If you want to add, remove, or change something in the childcare agreement which can't be accommodated by the standardised template of the Contract Builder, you'll need to include your request in the Additional Requirements section. We will accommodate where possible, but there are some areas where adjustments are limited or not permitted. There are other details which don't necessarily need to be included in the contract, though they may be important for you to be aware of.
The cooling-off period
This is a legal requirement. The cooling-off period begins upon the contract being fully signed and must be a minimum of 14 days, during which either party may cancel for any reason. All payment made for services not provided must be refunded. If funding was intended to be claimed for a placement which is cancelled during the cooling-off period, please refer to your LA's guidance as to whether funding can be claimed or retained.
The cooling-off period in the childcare agreement:
The cooling-off period cannot be reduced or removed.
It cannot begin from any point other than the date the agreement is fully signed.
Conditions for cancellation during this period cannot be set.
Payment cannot be retained (except for care already provided): this includes deposits, if applicable.
The notice period
The notice period is 30 days as standard (or 7 days for ad-hoc contracts). All care scheduled during this time must be paid for, regardless of whether the child attends the setting. Notice should not be given during either party's holiday.
The notice period in the childcare agreement:
The length of the notice period can be altered.
It must be a set number of days.
It must be consistent (i.e. not changeable depending on any factor).
Both parties must have the right to terminate the agreement with notice, and this should not be restricted.
The notice period must begin from the day notice is given by either party, and it ends after the specified number of calendar days.
Rules vary between LAs on whether funding can be claimed or retained for notice periods, or for children who leave your setting once term has started. Please refer to your LA's resources for guidance and to ensure that any amendments you want to make to your notice periods are compliant.
Families must not be restricted or prevented from using their funding entitlement elsewhere, if they wish to leave your setting mid-term and are able to claim funding at a new setting under the LA's rules.
Notice required for changes to hours
The contract terms state that guardians must give a minimum of 7 days’ notice if they wish to change their child’s hours, and that the childminder will accommodate where possible. This does not mean that you are required to agree to the proposed change - and if no compromise can be agreed upon, this does not affect the notice period required for termination by either party.
The notice for changes to hours in the childcare agreement:
The length of notice required can be altered.
Trips
The childcare agreement says that any costs for trips are not included in a childminder’s rates, and that guardians will be informed in advance of any planned trips or extra activities which will incur a cost.
Trips in the childcare agreement:
The section can be altered to state that trips are included in your standard fees.
If desired, detail can be added about the kinds of trips or other activities you may offer, and their associated costs.
Rates & fees
These are set by you, but there are some rules, especially when it comes to any children accessing Local Authority funding with you.
Rates & fees in the childcare agreement:
Fees can be added for things like late collection, early drop-off, or late payment. Please note that these charges will not be applied to invoices automatically.
You are able to charge a deposit: payment must be made via tiney, and there are specific rules for funded placements.
Discounts can be applied (e.g. for siblings) if desired. These should be factored into your rates for the applicable child(ren) when setting up the contract.
Separate charges should not be added to cover agency fees: tiney's fees should be factored in when you set your rates.
Cash payments, and any other payments made directly by families to childminders, must not be requested or permitted.
Any requests which would not comply with the statutory guidelines for funded placements cannot be applied.
Other policies
No alterations can be made to the childcare agreement if they would contradict any of tiney's policies or rules, your offer commitments, or your LA's rules where funding is being claimed.
Details which don’t need to be included in the childcare agreement
The childcare agreement must contain all relevant personal information and details related to the care to be provided and payments to be made. There are some points which are commonly requested as Additional Requirements, and while they are important for you as the childminder to know, it's not essential for them to be in the agreement itself.
These include:
Notes about a child’s allergies, dietary requirements, or medical conditions (though any consumables/supplies to be provided by the family can be noted in the relevant section).
A note that a guardian will be claiming reimbursement from Universal Credit: while this is to do with the topic of payments, it’s not necessary to include in the agreement as the guardian will be paying the invoices themselves, and will automatically be sent a receipt.
Anything which is already in place by default (e.g. that payment must be made in advance of care, or that additional ad-hoc hours of care may be provided if agreed).