Nursery charging us when they're closed

Yeah, it’s really annoying. However my guess is that, in this instance, the nursery probably aren’t covered by insurance so can’t give you a rebate without losing their own money.

‘Business interruption’ in insurance doesn’t necessarily mean ‘anything beyond nursery control’; the insurance probably only kicks in for certain pre-defined events as otherwise it would be too subjective. I wonder if it only covers things that physically prevent someone occupying the building itself, rather than health&safety concerns?

If so, my guess is that a water leak would only be covered if it was actually flooding the nursery, rather than just causing a water shortage.

Their policy to you seems to say that, if they get insurance for the closure, they will pass this along and so not charge you. Otherwise, I’m afraid you still need to pay the fees.

I do understand the nursery’s standpoint on this: they have probably decided that they sometimes need to make safety-based decisions for the good of the whole nursery without being limited only to things covered by insurance. Young kids really need running water for frequent toilet trips, hygiene, cleaning, hydration etc and, on balance, it wouldn’t be safe to keep the nursery open, especially with the warm weather.

However, I have a lot of sympathy for you as the upshot is that you have ended up paying for something that clearly isn’t your fault either. It’s added both expense and stress to your week! I’m sure it’s been exhausting.

I do hope it’s a one-off and that the leak is fixed very soon.

I'm very upset too with the fact that I have to pay for the daily fee despite the nursery was closed due to an unforseen reason (water leak in the area that led to water shortage in the premise)

T&Cs says:
"In any event beyond our reasonable control (e.g. fire, flood, e.coli outbreak) occurs, we may close the nursery without liability to you, as we have business interruption insurance, so therefore no fees will be charged"

then next paragraph says:
"If it is, in our reasonable opinion necessary or in the interests of the child to do so, we may close the nursery even though our business interruption insurance will not cover us for the closure. In these circunstances we will charge for the time the nursery is closed, for example, we may close for severe weather conditions, outbreak of flu, swine flu, covid or other illnesses."

Sounds to me that both paragraphs are kind of contradictory between each others as they both are any event of their reasonable control.

I feel like they might have insurance for such business interruption yet they still charge customers!

I had to make arrangements to take care of my child at my own expense + pay for the closed business.
That's awful and unfair!

We are charged on and pro rata basis.

5 days a week * 52 week / 12months = monthly fee.

They are closed all Bank holidays and in between Xmas and new year - I pay for them all!!

Think i must be lucky with my nursery. They charge us for bank holidays but not for the other days over xmas that they are closed.

How long ago was this? There are major shortages of nursery practitioners

I 100% agree, YANBU but I'd check the T&C that you have signed.

For those saying that the nurseries have staff to pay, building rent etc to pay. So do we as parents who work and have bills to pay, and now need to find and pay for alternative childcare for the closures. Whether it be inset day, or closing for Christmas etc.

I have to pay a childminder to look after my DS during the nursery inset day, so effectively I have now paid twice for childcare on one day. It's in the T&Cs so I will suck it up, but YANBU.

I completely agree and we have to pay for days our nursery is closed too. My son used to go in on a Monday but soon changed that as we have to pay for bank holidays even though they cannot go in. Such a rip off

Then they don't close early, and provide the service that they are charging for.

YANBU but I’m not at all surprised. Nurseries seem to be the only business that can force you to pay irrespective of whether or not they provide a service. Those of us that paid during covid despite the settings being closed know this too well!!

How is that different?
The OP has to pay for hours that the nursery is not providing, same here.
We had to pay for days nursery was not available to us, same thing but on larger scale

@@girlmom21 We always kept the opening hours despite less children, while maintaining the staff/child ratios. So, I still think it is a bit odd.

It's probably because there'll be less children in so they've given more staff annual leave and need to balance the ratios

@ShesThunderstorms I think it’s a bit odd that they have decided to close 2 hrs early. I haven’t come across that before. Did they give a reason?

It would be hugely inconvenient for most families who rely on the normal opening hours. They would have to arrange alternative care and that could be costly if they don’t have family who can help.

I hope you managed to dig out the contract and you found the answer to your question and that other parents have done the same.

Definitely make sure you don't let this go as contrary to what most of those who have failed to properly read the thread believe this really isn't acceptable or normal.

I wouldn’t be happy with that. Like most other posters my nursery shuts down for a week and will be open as normal the 19th-23rd. I’d have some real difficulties if there was a sudden finish at 4. I don’t think anyone would
begrudge an early finish on Christmas Eve but to do it for so many days isn’t really on and also probably means staff aren’t getting a break either.

That’s ridiculous. It would be better for their costs, and their staff, and the parents, if they did normal hours 19th-23rd and closed 28th-30th. That’s why nearly every nursery in the country will be doing that. I’d email them and point out how ridiculous it is.

That's strange, we never got billed when they were actually closed. We used to have to pay when we went on holiday because we still had the place but even with that, we got 2 weeks "leave" a year where we didn't have to pay.

@Goldbar But this isn't the case. You pay for your place, yes, but the nursery offers set hours which you agree to, subject to any exclusions in the contract (bank holidays, staff inset etc.). The nursery cannot unilaterally reduce the contracted hours without a contractual right to do so.

I 100% agree. However it's important to understand that the contract doesn't stop them from behaving the way they do, in breach of contract. It just gives their customers the right to compensation for the breach of contract.

You can't go to court to make them provide the contracted hours, all you can do is threaten to go after them financially if they don't.

They rely on nobody being willing to take legal action.

I've never understood this either, but was the same with mine, plus bank holidays. Some nurseries charge a cheaper fee for Mondays to account for this.

That IS standard and it sounds like OP is having to do that too. If I’ve understood correctly it’s the week prior to Christmas this year (19th-23rd, all of which are normal working days) that OP’s nursery has decided they’re closing two hours early every day without a fee reduction. That’s not normal and it’s not lucky. Then the following week OP’s nursery will be closed completely but with no fee reduction, like yours. That’s not lucky, but it is normal.

All of that is irrelevant when it is their choice to close.

When I was a nursery nurse, the Christmas period was unpaid leave.

I'm actually surprised at all the posters' nurseries charging for when they are closed.

Luckily my daughter only needs to go when it's term time, but they don't charge for bank holidays or the Christmas week they are closed.

i should quantify that. The people aren’t shit, generally the care given isn’t shit, but the prices and restrictions often make it entirely unattainable to some working parents. That’s what’s shit.