Forced to change nursery (not started at yet!!) - unable to get refund

[Welshboff]

I'm after some advice please.

The situation is my partner and I choose a nursery for our now 10 month old months ago ready for when she returns to work in Jan '18.

So we have paid, registration fees and first months nursery fees (fees circa £550, registration circa £200)

We have found out that that mum's work are relocating her team to another office in town which means the nursery that was around the corner from her work is not suitable any more because of location and logistics.

We have politely informed the nursery of the situation (3 months notice) and asked if we can get a refund as we have not used the nursery yet (this is sum of around £550 which we can't afford to loose).

They have said no.

I freely admit their T&C's do state there is no refund of fees for the first month. However this seems unfair and unjustified because we have provided them with sufficient notice to allow them to re-fill this spot. They have a waiting list and a high reputation so in my mind can easily fill the now vacant spot. If we had given them short notice I'd accept we would loose out, but with 3 months notice.....!!

My male side of the head is saying, how can they justify holding this large amount of month for a service we have not actually used. I expect we would loose the registration fees (£200) but to loose the day fees is not sitting well with me.

This can't be a unique situation.

Does anyone have any advice please?

It isn't a unique situation and it is quite normal for the nursery to keep the deposit. That's what it's for. Sometimes they can fill a space immediately and sometimes the space is empty for a year.

It's a shame your circumstances changed, but that is what you agreed to when you signed up.

I’d be asking her work to compensate as part of the relocation

Good idea IMissGin.

This is normal, it's in the t&c for the nursery we use.

Where is the nursery in relation to your office? Could you use the nursery for the first month and then move her so you don't need to pay twice?

Male side of the head?

If you can send her for the 1st month then change to a closer nursery

Who are you in this situation and where do you fit in?

What does your female side of your head think?

Male side of the head

But yes this is normal. If you didn’t want to lose the money and could make it work then send her for a month and then move her. Or as PP has suggested, ask work to compensate since it’s their short notice relocation that has caused this.

Some helpful, practical responses here, which offer you a couple of ways to try to recoup/use the first month's fees (which of course you're not entitled to receive back, as the terms and conditions of your deposit were clearly stated when you signed up).

But...."male side of the brain"? What's going on with the female side?! Is it failing to function due to being crippled with hysteria? Or is it rationally telling you that you can't be too upset by a common, fair and transparent policy? Jesus wept.

I would not recommend settling a child into a setting for 4 weeks only to move them again its not like putting your dog in kennels and can cause you more problems in clingy upset child who wont be left while you go to the kitchen.
The only way you can know if its a fair contract term is to get legal advice. I would be explaining to work how much its cost and any issue about funding a new settling. You may find a childminder (working to, registered and inspected by the same standards and bodies as nurseries) does not need so much up front.

@jannier no one is sayings ts ideal, but then the money isn't wasted.

My dd is starting at 1 nursery for 8 weeks then we'll be moving her as we've been on the waiting list for our preffered nursery for 10months and will get a space just after Xmas.

Needa must and babies will adapt

Lazypuppy - this should be a last resort once you explore every other avenue like taking emergency leave, holidays, using family and not one to glibly recommend. All childcare professionals would advise against this unless there is no other possible option, not wasting money is more the argument you out to a 3 course menu option when your stuffed after the mains but force down a dessert not when you are considering the welfare of a child, a typically developing 10 month old is at a very important stage of attachment and leaving them with strangers is much harder than at 3 months or 20 months.

@jannier yes its not ideal, but as i previously said needs must. I cannot afford to take 2 months off unpaid.

Every baby is different and my LO has had no issues at her settling in sessions so far.

@Welshboff

Yes, seek legal advice as to what you may be able to recover. Your home insurance policy may include some provision for legal support, as will many trades union membership terms. Failing that, a lot of solicitors offer an initial free 15 minute consultation: essentially to decide if it’s worth proceeding with a case.

My guess is that you’d forfeit the registration fee, as the nursery will have incurred costs in that regard. You may be able to recover some or all of the first term's fees. That's if what you say about them being able to fill the vacancy is correct. Despite the contract terms, they remain legally obliged to mitigate their loss where possible.

But don’t just go by what you read on a message board; you will need proper, qualified legal advice (and I’m quite sure a solicitor will be less rude than some contributors.)