To think this notice for nursery is bloody ridiculous

[IWineAndDontDine]

We have put my daughter in nursery for 2 afternoons a week. We paid for the remainder of the term (until end of march). She absolutely hates it and is miserable in/out of the nursery, constantly begging me not to go even on non-nursery days. We have put in notice as it seems pointless putting her through this unnecessarily (I'm at home). I've just checked t&Cs which obviously I was OK with when I thought she would be there for a reasonable amount of time, and you need a full terms notice. So does this mean I have to pay the whole of next term , including paying for half of this term we aren't using? That's essentially 4-5 months notice as that's when the summer term ends. Seems utterly ridiculous doesn't it? Wish I had thought more about that particular T&C when signing up. Although I didn't actually sign a contract and only found them in a random email I got just before she started. Seems a bit crap

If you didn't sign a contract I can't see how they can hold you liable if you don't pay.

I don't know really, it's in the Terms and Conditions and at the end it says something like acceptance of a place is basically you agreeing to these. There was around 6 documents attached to the email so although I think I must have read this as im quite meticulous with reading these things, I fail to see how I would have been ok with it to be honest. Maybe i missed that attachment. My mistake

It sounds like a very long time, buy if you agreed to it, as you say, it's your mistake.

However, how old is she, how long has she been attending? Is it worth preserving?

I get the impression she will be at school in September (no idea why I think that , just a feeling from the way you talk, so sorry if I'm wrong)
School will not be optional for her, so maybe try a little longer here, so she gets used to being away from you and in a group setting, before she has to go 5 days a week.

Shes 2.5. You are right she will be at school in Sept although this is technically optional as she will have only just turned 3. I'm wondering whether that extra 7 months will make a difference. She has only been going a few weeks

Are you in the uk? If so she won't start school till the term after she turns 4.

If you mean that in Sept she will start at a school based nursery, then I think you are OK to pull her out now and put her in that nursery part time at 3 years old.

But as for the notice period, sorry, sounds like you will have to pay it.

It seems you've made a quick decision based on what 12 hours or so attendance over 3 weeks. But I wouldn't have put her in at this age if not needed for work. Are there toddler groups you go to?
I'd hand in your notice ....is a settling in period mentioned?

So you mean she'll be in preschool at 3? Or do you live in another country? 3 sounds awfully young to start school

It sounds like she just hasn't settled yet. How long has she been going?

Yes exactly, the infants school attached to our local primary

Go with your instinct I pulled my DD out after 3-4wks despite my eldest previously having been in the same nursery. We found a childminder she loved and never cried going too. I had to pay a months notice in fees.

Maybe. I don't mind the upset when we drop her there. That seems normal. It's the anxiety surrounding it that bothers me. Not needed for work but I have a baby so though she might enjoy something else with loads of other children! If she doesn't it's a waste of money for us. Yes a couple a week although only an hour long. No settling in period mentioned

It's an infants school, the year before reception. I'm in the south of UK

At 2 afternoons a week, if not used to being in a nursery environment, I think it will take a LONG time to settle. It sounds like this is a new thing for her - how many times has she been?

I wouldn't mind a month. This is essentially 4 months of fees we will be paying for where she won't go. But you are right, I will still take her out

A term being in a contract or terms and conditions doesn’t necessarily make it enforceable, especially if a term with significant consequences was buried. A court would have to consider whether they thought it was reasonable. Which they might in this case, but they might not. It’s worth at least talking to the nursery.

3 weeks plus 3 settle in sessions, so 9 times

Yeah you are right. I'm sure i didnt sign a contract so some t&Cs buried in an email that they didn't even draw any attention to seems a little mean 😅 lesson learnt!

Just to save confusion OP, I think you mean nursery school. Infants in England is generally understood to be Reception, Y1 and Y2 and in some parts of the country you attend an infant school for those years then a separate junior school for y3-6. Some infants schools also have an attached nursery, which might be in the name. The year before reception is sometimes called F1 or else pre-school or nursery.

You don't need to sign a contract for it to be valid. It can be deemed to have been accepted if you received it and then paid for a service, which you have. I doubt you want to go down the court route, as a previous poster said, but you can't just say to the nursery that you never signed a contract so you can do what you want. They're within their rights to say you accepted the terms.

Just two half day sessions a week can be difficult for settling. Will she be attending the nursery school in sept for longer?

Some children just take a bit longer to settle

I would persevere with trying to settle her in. 2 afternoons a week really isn't long and ime it takes much longer for under 3's to settle than 2 afternoons. Can you ask to chat to her keyworker and see what strategies they can use to help? Maybe you could go in with her and play, go right back to the beginning and then build her up. Even just leave her for maybe 2 hours and build up? Seems odd to give up so quickly, especially if you have to pay so much notice.

Even if you agreed to the terms and conditions it doesn’t necessarily make the contract a fair and enforceable one.
If you speak to the nursery they may offer a compromise. They might have a waiting list and be able to accommodate another child, so not need you to pay for the whole period.
If you ‘break’ the terms of your contract the nursery is entitled to seek payment to cover their losses. They also have an obligation to mitigate these losses, for example by offering your place to someone else. They can’t just do nothing and expect you to pay for 5 months. In all likelihood they will be able to re offer the space and might well get a double payment for a short while as they are not likely to refund any advance payment they already hold on your account.
The key is communication ASAP.

A term is a long time. We have to give half a term. But if the reason for leaving is that your daughter isn't settling, I would talk to them. They might waive it or be able to help her settle.
If she's in the UK she won't be starting school at 3, if it's a state school. It will be a nursery attached to a primary school so will be entirely optional, you could choose to send her part time or not at all and it will have no bearing on whether she gets into the attached primary school when she's older. You could keep her home until she's 4 or send her to a private nursery or childminder instead.
3 weeks is not long to settle so you could wait till just before Easter to decide. It might be the setting isn't right for her - is the group big and noisy? Is there a key member of staff looking after her?

Our nursery has a three months notice period.
Most nurseries in my area will not let you do less then 2 days due to children not settling well. You may get 1 day but only if the child settles.

Yes, you will be liable for next term's fees too because the term's notice contract has been thwarted by yourself. You entered into it by agreeing to take your daughter to that setting on day 1.
You might be able to have a chat with the organisation and see if they can help with a reduced payment.