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negligent nursery

14 replies

maggie2112 · 06/11/2013 11:25

Hey guys, hoping someone can give me some advice regarding my sons nursery. In September I enrolled my son at the local day nursery full time. I had read their most recent ofsted report which rated the nursery as "requires improvement" and had there been any other nursery nearby I would not have put him in there. However due to the fact I don't drive and am a student and working part time, plus at the time my sons father was also working full time I had no other option. My father is a teacher and reassured me that ofsted can be very picky and that a bad ofsted is not always a clear indicator. So he has been attending for about 10 weeks. At first I had no worries as the staff seemed very caring and my son enjoyed going there. However in the last few weeks a few concerns havery arisen. My partner went to pick him up one day and found a child locked in a corridor (the door handles too high to reach) on his own and very upset. I had to fill in 3 accident reports in the space of a week as my son had fallen/ tripped on the outdoor equipment which seems unsuitable for the age of the children attending. Everytime I have collected him the children have been playing outside in the cold and rain, sliding down a wet slide and climbing and sitting on a very wet wooden climbing frame (the last time my son was wearing just his t shirt despite being sent in with a jumper hat and coat) and was freezing cold. In addition he has never brought a single painting or creation home. It seems to me they literally just throw the kids outside all day and take it in turns to stand there with them. My partner was made redundant a few weeks ago and it is looking unlikely he will find work before Christmas. With all of this in mind I am considering taking my son out of the nursery. In the contract I signed it says you must give 4 weeks notice to leave. Can they legally hold me to this if I am unhappy with the level of care? I am worried about him the whole time he is there, I do not feel he is being enriched in any way, I do not feel he is being taken care of properly and I begrudge having to pay them £175 pw for 4 more weeks of poor childcare knowing he would be safer and learning more at home for free.

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jellybeans001 · 06/11/2013 13:27

Poor you i have come across a bad nursery myself but my child luckly didnt go there as i spotted this the first time i went there. Would not send my child if i were you thats disgusting and unacceptable. Pull child out and complain to who ever you have to

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jellybeans001 · 06/11/2013 13:28

Council and ofsted

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maggie2112 · 06/11/2013 13:56

Thanks for your advice glad someone agrees with me and doesn't think I'm being too harsh on them! Do you or does anyone know about this notice period business? Do you think they can bill me for 4 weeks if I just take him out?

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Bonsoir · 06/11/2013 13:58

In any case you must file an official complaint. It sounds frightful.

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MinesAPintOfTea · 06/11/2013 13:58

They can bill you for it (unless you prove negligence somehow) but they can't make you send him for the sessions.

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Mumof3xx · 06/11/2013 13:58

They can bill you but you can refuse
They are unlikely to take it any further tbh

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MaryPoppinsBag · 07/11/2013 16:52

Playing outside in all weathers is the norm, children should play outside every session except in extreme weather conditions (which rain is not) according to Ofsted. As long as they are wrapped up and changed if they get wet.

With regards to no Artwork my DS never did any at his amazing preschool. I temped at a nursery and the Mother's Day cards etc were all mainly done by the staff! What's the point? I then appreciated his lack of artwork for what it was - his decision not to do it. And their choice to provide age appropriate activities.

You almost sound like you are trying to find an excuse not to pay your notice period. The child in the corridor would worry me, did you ask them why he was there?

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Sirzy · 07/11/2013 16:59

Playing outside in all weather is normal and a good think BUT they should make sure that all the children are suitably dressed before going out.

DS rarely brought pictures home when he was at a private nursery - they were normally put into his "learning journey" which we got given when he left.

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insancerre · 07/11/2013 17:15

sorry, but none of that sounds negligent to me
playing outside in all weathers is normal though they should be adequately clothed
children having accidents is completely normal, especially if they are outside
not bringing any pictures home is normal too- some children don't do any, and there may be lots of messy open-ended activities that don't have end products
and yes they can insist on fees for the full notice period
the child left unattended would worry me, but without knowing the full story it is had to judge the setting on that one incident

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hettienne · 07/11/2013 20:23

Playing outside and no pictures = fine
Inadequate clothing = not fine. Child unattended = not fine. Insuitable play equipment = not fine.

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Littlefish · 07/11/2013 21:35

In what way do you consider the outside play equipment tone unsuitable?

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Mandy21 · 09/11/2013 10:35

I think you may have difficulty arguing that they've not provided a good standard of care if you haven't discussed your complaints / concerns at the time. Did you ask them to make sure he was wearing his coat after he was in his T shirt? Did you raise any queries about the playground equipment at the start? Did your partner ask about the child in the corridor?

I think the reason you don't want your child to go is to do with your concerns but predominantly because your partner can now look after him and you don't want to pay the 4 weeks notice. I don't think from your post that the nursery has been negligent and you should expect the nursery to pursue you for the money if you font pay.

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LIZS · 09/11/2013 10:41

Agree with pp . How old is your ds ? Unless your complaints are well documented or you have a serious H & S concern it will be tricky to argue against paying 4 weeks' notice which you agreed in the contract. of course it is up to you whether you send him during those 4 weeks or write off the money. Don't forget to tell Tax credits if you stop though.

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ChishandFips33 · 10/11/2013 20:41

I agree that the latter half of your post (and the subsequent ine) leans to you raising these issues with the aim of not paying your notice. Had you been genuinely concerned, surely your child would not still be attending. This is how some nurseries get bad reputations and is unfair and demoralising for staff

That said, children alone and upset in corridors is a safeguarding concern and I'm hoping you would have raised this at the time, which would be recorded

It may be worth your while to discuss your change of circumstances with the manager. Maybe if they had a waiting list, or another family waiting for extra days they may waive some of your fees. False accusations will only make them dig their heels in

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