Childminder contract breached?

saltibalti

As far as I am concerned my childminder has breached our contract. She was allowing my children (10 and 7) to walk to school through secluded snickets along the side of railtracks alone. As soon as I became aware of this I terminated the contract and withdrew my children. She said she knew she had made a mistake. At the time she said I would need to pay the remainder of the month befores bill, which I have offered to do but now she has sent a bill for a 'theoretical 4 week period'. The contract says she will take care of my children, I don't believe she was doing this and therefore broke the contract,which does state 4 weeks notice but NOT payment in lieu of.

Anyone have any similar experiances and or advice please?

Mips

Remind her that she has breached her terms and conditions and you will be contacting OFSTED about this.

This stopped one childminder dead in her tracks when demanding large bills!!

Jojo_the_Tightfisted

And you of course have copies of her certificate of personal liability insurance? Bet they'd be interested to know that she habitually places small children at risk.

saltibalti

I have reported her to Ofsted. I have also looked on their site and entered her early years registered number to find she had a complaint made against her this April/May.....Ofsted have advised me that she should have been open about this and informed me..

I am worried about this going to small claims....she will be covered by her insurance through the NCMA (although she admitted her mistake ((therefore breaking their rules on insurance cover????)).

My actions so far have been to draft a letter explaining why I believe she has breached her side and that I will pay her outstanding owed upto the day I ceased contract with immediate affect.

She is trying to claim nearly £500.00 from me, I have offered her 150. I think this is fair.

Thanks for your thoughts so far )

warehouse

Don't pay. She won't take it any further as her business will be ruined, £150 is more than reasonable IMO.

Zziggi

If I were in the OPs situation I would pay up to the day I withdrew my kids but as for the 4 weeks (or any notice), there'd be no money from me. I would consider myself having been generous to pay up to the day I withdrew the kids since the care I had thought I was paying for, my kids weren't receving fully.

The childminder wouldn't be getting any "payment in lieu of notice" from me. I'd also be reporting her to OfSTED.

diable

People should really look after their own children and not rely on child minders then these sort of issues would not arise.

shellsuit

diable wrote: »

People should really look after their own children and not rely on child minders then these sort of issues would not arise.

Don't be so ridiculous! :rolleyes:



OP, I wouldn't pay her anything more than from the day you ended the contract because she breached it.

You've reported her now, I'd just sit tight and see what happens.

Zziggi

diable wrote: »

People should really look after their own children and not rely on child minders then these sort of issues would not arise.

:rotfl::rotfl:

diable

shellsuit wrote: »

Don't be so ridiculous! :rolleyes:



OP, I wouldn't pay her anything more than from the day you ended the contract because she breached it.

You've reported her now, I'd just sit tight and see what happens.

Can you explain your comment? My children where precious and where never left in the hands of child minders, if you decide to have children you should not palm them off to some one else.

shellsuit

diable wrote: »

Can you explain your comment? My children where precious and where never left in the hands of child minders, if you decide to have children you should not palm them off to some one else.

So you look after your children every single day of their lives and don't work?

Aren't you lucky that you can do that. Not everyone can you know. It doesn't make them any less of a parent either.