of bluster.. she shouted at you last week for being cold by text??? Fts.

Please feel free to attempt to recover costs, I would be interested to see the contract that you failed to furnish me, despite my repeated requests, that would give you grounds for such a claim. We’d appreciate a copy to claim for the 8 days of lost earnings so far incurred by your lack of notice. We will await further word from you regarding this matter.

Oops meant to put the suggested response to her in italics! Sure you’ve figured out that was a suggested reply to her text

did she look after your children on those days? if so, i'd say pay her then block her. Exceptionally unprofessional of her leaving you in the lurch like that

Don’t give her any money she’s incredibly unprofessional. I wouldn’t even reply.