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Nursery notice

16 replies

Sl2712 · 22/08/2019 12:29

I need some advice my child starts school in September and is transitioning from nursery to school. The nursery have informed us we need to pay for the whole of September as we never gave them notice (1month) yet they have had the school teachers in and had a leavers do for the kids. I didn't realise we had to give the months notice as we are not pulling him out of nursery he is just transitioning to big school and they knew he was leaving as they were verbally told by us (which they could have said then needed to be written) and the school have been in touch with them. They want to charge us the full amount too! Has this happened to anyone else? I am panicking as we cant afford the full payments.

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RedskyLastNight · 22/08/2019 12:34

Is this a nursery attached to the school? If so, I agree you shouldn't have had to give notice. Otherwise, whilst it would have been nice if the nursery had reminded you, I suspect you will have to pay. It's quite common for parents to keep a nursery place on while their child starts school as Reception children don't often start full time so they couldn't assume you didn't want to hold on to the place for a little bit.

GeorgieTheGorgeousGoat · 22/08/2019 12:36

It’s usual to give notice to any establishment in writing yes. And also usual to pay the notice period in lieu if you don’t give adequate notice.

toomuchfaster · 22/08/2019 12:52

We didn't give notice, we were told DD couldn't attend in September as her space was taken by someone else!

ChildminderMum · 22/08/2019 13:27

Are you using any childcare there in September?

You should have given notice as some children might stop at the end of July, some at the end of August, some do the first week of September so the nursery aren't to know when you are giving up your place. They could have reminded you and chased you for a leaving date though.

Madwomanuptheroad · 22/08/2019 13:37

Surely if the space has been taken up by another child (ie offered by the nursery to another family) it was obviously communicated to and accepted by the nursery that you were ending their contract and there is no financial loss to them. They can't charge two families for the same place.

TuckMyWin · 22/08/2019 13:45

Yep, sorry, I think that's normal. Our nursery reminded us, but we had to give notice in writing. I think it's a little daft but some nurseries are part of a chain, or just large, and the staff knowing your child is going to school doesn't necessarily translate to the folk/system doing the billing knowing the same.

Yesisaidthat · 22/08/2019 16:29

I’m sorry but I’ve never heard of that and I work in early years and the nursery sector for a long time.

Do not pay it and say that you have not informed them you deferred entry and so are attending school. The nursery are trying it on

Bobbybobbins · 22/08/2019 17:08

Our nursery has recently put up a big notice about the need to give written notice if leaving for school to avoid being charged!

itsaboojum · 23/08/2019 08:17

It would be worth getting this looked at by a solicitor or CAB, as it’s not a cut and dried case. You may have some legal cover on your home insurance or find someone who’ll assess your chances with a short free consultation.

You can’t assume the nursery could be sure you would vacate the place without you giving notice: they couldn’t rule out a deferred start at school, home schooling, or part time attendance.

OTOH you did give verbal notice. Whilst not ideal or 'normal practice' that might still be enough. Check the contract and other official communications. If the business has never said it requires written notice, then verbal notice from the customer may well be sufficient, leaving them to prove you didn’t tell them. Alternatively, if they acknowledged your verbal notice in writing that’s equivalent to written notice.

Even if it turns out you needed to give written notice, you may not be liable for the whole September payment. Under the Consumer Rights Act, customers have quite a high degree of protection when cancelling contracts.

The U.K. government website explains, "if you cancel the contract, the business is generally only entitled to keep or receive an amount sufficient to cover their actual losses that directly result from your cancellation." And, "businesses must take reasonable steps to reduce their losses (eg by re-selling the goods or services.)

Iow, they can’t sit back and take your money. If they can fill the vacancy from another family, they have no right to be paid twice (ie by you and the new customer.) Nor can they decide to bill you and not bother trying to fill the vacancy. So they must be able to prove they are actively taking reasonable steps to mitigate their loss: this means advertising vacancies and keeping a waiting list at all times. Instead of charging the full September bill, they probably should be charging you no more than an admin charge plus maybe the few days (if any) it takes to fill the space.

I would query the bill back to them. State that verbal notice was given and if they acknowledged this. If the contract doesn’t mention written notice, tell them you are confident that you fulfilled the contract. You might invite them to recalculate the bill, for your consideration, on the basis of clearly itemised charges for actual costs incurred in respect of administration or actual losses, after all reasonable measures to mitigate their losses. Request evidence that they have made every effort to fill the space. Inform them they may need to prove they are in full compliance with the Consumer Rights Act and you are considering reporting the case to your local Trading Standards Office.

Frazzled2207 · 23/08/2019 08:58

I think technically you should have given notice yes.

Our private nursery were more helpful and emailed us to say "please confirm your child's last day" (as open through August and I know some kids are staying until early September). This was back in late June-ish. I can't imagine them making people who forgot pay, but they are known for being a very flexible nursery.

Frazzled2207 · 23/08/2019 09:03

Ps you have something to stand on if you specifically told them. Put in an email that you told (x) member of staff on (y) date, if you can.

As pp said the nursery staff might know but it's the people in the office that really need to know and unfortunately you can't guarantee that the two sides talk to each owner.

RedskyLastNight · 23/08/2019 11:08

Surely it depends on what is written in the contract with the nursery? If it specifies written notice, then verbal is not good enough.

It also depends what OP said to the nursery. "DC is leaving soon as they are starting school in September" is infinitely different to "As DC is leaving in September, their last session will be the 31st August".

Sabina21 · 23/08/2019 12:04

We had to give written notice too a month in advance.

bananaskinsnomnom · 23/08/2019 20:56

Sorry Op but yes you should have given written notice.
Having said that, the whole of September is harsh - so they ask for a calendar month notice? Ours asks for 4 weeks - so if you were at mine, 4 weeks wouldn’t cover all September.
But sadly it’s most likely in your contract that written notice is required.
We send out a message at the start of June asking for leaving dates to avoid people getting caught out. Schools do so many different things. We have our last remaining 2 school leavers hanging on until September 13th! Because their school starts them off after everyone else! Some left in July, we’ve lost 3 or so children a week since. So it’s not necessarily weird for people to hold nursery places into September. Sorry Op you could be stuck on this one.

Cliffdonville · 23/08/2019 21:08

We had to give a months notice in writing and it's in the contact. I would check your and go from there.

MummytoCSJH · 23/08/2019 21:29

If its attached to the school then no. If it's independent of the school then yes I would expect to give notice/pay just like I would a childminder or other childcare service.

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