You absolutely can fight this.
Quote the Early Education and Childcare guidance for local authorities. Here is the link below.
https://www.gov.uk/government/publications/early-education-and-childcare--2/early-education-and-childcare-applies-from-1-april-2024
This section
A1.31 Ensure that providers are aware that they can charge for meals and snacks as part of a free entitlement place and that they can also charge for consumables, such as nappies or sun cream, and for services such as trips and specialist tuition. Local authorities should ensure that providers are mindful of the impact of additional charges on parents, especially the most disadvantaged. Providers, who choose to offer the free entitlements, are responsible for setting their own policy on providing parents with options for alternatives to additional charges, including allowing parents to supply their own meals or nappies, or waiving or reducing the cost of meals and snacks.
And
A1.35 Ensure that providers are completely transparent about any additional charges when a parent first takes up their child’s free place, for example, for those parents opting to purchase additional hours or additional services.
A1.36 Work with providers and parents to ensure that all parents, including disadvantaged families, have fair access to a free place, which must be delivered completely free of charge. Ensure that providers do not:
- charge parents “top-up” fees (any difference between a provider’s normal charge to parents and the funding they receive from the local authority to deliver free places).
- require parents to pay a registration fee as a condition of taking up their child’s free place
A1.38 Ensure that providers publish their admissions criteria and any fees for consumables, additional hours and services and make these easily available to parents to enable parents to make an informed choice of provider.
They have fallen foul of each of these sections. Your child does not wear nappies, you’re not paying extra for nappies not used. You will provide a snack. No where have they advertised the app as an extra charge, in any event it’s a business decision to purchase in the app and not necessary. They cannot pass this cost on any more than if they said “we have a music teacher coming in for an hour on Wednesdays so you have to pay an extra £5”.
Your child’s education is supposed to be free.