Posted: Thu Sep 22, 2011 10:18 am
Post subject: Problems with childcare
I would like to gage your reactions and comments please.
My daughter went to a local nursery from 9months old and I recently made the decision to move her to a childminder as she seemed to be constantly picking every bug up, other than that I was happy with her care.
I found a local childminder and she has a daughter the same age as my daughter (17months) and was also looking after another little girl 11months. During the second week I noticed my daughter had a really nasty bite on her shoulder (teeth marks and bruising) so I phoned the childminder who was apologetic and confessed that her daughter was going through a phase and she would keep an eye on the situation. I gave the benefit of the doubt but was not happy that it was not mentioned before. My daughter would have been really distressed and it played on my mind the whole of the weekend. During the 3rd week I collected her on the Wednesday to be told that a biting incident had happened again but the childminder had intervened, when I got home her little arm was so bruised that as far as I was concerned no intervention took place or if it had it was too late. I decided not to return my child to her care and managed to get her back into nursery on the Friday.
She had been paid upto the end of that week. She is now taking me to a small claims court for 4weeks notice (£620) but my argument is that she was in breech of her contract as she was unable to protect my child in her care and why should I be penalised and have to pay for two child care providers when this is of no fault of myself or my daughter..
Ok ladies whats your thoughts........ Do I fight this? Do I stand a chance? I am really upset by the whole thing and just wanted what was best for by baby....xx
Posted: Thu Sep 22, 2011 2:39 pm
I would fight it too the damn cheek of her, she should of told you the first time it happened.
My daughter goes to a child minder too but one of the things I was looking for when I was looking for one was that they didn't have any of there own children about the same age as I always feel that they would give them preference and treat them differently then my daughter.
Good luck I hope you win
Posted: Fri Sep 23, 2011 5:34 pm
my daughter goes to a childminder, and any injuries have to be logged in a book, which both myself and the childminder sign, and she keeps a copy and gives a copy to me.
im sure that is a basic requirement and you can always use that in defence.
Posted: Sat Sep 24, 2011 3:58 pm
Did she/you log the incidents - did you take a pic of the injuries? Are their any other parents/parents that can back you up? If yes you have a good case.
From what I am aware there shouldn't be any costs (unless she puts that in the suit) so even if you lose you'll only have to pay out what you would if you didn't fight.
I;d go for it even if you don't have proof - you can't be expected to leave your child in those conditions and if you had and something worse had of happened you would have been partly-blamed for leaving your child there!
Let us know how you get on.
Posted: Sun Sep 25, 2011 7:04 am
She has admitted by email that these two incidents happened, and I have a photo of the second bite, I dont think she will dispute the biting, its 4 weeks notice that she is requesting. Which I think I shouldn't have to pay as I have had to remove my child and put her with another child care provider. Why should I have to pay twice, when I haven't broken the contract in my opinion she has because of these two incidents..
Posted: Sun Sep 25, 2011 9:11 am
Yeah, I think you have this one in the bag and it is likely that she is hoping you won't fight it.
Obviously I am no lawyer however I'm sure her contract must stipulate she needs to care for you child to a certain standard, one bite can be forgiven but 2 in a week and from what you said quite noticeable ones too I think you were well within your right not to give notice. Especially as she admitted she new her child was a biter and also that she didn't see it happen, who was supervising then? Billy Bear!
Make sure you write everything down and have all the evidence (photo's and email) so she can't bamboozle you with contract speak.
Posted: Sun Sep 25, 2011 9:26 am
I know that by law childminders are required to report any incident to you ASAP and fill out paperwork that you both sign and have a copy of. My childminder does this for even the tiniest case. I'm a teacher and at school we are equally careful to follow procedures should any incident occur. We also have to fill out seperate forms for the council for more serious injuries. By 'forgetting' to tell you I'm pretty sure she's in breach of something! Good luck X
Posted: Wed Oct 05, 2011 8:30 pm
Hi ladies after reading through this post it is clearly obvious that the childminder is in the wrong by not logging the incidents which is required by law there are two things which you do either contact your local child services through your local council or you can contact ofsted as all childminders have to be registered through them. Also did you write.a complaint to the childminder which you both signed?