Removing child from nursery after incident - do I still have to pay two months notice?

[Christmas78]

Can anyone give me some advice? My nursery policy is two months written notice when you're leaving. However, I have been a bit uneasy about the nursery since he started four months ago and last week I picked him up with five bites on his arm and horrendous nappy rash (which he only gets there). I want to take him out immediately but I can't afford to pay childcare somewhere else if I have to fork out two whole months to them too. Do you think I can argue this? Would be grateful to hear other people's experiences.

Depends whether they have breached the contract you have with them. If they have (and I think you might need more than the bites and nappy rash for that as they could be considered fairly normal occurrences for children - have there been any dangerous incidents/accidents and have you lodged any complaints?), then you could refuse to pay, but would risk them suing for payment. Otherwise, you need to give the notice I'm afraid.

yes, you still need to ay. Confused as to why you think you wouldn't?
Nursery will argue that nay rash can occur anytime, and children bite!

Yes, I think your answers are probably confirming that it will be very difficult to argue I shouldn't pay. The reason I wondered if I could avoid it is that I have had several meetings with them to discuss my concerns that the staff are not exercising sufficient care - ignoring crying babies etc. Each time it has improved for a while and then started to slide again. My concern this time is the extent of the problems and I have taken photos but you're right it's still a thin line. It's very normal for children to bite but I'd say less normal for the staff I'm paying to look after him not to notice that he was bitten so many times in one day that when I picked him up his arm was black and bruised from wrist to elbow. They even called the bites 'shocking and awful' themselves. And again less normal to send him in with no sign of nappy rash and pick h.m up screaming with a completely raw bottom. He has had nappy rash three times in his life and both times I dropped him off without and picked him up with. Ah well, guess I'll just have to find the money / take some time off work. Thanks for your thoughts though.

I would go in to the nursery and report it as a serious example of neglecting your sons needs. If they can't give adequate assurances then I would say remove your son and refuse to pay. You have been in los to complain, and the situation you describe is completely unacceptable. Can you report your concerns to Ofsted?

I think you'd need to have gone through the formal complaints procedure before you could breach the terms of your contract.

You need to meet with the manager asap and put complaints in writing.

Best of luck.

The bites are inexcusable in my opinion (as a nursery manager). Yes children bite but 5 bites in one day is something entirely different The nappy rash could just be they use different wipes/nappy, or the food is different etc.

I would complain about the bites. They have failed to keep you child safe. In their shoes (god forbid I ever find myself in them) I would not be asking for notice.

Can you ask them to reduce it to a month and meet you half way? We have decided to pull dd put of current nursery with 2 month notice period and manager reluctantly agreed to drop it to a month after I pleaded poverty. Good luck - going through this myself I know how stressful it can be.

5 bites is way excessive over a period of time never mind only 1 day!

I would argue that they have breached the contract by not safeguarding your child sufficiently, explain that you are v unhappy, you don't trust them to keep your child safe (bite free) therefore you will no longer require them to care for your DS give them a copy of your photos with the letter for their records and hang onto copies should they decide to chase the notice fees.

I doubt very much they would as a nursery manager I would be beyond mortified if this happened and would be apologising. Good luck

I'm with dribbleface.
5 bites in one day IS excessive, and proves that not only are they not meeting your child's needs- they are not meeting other children's need either.

Nappy rash, well that one's debatable, although not good there could be reasons.

If I picked up my child from nursery with an arm black and blue from bites, there is no way in hell I would ever send him back. They've certainly broken their side of their contract in letting this happen. I would not pay a penny and instead write a letter telling them why, and if they want to take you to court to get their money, then see them there. Good that you have photos. Good luck.