Nursery Contract

[magicroundabouts]

My DC is currently attending a Nursery attached to an Independent School. Nursery accepts children from 6 months to 3 years and then they can join the school for Foundation (preschool) onwards.

I have signed a contract for DC's place at Nursery and it asks for one months notice to terminate the agreement. DC has just turned 3 and I applied for a place in the preschool and filled out the school registration form, which asks for a terms notice to terminate agreement.

DC was initially offered a place, but this has now been withdrawn by the school. Instead they want DC to remain in the Nursery and they will consider DC as transitioning between Nursery and Foundation. When I pressed them on the T & C's, they said a terms notice would not apply, but nothing further. To date I haven't received any written offer of this revised plan or signed anything to indicate acceptance.

So, am I right in thinking that if I decide to decline this offer I don't need to give any notice? That the Nursery contract will cease as DC has now turned 3 years?

Also, they should provide a revised contract, shouldn't they? Otherwise I assume they can pull this new offer at any point they wish?

Without seeing the contracts in full it is impossible to say. I would be surprised if you don't need to give any notice but you may be right.

If you don't have a new contract that you've signed then your existing contract is still in force. That means the notice period is still applicable.

Why do they suddenly want to hold the progression? Tbh I would take this as a warning that the school is not a good fit and consider other options. I would assume that the month's notice applies while attending nursery or until the preschool place is offered and accepted, at which point a term's notice would kick in (ie. even if you withdrew at that point , you need to give a term's notice of not taking up the place).

Thanks for all the replies.

I think what is really annoying me is that they did offer a preschool place, which I accepted, including the revised T&C's & I assumed the Nursery contract had ended.

They have since withdrawn the preschool place and I can only guess, since they haven't confirmed in writing, that they consider the original Nursery contract ongoing. Can they do this without outlining their new offer in writing and receiving acceptance? Children are only meant to stay in the Nursery until the end of the term in which they turn 3.

To be honest I am pretty angry with the way this has been handled. LIZS I completely agree that this is a clear sign the school is not a good fit for DC and I am looking into other options. I don't fancy giving them more notice than I need to, but maybe it is better to put hurt feelings aside, assume the one months notice and get out asap!