30 hour funding - never went through, not told for 6 months £2500 arrears built. AIBU to say it's not all my fault?

[Rainbowloverparentx]

Nursery 30hr funding issues with nursery provider.

Hi, I have a 4 year old in a nursery setting.

To note, I have mental health difficulties, awaiting an assessment for ADHD and Autism (I'm 26 F) and a phyiscal disability.

She's been there since she was 2.5, I was eligible for the 2 year funding due to low income.

I got back into work and had to up my child's hours.

I fell into some arrears and was notified of the 30hrs for working parents. First off, I wasn't eligible, then I went onto a full time contract and applied and was eligible.

I attended the nursery to drop my daughter off and they said I needed to sign a form and then they'd be able to access the funding.

I applied in August 2023 and signed this prior to September they told me they needed it done for then for the new term.

No one told me I needed to supply a code for them to access it.

They nursery has 3 or 4 other settings, 1 was recently closed by Ofsted due to being inadequate. Our nursery manger left in August.

I had no invoice from August-Jan.

Months go by and fast forward to late December, I get a call which I miss and an email stating I'm in substantial arrears.

I reply stating I will be able to make a payment at the end of December, still, no one made me aware of a total amount outstanding.

I then was subject to an assault at work, where I required medical attention and substantial after effects from the injury. I had time off work and therefore was unable to pay.

She makes contact again and tells me she needs my child's 30hr code, as she hasn't got it and therefore from September to January. I actually did not have any additional funding and therefore my arrears accrued over £2,500.

I have signed another confirmation since then as its every 3 months and not once, did anyone ask me for the code.

I did not even know I needed a code, I should of read all the information better but I have now been made aware it is the nursery at fault.

As they have a something called a 'headcount' to check the register and who requires the funding prior to it being put in.

This means, someone could of and should of made contact with me during August/September to make me aware they needed the code.

No one ever did.

No invoices, no communication for months, which therefore I was under the assumption no further bill was needed to be paid.

I still have no figure, I just expressed my frustration to which she just apologised for and then I set up a repayment plan for what I could afford as I was threatened with them reducing my daughters hours and therefore I'd be unable to work, unable to make any further payments and just be totally screwed.

I'm wondering, am I really the one at fault here?
Is it worth consulting a solicitor or something regarding this?

Thanks, a very stressed and anxious parent.

@wutheringkites Because, I, as clearly noted here, struggle with this stuff. He may have yes, likely just people he knows informally. Is it worth me.

I have already apologised and explained I have difficulties in writing concisely especially when I am stressed.

It’s not an excuse. It is disabling. It’s wise to not comment if you are not personally living with NDs.

I think though that the onus will still be on you to pay. If you signed up correctly you would have been getting codes and emails reminding you. If you didn't, then you were never signed up for it and should have been paying.

I appreciate that this is a very stressful time for you and so, for that, you have my sympathy. But if you’re asking whether you should take legal advice (which is what you ask in your OP) with the view to not paying then that just isn’t on in my opinion.

These people have being looking after your child - why do you think they shouldn’t be paid for that? £2500 is an awful lot of money and nurseries all over the country are struggling to cover their overheads as it is because of initiatives like the 15/30 ‘free’ hours. I can appreciate to a point that you thought it was all in hand but who really doesn’t question having no invoice at all from a nursery in this day and age? Even if you had the 30 hours in place, the charge wouldn’t be zero. You’ve had a lot on your plate but seemingly so have they.

Both parties are at fault as far as I can see but childcare isn’t free. The best, and right, thing to do is continue as you are with the affordable repayment plan. Or look for another nursery and risk them pursuing legal action against you for nonpayment of fees.

@Barrenfieldoffucks Nothing to my direct email, nothing on my HMRC portal, just via a wen search/website.

It's certainly a lesson learnt!

@KateyCuckoo I haven't implied I'm right at all, I'm just don't understand how it happened. But, I forgot how nasty Mumsnet is.

As PP said, although the nursery could have been more helpful, I think the onus will still be on you to pay. If you signed up correctly you would have been getting codes and emails reminding you. If you didn't, then you were never signed up for it and should have been paying.

Whilst I understand you have difficulties around this stuff, again the onus is on you to ensure you understand appropriately what you are signing up to. That may mean getting a friend/relative/citizens advice to assist you in future. But it isn't the nurseries problem sadly.

@Confused2124 I'm sick of ableist people making excuses for being arseholes, but we move.

Try not to let them get to you OP, I wouldn’t return to this thread as sadly I think it’ll be a bigger pile-on soon with people telling you it’s your fault and you’re wrong and how could you be so daft, as if they’ve never made a mistake in their life. It’s not what you posted for, you were asking for reassurance but I think you came to the wrong place. Theres also a good Facebook group called Legal Advice UK that might be able to help.

@orangesareorangey I'm not consulting anyone for not wanting to pay. I haven't been very clear here but, when they notified me, they threatened to reduce my child's hours if I didn't pay it off in a short space of time or make a substantial payment.

I felt that, not being aware for 6 months and then being notified and threatened was unfair as they had made no communication to me.

I was made aware of the charges still needing to be made, this was told to me via the previous manager when we communicated about it, when I was having difficulties with payments, I then started a full time role and started clearing the arrears on top of what I was using per month.

When I signed the paperwork, I can only assume the manager left very shortly before or after that period and I had no communications. I knew thr arrears and the amount I needed to top up.

So, it was a big shock to me to be told the funding hadn't come through.

I've still had no invoice or total amount, that is just my estimated figure going back to then.

Hope that clears somethings up.

I don't think you're at fault, I think the system is very confusing for new parents and does it's best to make access difficult for the funding.
I get an invoice every month so can tell when the funding has gone through, I think they were negligent in not informing you after a couple of months they had not been paid.

@MILLYmo0se I applied via a search for 30hr funding, I then had to sign in via my government gateway account, but this area is not within my HMRC account.

I didn't receive any emails or confirmation directly to my personal email. I can only assume because its done via HMRC/Council it fell into just their specific portal.

I'm not really sure, hence why I've asked because all I got was I'm sorry for your frustration.

No real explanation on how this happened and no real follow up when I asked how it happened.

So I am just so flabbergasted by the situatuon and felt like here would be a place thsg may have a variety of individuals who could help me fathom it!

I think you're right, I an ultimately liable, it just sucks.

I didn't receive any codes. It was a website via HMRC. I remember I signed up via my government portal which links my NI number.

I had no direct confirmation as it already verified me via the portal and links automatically. There's been messages on there regarding the account but no direct messages or emails to notify me as far as I can directly remember.

It would of just have been nice to be aware when the arrears started accruing so I could of been made aware.

I'm just frustrated by the large amount, unnoticed until now by them.

I can see why it's a shock, but you do owe them for looking after your child.
The code is sent on your childcare account and does state it must be given to your childcare provider should you want to use the free hours. Hopefully they will allow a manageable payment plan, it would probably be unreasonable of them to want the lump sum all at once.

Yanbu
The nursery should have noticed that your funding was not being processed. They should not have allowed 6 months of debt to build up. If they had informed you after the first month of funding had failed to be processed then you could have taken the appropriate steps to avoid any further debts building up.

Hey OP, the nursery should’ve asked for your code from the get go back in August, which would’ve alerted you to the fact that you need to apply for it via the government website.
They have to have the code and put it on the system to claim for the money/funding via your local authority/funding team. When did you start working full time, was it after or before 31st August?

Code or not, why didn't you question not receiving a bill in all that time?

Presumably because OP thought it was being covered by the gov funding. Or was your child receiving more than 30hr's care, OP?

Regardless of what you should and should not have done, it sounds like you are liable here. The nursery has done the work and needs to be paid for that work. I would be proactive and speaking with them asap about how to start paying off what you owe? It will be less stressful once you get it organised and a plan in place so you know where you stand.

You have my sympathy, this is exactly the sort of thing that would happen to me!

It’s on you to sort your code and reconfirm it BUT no one tells you that. I learnt this from mumsnet just before my eligibility kicked in, from a story exactly like this.

However, the nursery shouldn’t have let it build up. I don’t think it’s on them to check eligibility as circumstances can change, but either way, they shouldn’t let anyone reach those arrears.

@B1984 I started working on a contract basis full time in June. I had a conversation with the manager at the time about it prior to this date and she stated the 30hrs, she explained that I would need to apply online and it goes on my NI number, I then will need to sign a confirmation every 3 months at the nursery.

So, I looked and noticed I was not eligible, I then did apply at a later date and was eligible. I admit there was a message which did state the code and it did need to be given to the provider, but I did not see that until this happened.

As I noted, I didn't tell the nursery I even applied and I think it was a week or two after I did, that I attended and was asked to sign it to confirm eligibility. At no point was I asked to provide a code otherwise I would of provided it then and there.

So, I wrongfully assumed that was all I needed to do.

If someone had explained it more or noticed the error before hand, I of course would of noticed and paid.

But, I stopped getting invoices, then I get communications stating an unknown substantial arrears and then told they need the code and the funding never went through.

OP, have you checked all of the messages in your government childcare account? If you filled everything in correctly and applied, you will have had a code sent to you and you just need to give it to them. The code should be in your childcare account.

@HillyHoney @littlemousebigcheese My child does less than 30hrs a week. I was made aware of the small top up fee and I was still paying of arrears so I was already making payments, but was not provided any invoices. I understood the manager had stepped down and if I'm honest, there's been a substantial amount of person things arise in this time that I just didn't query it.

@Idontknowwhatmynameis Yes, I have now! For some reason there is no email or text notification of these messages though.

I sent the code through and they've noted they can still use it for January. I assume they've done the headcount needed this time correctly and noticed, whereas, personal circumstances on both sides have caused a miscommunication.

I know I'm certainly liable for what I've used, certainly not quibbling that, just shocked.

@Nerurio I certainly do, I just wish it was noticed so much earlier as it wouldn't of been much issue, compared to what it is now.
Definitely something to learn from.