Can a Childminder charge fees when the child is on PCR (Covid Test) waiting time?

ChilliPepper123

My grandchildren go to a childminder.
Both children have had to have a PCR Test.
Both children have therefor been at home with me awaiting the results.
The Childminder is still charging my daughter the full fees for the time awaiting results.
Can she do this?

I was under the impression that the Government would pay the Childminder Fees for the waiting time.

To be clear:

The childminder will not accept the children back to her home unless they have had a negative PCR Test.
She says that my daughter must pay full childminding fees for both children during this time.
It this correct?

or should the childminder be claiming the Fees from the Government because the absence is caused by Covid ie force majeure?

Thank you.

MattMattMattUK

PAMS_Bargain_Basement said:

My grandchildren go to a childminder.
Both children have had to have a PCR Test.
Both children have therefor been at home with me awaiting the results.
The Childminder is still charging my daughter the full fees for the time awaiting results.
Can she do this?

Yes.

PAMS_Bargain_Basement said:

I was under the impression that the Government would pay the Childminder Fees for the waiting time.

Where did you read that information from the government?

PAMS_Bargain_Basement said:

To be clear:

The childminder will not accept the children back to her home unless they have had a negative PCR Test.
She says that my daughter must pay full childminding fees for both children during this time.
It this correct?

Yes. They are legally supposed to be in isolation, however it is not that she cannot provide the service.

PAMS_Bargain_Basement said:

or should the childminder be claiming the Fees from the Government because the absence is caused by Covid ie force majeure?

No.

Ebe_Scrooge

The above answer is absolutely correct.  If you have any concerns, check what the contract you signed says - most childminders will have explicit clauses about what fees are payable for different types of absence.  I know in my locality, all childminders will charge full fees if the child is absent due to illness etc., and most updated their contracts (and got parents to re-sign them) when Covid first broke out  The childminder will not receive any money from the government in these circumstances.

sheramber

I was under the impression that the Government would pay the Childminder Fees for the waiting time.

What gave you that impression?

ChilliPepper123

Surely force majeure comes in to play with Covid-19.
This pandemic was beyond our control.
It is a world wide issue which could not have been avoided.
This means that, because it is out of our control this Contracts become void to a degree, where the Contracts can not be enforced on either side.

The childminder wont have the child during the PCR waiting time because the child may have Covid, but is open for business.
The parent cant send the child because the Childminder will not allow the child to attend even though they are open for business, and the PCR Test comes back negative.

It is the childminder shutting the door on the child.
Not the parent taking the child out of the business.

The isolation period covers a person with Covid-19, not a person who does not have it, and who has not been in contact with any one who has covid-19.

elsien

Well if you want to test it out in court let us know how you get on. Because that would be the ultimate arbiter. 

BTW the childminder following government guidelines does not equate to shutting the door on the child. 

Mrsn

The childminder is doing nothing wrong in this situation I’m afraid, if they were poorly under any other circumstances fees would still have to be paid COVID does not change that. Guidance is being followed correctly and in the interests of safety to the other children and the childminder themselves rightly so.

As others have said there is no scheme in place for them to be able claim fees back, my sister is a childminder and has been hit very hard by the pandemic with children dropping places due to parents being furloughed etc even after nearly 18 months she’s still not quiet back to pre COVID levels of income. I appreciate the emotion from your side but there is a reason they are still charging for the session.

ChilliPepper123

Sorry.  I wasnt saying the Childminder was doing anything wrong, I was just asking a question. 

I understand both sides.

I am trying to get clarification on an situation with is costly on both sides.

elsien

I don’t think force majeure is as straightforwards as your question implies. There’s various other factors including the wordings of any contracts, even if the government were paying out, which they aren’t.

On a purely practical level, how good is the childminder, and how hard would it be for your daughter to find another one if necessary? 

If they come back with a positive result, it’s really very little difference to being off sick with something else contagious. What does the contract your daughter agreed to say in those circumstances?

Otherwise PCR tests are coming through quickly - relative’s was back in 24 hours. Your daughter needs to consider if there’s any scope for compromise or whether it’s better to pay for a couple of days in order not to lose the place. 

68ComebackSpecial

It's pretty standard that a childminder won't let a child return to the setting for 48 hours symptom free after a bout of sickness or diarrhoea and with the parents still being required to pay. Doesn't exactly sound unreasonable that proof of a negative test is required for a potentially fatal illness before children return and that the period of absence still needs to be paid for - which is likely to be for all of 2 days.

Thrugelmir

ChilliPepper123 said:

Surely force majeure comes in to play with Covid-19.

Contractual terms are agreed and accepted at the outset. Not created on the hoof. Just because circumstances have changed and it suits one of the parties.