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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

or is nursery

72 replies

vickibee · 14/07/2011 18:16

Ds4 starts school in Sept. The 5th is Inset so I informed nursey that he would be attending on 5th and this would be his last day. My contract says i have to giv a month's notice of leaving. The nursey have said no as it is the stat of a new term and they are full up with new starters. Surely this is wrong and i am entitled to this day if I wish, thay have made an assumption that he will have already left. Ny law he could stay unil Jan 12

OP posts:
JellyM · 14/07/2011 18:37

Presumably your ds will be a nursery on Friday 2nd sept and so the Monday is just a continuation of their time at nursery. Nursery ABU. Especially if ds was going to private school they wouldn't start until mid September

catsareevil · 14/07/2011 18:38

I think that you are right that they shouldnt have assumed that you are leaving until you give them notice.
Presumably the nursery are entitled to give you notice of they wish?

ashamedandconfused · 14/07/2011 18:41

OP will have told the nursery DS starts school in september. they have rightly IMO assumed this means the start of term, not a day into the term.

term dates and INSETs are publicised months in advance.

ScarletOHaHa · 14/07/2011 18:51

the nursery are DBU.

As a paying customer you should decide the last day of your private childcare arrangement and pay accordingly.

I have got NO IDEA how I am going to cope with school holidays.

thisisyesterday · 14/07/2011 18:54

But it isn't a continuation of the summer holidays.

he WILL HAVE OFFICIALLY STARTED SCHOOL and thus will no longer be at nursery

GwendolineMaryLacey · 14/07/2011 18:56

But a daycare nursery doesn't work on the same basis. He can stay at the daycare until the term he turns 5 if he wishes. Summer holidays and term times don't come into it.

MuddlingMackem · 14/07/2011 19:09
tallulah · 14/07/2011 19:15

Our nursery has a special class available for the first month of school as part of the out-of-school club which is separate to the pre-school. Does your nursery not do that?

I agree that if it is a private 50 weeks a year daycare centre then term dates have little relevance and your nursery shouldn't have just assumed which was your last day.

RitaMorgan · 14/07/2011 19:17

Well, you have a contract with the nursery and the month's notice thing goes both ways - they can terminate the contract too.

So, they have given you more than a month's notice that they are terminating the contract?

jetgirl · 14/07/2011 19:22

He should be able to stay in daycare, though you can't claim the funded hours as he will be at school. DD attended nursery in the mornings and school in the afternoon for the first half term of reception as summer borns had to do part time at school. Nursery were fine with it.
I can understand their reluctance to have him for one day though. What childcare do you have in place when he's at school? Or do you work school hours?

whatsallthehullaballoo · 14/07/2011 19:27

YABU - they have given you notice that they cannot accommodate your ds as of September, as the are entitled.

I completely understand that they cannot have him because he will officially be at school as you are not waiting until the term after his 5th birthday to start him. This, therefore, means that he is officially enrolled in school and OUT of nursery. This is where you need to find use for school holiday clubs (much cheaper than nursery) and childminders.

Kewcumber · 14/07/2011 19:32

as others have said on inset days he is at school and thereofre will not get funding for a nursery place (funding is given by term and he will get no funding for the Autumn term as he is attending school that term).

If you were prepared to pay them the full price (making up the differnce in shortfall funding yourself) and they had room for him I expect they would take him. But they don't have room and have given you way more than the one months notice they need to under your contract.

You don't have any legal right to force tehm to take him once the notice period has expired Confused

Which four year old who is signed up for the whole term do you think they are going to turf out into the street to have him for your convenience?

vickibee · 14/07/2011 19:36

i work school hours 930 - 3.00 so i will only need holiday provision.

Kewcumber - i only found out because I gave them notice - it was not until today I found this all out. I am paying full private fees for the whole of Aug and thought it would be the same until he was withdrawn. They should have room for him as he already has a place (not funded)

OP posts:
mycatoscar · 14/07/2011 19:38

The nursery should not have just assumed when your son would be leaving so i think YANBU

My dd went to private day nursery for 4 years and they aksed for specific leaving dates so that they could accomodate things like this. My dd didnt actually start her settling in period at primary until approx the 10th of sept, she went full days to nursery until then because I had to work. Our nursery also accomodated the children who did half days at school by having them back for afternoons until they turned 5/started full time.

My dd's nursery is an ourstanding ofsted rated setting and has very high demand for places - but they are professional and did things properly. I feel the OP's nursery have been very unprofessional in their assumption.

vickibee · 14/07/2011 19:43

varied opinions here, i am very upset about the whole thing, we have always had a pretty good relationship and I fell he will be leaving on bad terms. I still fell that ot should be up to the parents whentheir child leaves and not the nursey.

OP posts:
thesurgeonsmate · 14/07/2011 19:52

Ah, RitaMorgan, that is a good analysis. That is a scary clause when you read it, and then you think, "well, why would they? It'll be fine," but there comes a time when it might suit them....

LIZS · 14/07/2011 20:01

I think you are reading too much into it. A nursery is a commercial enterprise after all and they have gvien notice that from 5th they cannot accommodate him due to the start of the new academic year. It would be logistically tricky to have your dc there while welcoming a new intake, even assuming there was a space on that day and you paid the full fee. Is he going full time from 6th , otherwise you/dh may have to be flexible or find a cm to help cover.

Kewcumber · 14/07/2011 20:08

I also think you are reading way too much into it. Of course they assumed he was leaving - its the same routine for them every year when the oldest children start school.

It is not up to the paretns. It is a contract between you, either can give notice at any time. They have filled all teh spaces which become available when their older childrne start school. They know when the term starts so will have naturally expected him to finish then and have filled his place. All scholls have differnt inset days and they wouldn;t be aware f these.

I'm also surprised you don;t have other childcare in place as the majority of primaries have part-time reception for at the very least the first few weeks and ours was for a whole term 9-12 only.

ScarletOHaHa · 14/07/2011 20:16

as your DC has been there since a baby, I can understand how you feel. There is a massive difference between school nursery and a private childcare provision. Even if you work school hours, you will need to take holidays when you child is ill and this eats into your annual leave.

TidyDancer · 14/07/2011 20:42

I happen to agree with the OP. There is bad faith here on the part of the daycare.

I can understand why they assumed the OP's DS would not need that day, but therein lies the problem, they should not have assumed.

I don't know how you'll solve this, I guess you will have to find provision for his care yourself, but I can completely see why you are annoyed about this. Daycare have given away his place, it's not on, I'd be annoyed in those circumstances too.

itisnearlysummer · 14/07/2011 20:57

He will be on the school roll and not at the nursery.

They assumed he would not be in for that day because, had it not been an Inset day, he would not have been.

They will have filled the space with children for the new term.

How long you son was attending the nursery and whether or not you were a good customer is irrelevant.

A private nursery is a business.

Inset days and illness etc are what AL is for once DCs start school Sad

GwendolineMaryLacey · 14/07/2011 21:05

I don't agree. When the OP handed in the notice at the nursery, she gave the last day as the 5th. Daycare nurseries don't work to an academic year so filling with children for the new term is irrelevant.

When dc2 is born in early January, I'll probably keep dd in daycare for a month and take her out beginning of February. That's my choice to give notice when I decide to. It is not for the nursery to make that decision for me.

ashamedandconfused · 14/07/2011 21:09

OP - they must have known he's going to school in september, you must have previously told them he will be staying on till he starts school, they are not BU to assume this means he will not be with them from the first day of the school term.

Its your mistake, not realising sooner about the INSET day.

If they made assumptions, so did you.

HSMM · 14/07/2011 21:22

I am a CM, but I check with parents what term their child will start school and the exact date. I can't believe they filled the space before you even gave notice! I am hoping that they overheard a conversation that your DS was starting school in September and filled the space from the start of term, but that's still not on!

Bitdifferent · 14/07/2011 21:26

Nursery is being unreasonable. Hate the way people are so rude to you. You've been using a private nursery not state funded and are entitled to keep your child there as long as you want. My Dd1 s nursery had new school starters doing half days for ages as they had funny start times. Totally feel for you. I take it you're like me & don't have all your huge family able to look after your child whilst the school is shut for loads of days a year when you need to be at work. Do they have a before & after school club which runs in the holidays? Ours does and is open for odd onset days, election days (check the school isn't a polling station!) too. They may be able to help and be a fun day at dcs new school. Hope you get sorted. Goodluck!