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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To refuse to pay nursery notice period fee in these circumstances?

113 replies

rsarw · 26/02/2023 11:49

Posted a week ago about my 12 month old DS' nursery, which we're pulling him out of after a week after seening evidence of substandard care (examples listed below).

Their usual notice period is 2 months, for which we'd be liable for fees, but as we're pulling him out after 1 week becuase we're concerned the care is substandard surely we should only pay for the sessions he's actually had.

Keen to hear thoughts.

Examples of poor care:

babies being left to it/ not picked up or comforted when crying, multiple times - I’ve had to resist the urge to comfort them myself. It’s possible they were eventually picked up after I left but it went on for a good 5 mins and staff seemed to completely ignore it.

Very little staff interaction with babies, staff are rarely on the floor playing or interacting with them. Babies are desperate for attention so swarm me when I come in.

little girl fell off a bike toy badly, hitting her head. Member of staff didn’t know what to do and had to be told by another multiple times to apply a cold compress. She then picked DS up and put him on the same toy
despite the fact he’s not old enough and his key worker had to take him off it.

staff heating milk too hot for babies, and other staff member noticing and reminding them they needed to check it. Baby could presumably have burnt mouth if other staff hadn’t stepped in.

DS incredibly thirsty on return from first proper day, hadn’t had his milk, assuming also hadn’t had water.

staff expressing slight contempt for babies eg X does that for attention, ‘they throw themselves at the floor to getus to come over’

my son’s key worker hardly interacting with him at his settling sessions, not noticing/ leaving him to cry on the floor when upset (when I was there).

communication with me not good, when asking how the day/ session was or calling for an update they will just say ‘he seems ok’ or ‘he’s doing well’, then when I ask if he’s been crying it turns out he has.

staff seem very focussed on completing tasks eg nappies and meals and naps and app updates but not on general engagement with the babies. I get nursery is 3:1 and will inevitably be less attentive but it feels like the staff actively avoid the babies to try and get them to expect less and be more self sufficient.

OP posts:
ShandaLear · 26/02/2023 13:20

You report to Ofsted if you have safeguarding concerns and they will investigate. However, unless you can actually prove any of your claims (most of which are pretty weak, to be fair) you will have to pay, assuming you have signed the contract.

dottiedodah · 26/02/2023 13:22

On the face of it ,it does seem concerning.Sometimes you have to go with your Gut feeling .Babies do get left to cry as its not always possible for a Staff member to be able to comfort them all the time .Its a busy setting ,and is not the same as being in a home enviroment with 1 or 2 children.It would be wise to speak to the Manager for some feedback.Likewise other parents as well.If you are still unhappy you surely must have a cooling off period ?

ShandaLear · 26/02/2023 13:22

Threatening them with Ofsted isn’t going to phase them. Parents are always trying to pull a fast one to get out of complying with their contact.

Saltisford · 26/02/2023 13:24

When this happened to us, I looked through the nursery website and came across the owners email address so I copied in to my email saying I would be withdrawing and why and that I wouldn’t be paying the notice fees. She replied and agreed and a few months later they had changed their name and had new management…

marcopront · 26/02/2023 13:24

If you saw most of it in the settling in sessions, why did you leave him there.

What has happened since to make you want to pull him out?

Cosyblankets · 26/02/2023 13:30

So if you saw all this in the settling in sessions how come you signed a contract? Sorry if I've missed that bit

Strictly1 · 26/02/2023 13:30

Ofsted will want to know if you’ve followed the complaints policy. If not, it will get batted back as we now have a culture of where parents go straight to Ofsted rather than the proper channels.
It comes across as you don’t want to pay. Threatening Ofsted, newspapers (as a PP suggested) and telling other parents. If you genuinely believe it’s a safeguarding issue do what is right and report without influence of whether or not you’ll save money.

JimHensonWasAGenius · 26/02/2023 13:33

If it was so shit at the settling in sessions why on earth did you still use them?

I can't see where you have answered that OP?

Several PP's have asked.

Mildmanneredmum · 26/02/2023 13:33

So if they allow you to not pay the notice period, would you not report it to Ofsted? If the issues are so serious that you want to report it now, then the nursey won't have anything to lose by making you pay it. And if you get let off the notice period as a trade-off for not reporting them, then your claims can't have been that serious ......

Mildmanneredmum · 26/02/2023 13:35

So imo you should report them to Ofstead regardless and challenge the contract separately. Don't try to mix up the two.

narkyspirit · 26/02/2023 13:35

You need to talk to them and voice your concerns, see if you can agree a shorter notice period?

If you just take your child out and don't bother paying your contracted notice period they can go to small claims for a CCJ against you.

different scenario but I have just taken a customer to small claims over Ann unpaid invoice and it is costing them quite a bit more than the £660 they owed originally!

BlueSeaWave · 26/02/2023 13:37

rsarw · 26/02/2023 12:08

Over 2 settling in sessions where I stayed, and 2 drop offs where I stayed for about 10/ 15 mins.

Show quote history

Whatever you do about the fees leaving is the right outcome. They are doing this as an example of good behaviour whilst you are there and it’s worse when you are not there!

Saltisford · 26/02/2023 13:43

Can I just add that when I pulled my child out without the notice period being paid, Ofsted had already got involved (they’d been notified by another family)

BungleandGeorge · 26/02/2023 13:45

I think if you’d pulled him out after the settling in sessions you could have argued it but the problems is you’ve agreed to him starting

Pardon45 · 26/02/2023 13:45

I wouldn't pay it. Let them take you to small claims court and let the judge decide. Also report now to ofsted in order to protect the other children.

Nodancingshoes · 26/02/2023 13:45

Have you spoken to the manager of the nursery? This would be my first point of call before worrying about the notice period. If you are this unhappy, I don't see many nurseries enforcing the notice. They will however want to know about your concerns

purpledalmation · 26/02/2023 13:47

You signed a contract I'm afraid.

MrsBennetsPoorNerves · 26/02/2023 13:48

Honestly, if it went to court, I think your case would be pretty weak. You have acknowledged in a previous post that most of your complaints are based on what you observed in the settling in sessions. However, you have clearly undermined this argument by subsequently putting your child in the care of the nursery after having observed these failings.

Did you speak to a manager at the end of the settling in sessions to discuss the concerns that had arisen? Or have you only decided now that what you saw was unacceptable because you've changed your mind about the nursery and you need a reason for not paying the fees?

If I had witnessed poor care in a nursery during the settling in sessions, I would not have been leaving my child there unattended for even a minute. Can you explain why you thought it was OK to leave your dc there after what you had seen, and what happened after that to make your change your mind?

Ambs97 · 26/02/2023 13:52

They'll most likely take you to court. Depending on how long they'll take no action with you not paying for the notice period. In my experience my daughter was going to nursery term time only but because i was trying to get a job, i put my daughter in for the august holiday part time, i then ended up moving and couldn't afford the £250 extra for the notice period at a nursery my daughter was at and within 1 week I had an email threatening to take me to county court if i didnt pay by week 2. I explained i was going to somehow pay them and just moved. In the end I had to borrow it off a very reluctant family member!

WhereIsMumHiding3 · 26/02/2023 13:57

I think if you've reported child neglect to Ofsted then that's a sound reason for breaching contract as they breached it by not providing an adequate level of care such that you felt obliged to report them.

That's what I'd argue in small claims court if they decide to take you to court. You can reply saying same, that you feel they breached contract because "...."

Then it's up to a judge to find in their favour or yours. And they may not wish to air this complaint to a wider audience and may make an agreement that they may just have a weeks notice in this circumstance as "not being a good fit" which surely will be better than damage to their reputation if they pursue it

Wishfulthankin · 26/02/2023 13:57

The fact you witnessed this during the settling in sessions and then still returned and taken up the place will not too in your favour. Either you were so concerned about the care that you couldn't use them for to safety risks; in which case you'd have a case or you weren't as you used them to care for your child. You don't have a leg to stand on in court.

WhereIsMumHiding3 · 26/02/2023 13:58

Felt obliged to report them and remove your baby from their care.

28January · 26/02/2023 13:58

You will be in breach of contract so they can take action to recover. The reasons you are removing him are totally separate. I completely understand why you are unhappy but from a legal perspective you have absolutely no argument.

jannier · 26/02/2023 14:04

MrsBennetsPoorNerves · 26/02/2023 12:13

So, silly question, but if you saw most of this unsatisfactory care at the two settling in sessions, why on earth did you then leave your child there unattended? It can't have been that bad if you chose to take him back and leave him there.

This

SolWithLime · 26/02/2023 14:06

Just don’t pay it. The chances of them taking to the small claims court are minimal. If they fill the space straight away or within two months then they have no loss to claim for anyway.