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Allergies and intolerances

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Original poster

"perhaps it would be better if you found more suitable care..."

72 replies

bobbybob · 05/08/2005 02:01

Read the letter from ds's Pre School I got today.

Despite me providing a Doctors letter, research from the NZ Ministry of Health, and having the support of Allergy New Zealand, they still reckon their research (which they haven't shown me) is better.

Thus they will continue to serve up meals that contain peanut products and if I'm not happy - well I just need to take my son out.

I have written to my MP, it's election time and one of the platforms for the Govt is Early years education for all.

I nearly threw up when i read the bit about all their children being special - well obviously the "normal" children are more special.

OP posts:
moozoboozo · 05/08/2005 02:04

for you. It sounds like apathy on their part. I hope you get some luck with your MP. Maybe just the fact you are willing to take it higher might make them sit up and take note. Good luck!!

Original poster
bobbybob · 05/08/2005 02:09

From a Human Right Commission fact sheet on discrimiation, this is the only exception in the education section:

"Reasonable accommodation. If a person requires special services or facilities and it is not reasonable to provide these, then the provider or employer need not provide them. "

I can't see how sticking in some soy or lentils instead of peanut stuff could be "not reasonable"

OP posts:
moozoboozo · 05/08/2005 02:15

I used to teach in a school where there was a child with really serious nut allergies. He sat in the hall one afternoon after lunch and must have put his hands on the floor, and picked up traces of nuts on his fingers and then put them in his mouth, and went into anaphylatic shock. Thanks to the swift action of the deputy head, they gave him a shot of adrenalin, and he was taken off in an ambulance, and was fine. After this, the school became a peanut free zone.

Knowing the sensitive nature of theses allergies, can't they see what they are doing is bloody dangerous. I don't think it's unreasonable for them to provide alternative food faor all the children in the same way that I don't think that vegetarians should eat anything that had touched meat. It's not good enough.

Chandra · 05/08/2005 02:17

I have no printable words to explain how I feel about that response Bobbybob, but can only say that I wouldn't like my child to be cared by a nursery who are happy to ignore the needs of a very allergic child and decide they know better. I wouldn't trust anybody with DS if they were not taking my instructions/worries seriously

Original poster
bobbybob · 05/08/2005 02:26

MP has written back - took her 6 minutes.

her best friend's son is allergic to peanut - she is checking Govt policies and will meet me next week.

She has my vote next month.

OP posts:
moozoboozo · 05/08/2005 02:33

I am glad something is being done for you.

KiwiKate · 05/08/2005 02:35

Good for you Bobbybob for keeping on about this.
Do keep us posted. Hope it gets resolved soon.

Original poster
bobbybob · 05/08/2005 05:37

Yes, but realistically I'm now in the "teaching them a lesson - how dare they do that to my child" territory. My love of the place has gone - how a new centre manager makes a huge difference.

I will have to find ds alternative care - but the whole thing makes me feel very tired.

OP posts:
KiwiKate · 05/08/2005 06:07

I know what you mean - it can just wear you down. But even if your DS goes somewhere else, at least your actions will help the next child with a nut allergy - so your effort will not be wasted.

Good job!

Original poster
bobbybob · 05/08/2005 09:57

Still , but have got 3 enquiries with childminders and nanny agencies going.

OP posts:
coppertop · 05/08/2005 10:00

I don't know how they've got the nerve to write that letter!

I'm glad the MP is looking into it for you.

Iamalsohairyhercules · 05/08/2005 10:02

You'd think nowadays there'd be no excuse for such policies.

Chandra · 05/08/2005 10:04

Bobbybob, if the MP is involved and succesful in doing something about it, your child will benefit anyway, as I don't expect they would be enforcing a policy just over a single nursery, it would affect ALL of them. And probably a good ear pulling to the Heart Society would be also welcomed.

Yorkiegirl · 05/08/2005 10:11

Message withdrawn

serenity · 05/08/2005 10:20

Sorry bobbybob, this is terrible but I'm glad your MP is on the ball.

Maybe taking DS out of the nursery is a good thing, I mean, would you ever really trust them again after their pigheadedness over this?

PeachyClair · 05/08/2005 10:21

Bobbybob

We had a place with a local nursery (a Sure Start familyt centre) all deposits paid etc, until they were told that DS3 was allergic to milk. They then phoned up to say they had double booked and couldn't find him a place- I had a week to find childcare before college started!

A week later, my sister rang to say she had been offered EXACTLY the same hours in EXACTLY the same age group for her son (my nephew) hours after we were refused. We were angry and DH sat in reception until deposit handed back! We didn't raise the thing about Dn's place though, didn't want to put him in a bad karma with them.

The outcome though was that we found the most incredibale childminder EVER and DS3 enjoyed every minute with her, we were v sad to leave her when we moved.

Best of luck!!

Original poster
bobbybob · 05/08/2005 10:33

Oh yeah, forgot to mention that my parents pay bob's fees and had paid up to November (their next visit). Given that fees are only payable a week in advance, can I ask for my money back?

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KiwiKate · 05/08/2005 10:40

Hi Bobbybob. Thought I'd answer as I am a solicitor here in NZ. Yes, you can absolutely ask for your money back. They are not providing a safe envirnment for your child, and they have suggested that you take your DS out of their care.

You would have to give them notice (probably a week, given that you only have to pay a week in advance). But you should talk to them about this.

Probably the best way to go about it would be to try a face-to-face approach - that is chat to them about it. If it escalates into "my solicitor advises ..." then it might turn nasty and unnecessarily prolonged.

I know that it is the last thing you feel like doing, but talking it over might be the best way to get your money quickly from them. If they do agree to a refund, then make sure that you confirm it in writing (in case they dispute it later).

If it does turn nasty though, do let me know. I'd be more than happy to send a solicitor's letter on your behalf (no charge, of course) if it gets to that. Hopefully, it won't though.

Let me know if you need any other info regarding the legal side of things.

Good luck

Original poster
bobbybob · 05/08/2005 10:45

I will just say to the centre that I have decided that I would like my money back and would like to pay week by week from now on (which is the norm). I was just checking that it was actually "my" money now I had given it to them.

I will put into ds's bank account until we find a wonderful new person to give it to.

Thanks for the offer of the letter Kiwikate, hopefully I won't need it.

OP posts:
KiwiKate · 05/08/2005 11:48

Good plan Bobbybob. That'll give you flexibility.

At least you now know it is still YOUR money.

I also hope you won't need any legal help, but if you do, don't hesitate to ask. I honestly don't mind at all, and it is very easy for me to do.

Saacsmum · 06/08/2005 22:41

Hi Bobbybob, Ive been a bit slow finding this thread. What a nightmare. All preschool centres that are licensed in NZ should have a licensee who is responsible to ensure that regulations are met etc, I would find this person and write a letter of complaint and then follow this up with a letter to the ministry. THe policy in NZ is that preschool education is open to all which means they essentially have a legal obligation to find a way to cater for your ds. Even if the vibes are bad and you decide to pull him I would still send the complaint letters as there are other children who will need their services at some stage who have allergies.

Original poster
bobbybob · 06/08/2005 22:52

They did have lots of certificates on the wall (was trying to look for their liability insurer one - as I'm sure they would be interested). Some were for the city council - would that be it?

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Saacsmum · 06/08/2005 23:26

Not unless it is owned by city council in which case they may have a counselor as licensee, they should display there licensing cert from ministry of ed which should name the licensee on it. All nz preschools are required to have this in order to operate.

Original poster
bobbybob · 07/08/2005 00:25

They are classic, they really are. I have provided them with

A note from GP
Information from Allergy NZ
Information from Dept of Health

They have just said - thanks for the research, but honestly he is safe with us (presumably they have mystic life giving forces I don't know about).

Their motto is "safe, loved and learning". Yeah right!

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Saacsmum · 07/08/2005 01:02

Also check their health and safety policy, see if they have a food or nutrition policy sounds like they would be contravening both of thses in my pschool.