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Terminating Contract with Nursery & Refusing to Pay

1 reply

Daseke · 23/01/2023 23:43

Hi,

my 26month old son has attended same nursery since he was 8months old.

recently I have noticed several issues that do not sit well with me;

he had a reaction to a food in baby room I asked for him not to have it again and they have done several times
coming home with poo smeared all over his bum from not being wiped properly
suffering with nappy rash because they aren’t changing him enough
only changing him twice a day (in 10hrs)
poor hand overs
lack of communication to parents

I stated all my issues in my letter of termination as I couldn’t bare to send him there any longer. I have given a months notice which ended 7th Feb.

In their response they “accidentally” told me he had also had a severe reaction to another food item in baby room but had failed to tell me.

we are now 1.5weeks into our notice.

today when I picked him up at 17:30 the member of staff told me he had projectile vomited all over himself at lunch time and had diarrhoea on three occasions since then. When I asked why they hadn’t called me they said “he seemed fine”

I now want to pull him out of nursery but feel I have the right to refuse to pay for the remaining sessions as I don’t believe they can care for my child.

does anyone know my right around refusing to pay?
do you think this warrants a Ofsted compliant?

(there is a lot more to the complaints and story, this is just a brief overview)

**this was originally posted in nurseries but was advised to post in law instead

OP posts:
FeinCuroxiVooz · 23/01/2023 23:57

I am not a lawyer.

but my guess is, that you would only be able to get away with not paying if your complaint to ofsted results in an inspection which categorises them as so inadequate that they are actually forced to shut down - only then could you successfully argue that they have breached contract by not providing the service you were paying for. even if they are categorised as requiring improvement that wouldn't be sufficient to warrant you breaking your side of the contract.

I agree with you that you shouldn't trust them with your son for another minute, but the burden of proof on you to extract you from your obligation to pay the notice period is frankly too high. I think you will have to pay because the fight to prove them so inadequate that they shouldn't be functioning at all us not a task that is really proportionate to the 2.5 weeks of fees at stake.

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