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Dispute with child care providers

4 replies

Suzy39 · 19/10/2020 16:04

We have withdrawn our child from a professional childcare setting for a number of reasons but all amounting to him not being cared for sufficiently (he is 18m old). I would call it neglect as they have failed to ensure he has been supervised to eat, and also not had his hygiene met either. There is a catalogue of events over weeks which has been mentioned, then a call to the manager, then a formal complaint, then finally a complaint to Ofsted and withdrawing him after he was returned home to us at the end of the day covered in dried faeces which had not been cleaned after a nappy change, and nappy rash so bad he refused to walk home and screamed when I bathed him. This was not the first time he came home so sore.

Understandably, there is no way he is going back however, the nursery are refusing to refund monies for days we have not used yet (we pay in advance) or our deposit. In fact, they have yet to apologise.

I hope Ofsted do what they need to do (in fact I have also discovered that other parents have complained about children's care too but not sure if any have gone to Ofsted), as the local council aren't remotely interested. Ofsted don't give you feedback either, it is just used as intel on which they decide to inspect etc. then you can see what comes out publicly.

However, I wondered if it is worth bringing a civil case against them for 'injury' (yes he recovered in a few day but it is still horrendous and unnecessary for a young child to go through) and refund of fees paid which they will no longer be providing services for.

I can get free legal services through work but just thought I would seek some opinions on whether this is worth persuing. It's not really about the money but there is the principle of it.

OP posts:
KihoBebiluPute · 20/10/2020 07:37

You are quite right to withdraw him from their so-called "care" as that is a horrifying list of shortcomings.

Whether you can get any money back will depend on what the contract says, but I would expect that there would have to be formal proceedings proving that this negligence occurred before any refund condition is satisfied. At the moment there is only your allegation. Have you gone public in the local press yet? You could draft a copy of what you would send to the papers (based on your op above and naming the nursery) but send it to them first and say you will not send it to the newspaper if you can have your deposit and payments for future/unused sessions refunded. Then they have a chance of rectifying things without too much damage. You will need to ensure that there is no exaggeration or inaccuracy in what you write because you could be sued if you publish anything untrue. Do you have photographic evidence?

SoloMummy · 20/10/2020 13:38

I assume you have formally informed them of your withdrawal so that you're also not accruing bills for the next month?
I think that legally, they're permitted to keep the money. ONLY if they accepted negligence or from threat of legal action may they make an offer.

I would in your shoes also make a safeguarding referral.

Suzy39 · 20/10/2020 14:12

@KihoBebiluPute i found out yesterday another parent has experienced the same / similar so i have forwardedmy complaint and told her to contact Ofsted too.

No not gone to press yet... however i have had a response basically saying I am lying, and that they have reported me to the police for taking photos of my son. But yes i have photos, and of his supposed clean nappy.

However, they will not accept any responsibility but will refund me in due course.

So, I will wait for the refund then go to the press.

@solomummy i have made a safeguarding referral via the council however they replied to say it's not something they deal with and referred to Ofsted.

OP posts:
prh47bridge · 20/10/2020 15:07

Reported you to the police for taking photos of your own son? Seriously? What planet are these people on?

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