Immediate withdrawal from nursery and fees

[Ankleweights]

Hi
Please could anyone offer any advice.
I had to pull my child out of nursery due to a very serious allegation made by my child. The police are investigating as well as the local authority.

I gave notice as per their policy of 6 weeks. I've not notified nursery that I've removed my child with immediate effect or any other information regarding the allegation as I didn't want to compromise police investigation.

Their policy states 6 weeks notice period where fees are due. Their policy also mentions they'll adhere to Ofsted and local authority safeguarding measures and standards of care.

They've sent me a bill for the next month. Can I contest this? I don't want to pay this fee as I feel I'm paying for someone within their organisation to have harmed my child.

Is there anything I can do?

TIA

You can try. I would have told them you’ve withdrawn with immediate effect tbh.

Have the police instructed you not to inform the nursery manager that there's been a safeguarding incident?

As far as they’re concerned, you’ve withdrawn your child so have to fulfil the contract stipulations. Ie, the fees are due. If you haven’t explained why, how are they to know the reason why. I get why you don’t want to pay, but as far as they’re concerned, you’re just a mum who’s taken your child out of their nursery.

If you gave contractual six weeks’ notice you accepted that fees are due. If you had said with immediate effect you could argue not. Is it clear to them that you have suspended payment subject to the outcome?

@friskery yes because the incident relates to that person and to not raise any alarm bells

That’s really odd as potentially it puts other children at risk. Are Ofsted and LADO involved, as they can close it down while investigation takes place if so.

@Silverbirchleaf i was advised not to raise any alarm bells due to the nature of the allegations.

@LIZS i haven't said anything and reason i gave was "other". Yes, Ofsted, LADO and special police officers. Person has been removed from post

So on what grounds has the staff member been dismissed? Would that not mean the allegations are being taken seriously and the risk removed? Are they investigating the individual or the setting?

If they've been sacked them surely the nursery knows something happened?

Not sacked. Put on leave pending investigation.

They've not met their obligations to provide a safe environment for my child. All fees have been paid til the end of the month. As my child will not be attending any longer i wont be paying their fees. It's not just a case of removing the person but also the environment and failings of other members of staff to ensure safety.

Is there any potential legal/financial repercussions i need to be aware of by refusing to pay? Thank you

I don’t have any legal qualification but I would tell them that their failure to provide safe environment for your child is a prima facie repudiatory breach of contract on the basis of which you, the innocent party, are exercising your right to terminate the contract immediately, therefore you owe them nothing further.

But you do need to to say something along those lines. If you behave in some way as though you accept the contract is continuing they may say you have affirmed the contract.

If they want to take you to court they can, but it’s quite unlikely, and if they do you’d get a good hearing from the judge.

They could legally claim fees as per the contract. If the issue goes beyond one individual and is a serious Safeguarding breach I would expect LA and Ofsted to act now, pending investigation.

Maybe they would not kick up too much fuss if you did not pay as they do not want to draw attention to the allegation and investigation.

Breach of contract. They are unlikely to sue you on this.