Nursery rejected DC because of Covid contact

[DinoRoar345]

DH has Covid. DS and I don’t (negative PCR and multiple LFTs). So I need to take DS to nursery and go to work. I said to nursery, if DS seems unwell please call me because he’s been exposed to Covid. And they said he can’t come in, please take him home!

Government policy is if you’re double jabbed or under 18 you do not have to isolate even if you’re a contact of someone with Covid. I need to go to work but now I have no childcare! Can I complain to council or Ofsted or something? I can’t stay off work for ten days when I don’t even have Covid.

They don’t exclude children who’ve had contact with a case of chickenpox, or diarrhoea, or vomiting, etc

Ours do! See above - sent a whole room home to quarantine.

Yes we are still seeing grandparents. Because DS and I do not have Covid. I wouldn't risk it but only you know what risk you can live with. The nursery have a policy you would have been notified at some point. If that hasn't changed then that is their policy.

Yes we are still seeing grandparents. Because DS and I do not have Covid

Just to point out. You didn't have Covid when you took the test but could have contracted it 10 mins later when you're living with someone with Covid. You wouldn't know unless you were taking daily PCR (not LFT) tests. Only you know how vulnerable the grandparents in your family are tho. Ironically we were given Covid by the grandparents and they fared better than us lol.

@Gliderx

I'd ask for a refund for those days since it's against Government guidelines.

She can't get a refund, don't be ridiculous.

The govts current (ridiculous) guidance is that under 18's don't need to isolate. That does NOT mean it's against the law for individual premises to say they're not permitted to enter.

She can't get a refund, don't be ridiculous.

Yes she can - nursery aren't providing a service. See CMA guidance for childcare providers on this point.

@DinoRoar345

What if another child there has a weakened immune system or lives with an elderly grandparent? I presume it isn’t an issue otherwise government guidance would be for household contacts to isolate. And that’s not what they recommend.

For the love of fuck try using your brain cells instead of repeating the same stupid point.

Just because there's not govt advice to not do something, it doesn't make it a good idea
to do it!!!

Isolation means you can't go for a walk, can't go to the shops and can't go to the playground. Happily your child is able to do so that stuff. Nursery have to give cuddles, handle nappies, have staff or children coughed on - no, it's not appropriate to take your child in when he might come down with covid.

It's annoying when illness gets in the way of anything, but that's how it is. So either your DH looks after him, you do, or have the grandparents do it. I seriously wouldn't be seeing grandparents in your situation though personally, that's even more irresponsible than thinking you should send him to nursery.

@Marianne1234

No one seems this bothered about school kids being required to go in when they have positive family members 🤷🏻‍♀️

Of course they are, but that's not what this thread is about.

@EmJay19

I agree with you *@DinoRoar345* they are breaking the rules. Would be different if you weren’t expected to go to work…

It's irrelevant whether you agree or not because you're wrong.

The nursery is permitted to have their own rules re attendance, you don't have to place your child at that nursery if you don't agree with their rules. I mean, fancy trying to protect other children, their families & the staff?! What ARE they thinking? They should accommodate one hard of thinking entitled parent instead. FFS

@Gliderx

She can't get a refund, don't be ridiculous.

Yes she can - nursery aren't providing a service. See CMA guidance for childcare providers on this point.

The guidance you keep linking to is specifically about whole nursery closures, not the application of sickness policies to one child.

@LivinginWFHlimbo. If the nursery is charging for care not provided because they are excluding a child in contravention to the government guidelines, that is likely to constitute an 'unfair charging practice'. The CMA requires nurseries to avoid 'unfair charging practices'.

The government doesn't mandate that children be excluded for 48 hours after vomiting and diarrhoea either but it's perfectly legal for nurseries to do so.

Even if the child is not sick again, they may still be carrying the bug so they are kept off to prevent the spread. Just like in this situation. Just because he isn't sick, doesn't mean he isn't incubating the virus.

The two situations are different. 48 hours is different from 10 days and here the child has a negative covid test. Refusing to accept the child at all and then charging for the place (as opposed to for example requiring daily testing) is highly likely to constitute an unfair charging practice.

@nothingcanhurtmewithmyeyesshut

The government doesn't mandate that children be excluded for 48 hours after vomiting and diarrhoea either but it's perfectly legal for nurseries to do so.

Even if the child is not sick again, they may still be carrying the bug so they are kept off to prevent the spread. Just like in this situation. Just because he isn't sick, doesn't mean he isn't incubating the virus.

That's completely different as in that case the child has actually been sick.

This is the equivalent of the nursery excluding the child because because his parent had been sick.

[quote Gliderx]@LivinginWFHlimbo. If the nursery is charging for care not provided because they are excluding a child in contravention to the government guidelines, that is likely to constitute an 'unfair charging practice'. The CMA requires nurseries to avoid 'unfair charging practices'.[/quote]
It might be, but you'd have to bring a case to test it. It isn't covered by the existing CMA guidance in the way you claim.

It's not so different. 48 hours is the incubation period for most sickness bugs. 10 days is the incubation period for covid.

They know for a fact that the child has been exposed to the virus and is still living in the house with his father. We are not suffering a pandemic if Norovirus, we are suffering a pandemic of covid. Noro also doesn't kill you.

The point I'm trying to make is that there is a precedent for nurseries refusing to take children who are likely contagious.

Ultimately nursery is not responsible for just OPs child. They have to put the best interests of the group first. Not to mention the staff. They are also entitled to put whatever conditions of entry they like provided that they are not discriminating against a protected characteristic.

My dad has covid is not a protected characteristic.

Parents work is not their problem.

It might be, but you'd have to bring a case to test it

No need to take it to court. You can report a business behaving unfairly to the CMA, who may oblige the business to refund you.

@nothingcanhurtmewithmyeyesshut noro virus kills about 200,000 people a year!

They are also entitled to put whatever conditions of entry they like provided that they are not discriminating against a protected characteristic.

Of course they can have whatever entry conditions they want. But they can't charge if they're unreasonably refusing to provide services.

@shouldistop OK so it is comparable then. They exclude for the incubation period of the virus if they have reason to think that the child is likely to have it. This is exactly what they're doing with covid.

They have every right to do this. They can refuse to take a child for whatever reason they like, bat the reasons I gave above.

[quote nothingcanhurtmewithmyeyesshut]@shouldistop OK so it is comparable then. They exclude for the incubation period of the virus if they have reason to think that the child is likely to have it. This is exactly what they're doing with covid.

They have every right to do this. They can refuse to take a child for whatever reason they like, bat the reasons I gave above.[/quote]
But in your scenario the child has symptoms of the illness.

The nursery do have every right to say the child can't come, but they can't charge.

Then the OP needs to refer to the sickness policy she signed. It depends what it says there as to whether she still has to pay. My instinct is that she doesn't but it may depend on terms and conditions.

Our nursery isn't taking children when a household member has COVID either. They told us that via email a while back though (and remind us regularly). Tbh I'd be pretty pissed off if the first I'd heard of it was being turned away at the door.

They also charge us for all Covid related absences and closures, but that's a whole other issue. The government guidelines only recommend that childcare providers don't charge, there is no requirement on them not to.

@TakeYourFinalPosition

The isolation point and the nursery not admitting your DC aren’t overly relevant. You don’t legally have to isolate with chicken pox or HFM either; but nurseries are well within their rights not to accept you if you have either, and at least locally to me, they won’t accept siblings of children with those conditions until they’re better either.

It’s unfortunate because you need to work, but the nursery has to legally risk assess for their staff and other families, too. And if you don’t want DC to catch it from DH, surely you don’t want nursery to admit close contacts either, so that your DC has less chance of getting it from there?

It does leave you in an awkward position this week if you have no other options than DH, but I think that’s just unfortunate… it’s not unreasonable on the nurseries part.

Agree with this

@DinoRoar345

What if another child there has a weakened immune system or lives with an elderly grandparent? I presume it isn’t an issue otherwise government guidance would be for household contacts to isolate. And that’s not what they recommend.