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Cancelling contract with child minder (advice needed)

We are J Block
We are J Block Posts: 295
in Not Sports Related
We recently signed a contract with a child minder to look after our 10 month old baby. However after not settling in we would like to cancel the contract. Upon reviewing the contract we have noticed that the area is blank for how much notice period needs to be given to cancel. After contacting the child minder she has stated she needs 4 weeks notice. Are we in our rights to not give notice due to the blanks within the notice period in the contract? Additionally the child minder has a dog (which we did not mind as she stated the dog will always be in a separate room) however when my misses picked up the baby yesterday the dog had her favourite toy in her mouth.

If any legal bods on here know if we are in our rights to cancel the contract without notice it would be very very much appreciated.

Comments

  • DaveMehmet
    DaveMehmet Posts: 21,607
    Not an expert but would have thought the dog/toy incident would be enough to cancel immediately.

    Also (and this is not a dig at you) there’s no way I’d put a kid with a childminder with a dog.
  • T_C_E
    T_C_E Posts: 16,421
    Take your child out stating health reasons. They won’t the publicity there’s a dog on the premises.
  • We are J Block
    We are J Block Posts: 295
    That was exactly my thoughts on the issue too but am not clued up on the legalities.

    No offense taken, was initially uncomfortable with the idea. But my partner assured me that the dog is not amongst the child area as the house is relatively big.
  • cafcdave123
    cafcdave123 Posts: 11,491
    We are J Block said:

    We recently signed a contract with a child minder to look after our 10 month old baby. However after not settling in we would like to cancel the contract. Upon reviewing the contract we have noticed that the area is blank for how much notice period needs to be given to cancel. After contacting the child minder she has stated she needs 4 weeks notice. Are we in our rights to not give notice due to the blanks within the notice period in the contract? Additionally the child minder has a dog (which we did not mind as she stated the dog will always be in a separate room) however when my misses picked up the baby yesterday the dog had her favourite toy in her mouth.

    If any legal bods on here know if we are in our rights to cancel the contract without notice it would be very very much appreciated.

    If its blank then she can't just say its four weeks, you could say it 37 minutes and she can't prove otherwise.

    The toy/dog incident is enough for you to walk away though.
  • Bournemouth Addick
    Bournemouth Addick Posts: 16,284
    In the absence of any specific clause relating to cancelling as is the case, legally you would be left applying a test of reasonableness and any damages as a result of any breach of contract by either party. If they are going to be able to replace the income immediately with another client or need to advertise, pay additional agency fees as a result, etc, etc?
  • We are J Block
    We are J Block Posts: 295
    Bournemouth Addick said:

    In the absence of any specific clause relating to cancelling as is the case, legally you would be left applying a test of reasonableness and any damages as a result of any breach of contract by either party. If they are going to be able to replace the income immediately with another client or need to advertise, pay additional agency fees as a result, etc, etc?

    Thank you for clarifying. Suppose the only other issue is the presence of the dog amongst the young children when the child minder had stated that the dog would not be close to the children.
  • T_C_E
    T_C_E Posts: 16,421
    Stay away for a week saying your child although not unwell is very itchy/scratching and having tests. It puts the ball in her court h & s wise. Meanwhile I offer a childminding service. ;)
    image
  • We are J Block
    We are J Block Posts: 295
    Childminder has now agreed to waive the notice period. Thanks for your advice people. Lesson learnt to go with my gut instinct next time.
  • bobmunro
    bobmunro Posts: 20,852
    Every time I see pictures of your dogs, Ray, it brings a huge smile to my face.

    They are just beautiful creatures.
  • letthegoodtimesroll
    letthegoodtimesroll Posts: 10,629
    bobmunro said:

    Every time I see pictures of your dogs, Ray, it brings a huge smile to my face.

    They are just beautiful creatures.

    As a dog owner, I look at the pictures of his dogs and think ‘big dogs, big poos’...picking up the shit after those four must be a full time job

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  • A-R-T-H-U-R
    A-R-T-H-U-R Posts: 7,678
    letthegoodtimesroll said:

    bobmunro said:

    Every time I see pictures of your dogs, Ray, it brings a huge smile to my face.

    They are just beautiful creatures.

    As a dog owner, I look at the pictures of his dogs and think ‘big dogs, big poos’...picking up the shit after those four must be a full time job
    That's what the kid is for.
    Chuck him and his clothed in the outdoor high pressure shower at the end of the day and hey presto!
  • T_C_E
    T_C_E Posts: 16,421
    bobmunro said:

    Every time I see pictures of your dogs, Ray, it brings a huge smile to my face.

    They are just beautiful creatures.

    Thanks @bobmunro Last night we were at Rainbows giving a talk to a group (think brownies) aged 4/5/6 years. After the chat they got to meet them.....At the end they sang Bailey a song and this was his reaction. They are putting smiles on faces in lots of places, its why we do what we do. ;)
    imageimage
  • T_C_E
    T_C_E Posts: 16,421
    letthegoodtimesroll said:

    bobmunro said:

    Every time I see pictures of your dogs, Ray, it brings a huge smile to my face.

    They are just beautiful creatures.

    As a dog owner, I look at the pictures of his dogs and think ‘big dogs, big poos’...picking up the shit after those four must be a full time job
    I think you'd be surprised how wrong you are. ;)
  • Amos on the wing
    Amos on the wing Posts: 1,802
    The contract with our childminder for my 14 month year old girl is we have to give 4 weeks notice if we want to terminate the contract. As a registered childminder would ofsted allow for dogs to be in the house? Nothing against dogs in general just interested
  • T_C_E
    T_C_E Posts: 16,421
    Amos on the wing said:

    The contract with our childminder for my 14 month year old girl is we have to give 4 weeks notice if we want to terminate the contract. As a registered childminder would ofsted allow for dogs to be in the house? Nothing against dogs in general just interested

    I have a registered childminder who brings her dog to my training class and she certainly lets the parents know, obviously she has home visits by the authorities but I'm not sure if she has to notify them. Glad its all sorted @WeAreTheJBlock let me know on the babysitting ;)
  • Amos on the wing
    Amos on the wing Posts: 1,802
    T_C_E said:

    Amos on the wing said:

    The contract with our childminder for my 14 month year old girl is we have to give 4 weeks notice if we want to terminate the contract. As a registered childminder would ofsted allow for dogs to be in the house? Nothing against dogs in general just interested

    I have a registered childminder who brings her dog to my training class and she certainly lets the parents know, obviously she has home visits by the authorities but I'm not sure if she has to notify them. Glad its all sorted @WeAreTheJBlock let me know on the babysitting ;)
    Thanks Ray. Great pictures of your dogs with the children
  • Robbo on the wing
    Robbo on the wing Posts: 4,135
    If I was in your position, I wouldn’t give a fuck what the contractual consequences were

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