Laws about leaving a nursery and still have to pay (and what exactly)?

[iikkww10]

Hi,
We’re in a tricky situation where we have to pay an extra term for the nursery my child is leaving. But what I have read but cannot find anymore, I guess it’s under the consumer law? Is that we shouldn’t be having paying for food or any stationary costs when my child isn’t there any longer? Bear in mind, it’s a very expensive nursery and they won’t be taking new children in, meaning they won’t replace my child’s place in any way. The manager is also threatening us by using legal help and other things, which makes me feel very uncomfortable as my child still has a week left.

thanks

Surely the costs / notice period are covered in your contract with the nursery, not by any particular statute. What does the contract say?

My guess is that you have to pay whatever your contract says.

What does the enrolment paperwork say?

I think my nursery contract is fairly clear that I need to pay all costs during the notice period.

Check your contract and or their policy not the law

It is a purely contractual matter. What are the terms that you agreed to?

You signed a contract when they started. You have to give notice in accordance with that contract. You’ll pay throughout that notice period whether DC is there or not.

thats the issue with the contract. It doesn’t say anything what happens/what’s expected of you during the notice period.

Is there a terms and conditions that goes with the contract? You need to ask them to specifically show the terms and outline what you have to pay.

Surely it gives a notice period and says you have to pay as usual?

I think in this circumstance you pay the basic fees covering the notice period but not the charge for food or consumables, because as you say, your child isn't there.

I cannot imagine a nursery will take you to small claims court over £6 a day, even if they did have a claim (and I don't think they do if it isn't in the contract).

It doesn’t say anything what’s expected of us during the notice period, that’s the issue with the contract..

If the notice period is in the contract and its a term, then you have to pay for the term unfortunately.

It's purely a contract issue. If the charge is not referred to in the contract then they cannot apply it.

Yea that we know but do we have to also pay for food etc for her?

Nothing is stated in the contract what we have to pay etc, it’s implicit they say. We understand we may have to pay the term but not for food etc when she’s not there anymore?

How do you usually pay? Is it one fee for care and another for food etc or is it one fee that covers everything without it being broken down? We pay one fee that covers everything at my nursery so would pay the whole cost during a notice period.

It should be just the term fees, but food and other costs are usually just wrapped up in the daily fee anyway aren't they? You just have to pay the full amount so they have time to find another child to take the place, they don't want to be losing out. Hard to accept but that's the way it goes I'm afraid. You should have given more notice...

Sounds like perhaps you didn't give notice in ample time before you wanted your child to leave, so you're having to pay the notice period after the date you've left?

Or have I misunderstood?

If you know you're going to leave, you give notice. Your child attends during the notice period so of course you pay all the costs associated during the notice period. If you didn't give enough time and child leaves before the notice period ends, then yes I'd still expect you'd have to pay the associated costs of attending because it was your error not giving the full notice.

What does it say about your usual costs? That will give you an indication of what you psy in the notice period. So does the contract state nursery fees plus food costs or does it state nursery fees?

As a pp says they are unlikely to pursue you for food costs.

The law you are under here is contract law. You are bound to do whatever you signed up to and someone needs to interpret your contract for you if you can't do that yourself. There may also be case law or precedent depending on how the contract is drafted. A bunch of strangers on the Internet cant help.

Why don't you confidently pursue your position that you understand the notice period to include fees only but no contractual obligation to pay for consumable items. Given that they will not be incurring these costs you can argue this in small claims if it comes to it.

If the contract doesn’t say you have to pay I wouldn’t pay anything.

A notice period clause doesn’t specify what is included, only what, if anything, is excluded. So if it is silent, as you say, then that means you’d pay the usual amount during the notice period as you would pay during regular term time. Yes this would mean you pay all costs you’d normally pay.

If there’s nothing in your contract about notice then you don’t need to pay

What are the specific words in the contract regarding notice. ? Are you saying there are none or that it doesn't specify exact costs. ? For example ; In the event the child leaves the nursery one clear months notice must be given and the usual fees paid in full OR same line but ...and associated costs... is that what you are asking ?

If so, and no mention of ancillary costs then no, it's far from 'implied'. Food if fresh is not purchased over a term in advance. If frozen then remains that way. No loss to the nursery. Stationary etc are not single use time restricted products. So again, no pecuniary loss to the nursery. They can't just add stuff on under these headings because they fancy more money. Tell them to jog on. Pay what's contractually agreed and no more or less.

There clearly is a notice period as OP refers to it.

Do you pay separately for food and stationery ( the latter seems unlikely tbh). If not the. You pay what you always pay.