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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44880
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My child-minder of 9 months I have recently found out

Customer Question

Hi
My child-minder of 9 months I have recently found out had a 5 month affair with my husband. She left my 2 year old daughter in her house with her mother whilst she visited my husband for sex.
Her contract was with me so besides the obvious gross abuse of my trust she left my daughter without my consent.
Could I bring a case against her ?
All advice welcome.
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Just to check what case are you trying to bring against her - leaving your daughter without your consent?
Customer: replied 6 months ago.
Hi BenYes, as I don't think the affair with my husband was anything legally wrong just morally.
Expert:  Ben Jones replied 6 months ago.
Is she still employed by you?
Customer: replied 6 months ago.
Hi
No, she left my employment in October and I switched to a Live in Nanny as my husband and I separated.
He came back in January and I found out about it all last week.
Expert:  Ben Jones replied 6 months ago.
do you know if she was registered with Ofsted?
Customer: replied 6 months ago.
she is
Mini Monkeys in West Wick, North Somerset.
Expert:  Ben Jones replied 6 months ago.
you are correct that the affair is a moral issue rather than a legal one. However, in terms of leaving the child with her mother you will not be able to bring a case for compensation if that is what you were thinking. The law does not penalise in such a way, it only provides compensation fi you have suffered losses as a result, which you have not in this case. So legally you are only able to report this person for not doing their job properly and you could have also used this to dismiss her if necessary, although that is no longer a requirement. So in terms of taking this further you have to options – one is to report her to the agency she worked for and they can then take their own steps to deal with it, such as disciplining her. The other is to report her to Ofsted, who can then take their own steps too and for example look at whether she is fit to practice to be a childminder or if she needs to be suspended or have her registration withdrawn. To complain to Ofsted you can do s here: https://contact.ofsted.gov.uk/onlinecomplaints I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 6 months ago.
there is nothing I can do ?
I have already reported her.
She breached her contract and duty of care to my daughter.
Expert:  Ben Jones replied 6 months ago.
To claim for breach of contract or duty of care you must show that you have suffered losses. UK law is not punitive, which means that a wronged party is not just penalised for their wrongdoing if no losses have been suffered. SO unless you can show you have suffered losses, you cannot take this further I'm afraid. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 6 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 6 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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