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Nurseries

Find nursery advice from other Mumsnetters on our Nursery forum. For more guidance on early years development, sign up for Mumsnet Ages & Stages emails.

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Original poster

Withdrew DD after lack of care - can i get my deposit back?

44 replies

jorange5 · 17/10/2007 21:29

I withdrew my 11 month old DD from her nursery without notice and I have asked for my deposit back but they say they are 'investigating'. Two weeks on and still no word so what do I do? What are my rights?

What happened was this - I took DD to nursery at 1pm (she was only in for the afternoon). At 6pm I went to pick her up and found her sat playing alone. When she looked at me i noticed spots down one side of her face so i called a member of staff who said she hadn't noticed them. I was concerned so undressed DD to see if there were more spots and she was COVERED in raised red patches, particularly on her legs. By this time other parents were there and loads of people were having a look. Then I noticed that DD was wearing the same nappy that I dropped her off in (I put her in a tesco nappy whereas nursery uses posh biodegradable ones) which explains why nobody had noticed her appalling rash. I didn't say anything about the nappy at the time becasue until then i was so happy with the staff and DD loved them so I didn't want to embarrass anyone but now i wish i had said something. i was sent home with a daily report saying a nappy change was done at 3pm.

Also, when I we got home DD drank 8oz of water (most odd for her) which suggests she was not offered sufficient water.

The rash seems to have been caused by an allergic reaction to something (dont know what though) and it took some hefty steroid treatment to treat it. As a result I would not trust that nursery to look after her any more.

I paid 100 quid as a deposit and I want it back but am I entitled to it?

Sorry this is so long!!

OP posts:

Are your children’s vaccines up to date?

Set a reminder

Lazarou · 17/10/2007 21:38

£100! Your poor dd, that's dreadful. I don't know what you can do. What exactly are they investigating though?

Original poster

jorange5 · 17/10/2007 21:44

They asked me for a copy of the report she went home with and were suitably horrified and apologetic and said they would investigate. I don't know if I should call them and demand it or what. Also I don't know whether to tell OFSTED or write to other parents and voice my concerns. I guess I'm not sure whether I over-reacted or not I just would not trust them with DD again, particularly as she might have a reaction again.

OP posts:

TheEvilDediderata · 17/10/2007 21:49

What is the rash?

Original poster

jorange5 · 17/10/2007 21:56

It was an allergic reaction to something. It did not respond to piriton but the steroids cleared it after 3 days. We have no idea what the reaction is to as DD eats everything like peanuts, strawberries eggs etc and there is no allergies in our family. One doctor said that another exposure may cause an even worse reaction.

OP posts:

yama · 17/10/2007 21:58

Request your deposit back in writing. I don't know if you are entitled but if you are going to take it further it will be useful to have a record of what has happened in writing. Keep the tone matter-of-fact.

CantSleepWontSleep · 17/10/2007 21:59

Were the nursery able to tell you exactly what she had eaten that day?

No idea about your rights, but I would hope that you would get deposit back.

Doesn't sound like you overreacted to me.

PeckaRolloverAgain · 17/10/2007 22:02

I would DEMAND money back and tell them that ofsted will be hearing from you!

How could they leave an 11 month in the same nappy for 5 hours? Never mind not noticing the rash which is and then lying on the report home.

Totally NOT overreacting IMO

mammyofET · 17/10/2007 22:02

Not my area of expertise, but know a little so here goes:

Write a letter (keep a copy) telling them that their incompetence makes you feel that you cannot leave your dd in their care and that they have breached their agreement with you (whether or not it was in writing - it doesn't have to be in writing to be an agreement) and you would like your deposit back.

A further tip - don't make your letter too emotional (as much as I would be fuming and would want to), make it straight to the point and give them 14 days for them to return the deposit to you (make it clear which address you want it to be sent).

If they fail to respond, write a second letter telling them that you will be issuing in the small claims court to reclaim your £100 (if you don't hear from them within 7 days) and will be getting in touch with the authority (who oversee childcare arrangements - not sure who this would be?)

HTH - Let us know how you get on.

mumofhelen · 17/10/2007 22:10

I would second the advice from mammyofET. Write the letter. By factual and unemotional. Give a deadline for the refund. If they fail to adhere to this deadline, issue a small claims court writ with a copy to OFSTED.

Rest assured. OFSTED will be out like a shot to that nursery. I should imagine they'll pay out. Other things come out at a hearing of a small claims court, you'll be surprised.

Original poster

jorange5 · 17/10/2007 22:18

OK, I will write them a letter in the morning, I am so angry about the situation that I have avoided phoning them as I have a short fuse and I don't want to make things worse by going mental at the manager.

Apart from wanting my money back i think OFSTED should be informed for the benefit of other parents, however, I might hold back from telling them my plans to inform OFSTED until I get my money - that is of course unless they refuse in which case i shall threaten it.

I'm really grateful for the advice you have all given. I wasn't thinking clearly as i didn't know if i was being over emotional.

OP posts:

mumofhelen · 18/10/2007 09:52

Oh by the way - not being facetious here - but don't use the term "threaten" - it's frowned upon in legal/professional circles. You will merely be "expressing your concerns" to OFSTED. The last thing you want is for the nursery to claim that you "threatened" them - and believe me, when people are scared/insecure (especially if it invoves money) they will do/say anything, even more so if they are in the wrong.

bossybritches · 19/10/2007 08:31

YANBU you have to act. But also bear in mind that it could be just one staff member who is bad not all & you actually might be helping the manager if you flag up concerns- it might be a NN who has had complaints before & the manager is DYING to get rid of her but needs evidence like his to justify it. It's terribly difficult to get rid of someone these days without evidence.Whilst you would like to think that a manager knows EXACTLY what's going on all the time in all areas it's possible for an inefficient/lazy carer to get away with a lot.

So I would say raise your concerns, but if you are happy with the staff on the whole be prepared to listen to what they are going to do to ensure it doesn't happen again. You don't have to stay, & if you put everything in writing they should return the hefty deposit.

Good luck.

SofiaAmes · 19/10/2007 08:50

I think that the egregious part of it all is the lying on the report and saying that the nappy was changed when it hadn't been. If my children didn't poo, I might leave the same nappy on for that long...never had a problem with nappy rash. You must put your complaint in writing, if you ever wish to get your deposit back.

bossybritches · 19/10/2007 09:21

Yes the lie in the report (which is down to one carer) is bad. Even if the child hadn't poo'd the nappy should have been changed to check for nappy rash, as she surely would've wee'd during that time?

I think this comes down to bad practice on the part of the carer & I would expect a full explanation of how the procedures which they should have in place were not followed.

Original poster

jorange5 · 19/10/2007 13:10

The carer who was looking after her was in charge of the baby department. She is lovely and DD adores her so I feel bad for getting her in trouble but it is what i had to do to hopefully stop it happening again.

I wrote a letter this morning and got really angry while writing it so i will get DP to look at it tonight and check it is OK as i don't want to antagonise them - i really need the money back!

OP posts:

taffygirl · 06/11/2007 21:33

Hi, I own a nursery and would be devasted if that happened in our nursery.

You have probably done the letter already and I would hope that you have had your deposit back. I would check your contract and see what that says. They have breached the contract by not providing a suitable level of care for your daughter.

Let us know what happens

bobbysmum07 · 07/11/2007 17:57

It's not the nursery's fault that your child had an allergic reaction to something if she had no known allergies and was eating a normal diet. Fair enough, someone should probably have spotted the rash, but it depends what it looked like and how bad it was. It's not uncommon for kids to have blotchy faces, especially if they're teething, or even just hot (some kids have pale skin which turns blotchy very easily).

They definitely shouldn't have lied about changing the nappy, and in five hours, she should have been changed, but it's not exactly the crime of the century. I think you've over-reacted. If I were you, I'd take a deep breath and count to 10. Nothing terrible happened here.

meemar · 07/11/2007 18:01

I disagree bobbysmum. Staff 'not noticing' a child covered in a rash, and an unchanged nappy for 5 hours is terrible.

What if the rash had been something more serious?

lucyellensmum · 07/11/2007 18:15

Nothing terrible? Just as well the poor bairn didnt have menengitis then I think it is inexcusable behaviour and the OP is being quite restrained in her response. The child was alone when the OP went to collect, i wonder how long for? Great, another horror story for me to add the list of reasons not to put DD in nursery.

taffygirl · 07/11/2007 20:48

I do feel though that all you will hear is the bad stories!

The good stories from Nurseries by far outweigh the bad.

Children developing early - eating new and different foods. Interacting and experiencing new things every day.
Socialising and making friends. The list is endless....

being able to get into a complete mess and not ruining your carpet!

Lulumama · 07/11/2007 20:53

i think that not changing a nappy is actually very bad practice for a nursery, who are paid to take care of a child...take care, not just leave to their own devices.if a nappy has not been changed, would they have been bothered to play, interact, cuddle and nurture the child? i think not

and then to compound matters, they lie

how can you possibly trust a nursery like that, with your child, the most precious things you have after that?

i couldn;t

Desiderata · 07/11/2007 20:54

Children developing early in nursery is definitely a matter of opinion, taffy.

And that's my one and only comment on the matter

Original poster

jorange5 · 07/11/2007 21:20

I wrote the letter but haven't heard anything back yet I intend a follow up call if I don't hear something soon.

bobbysmum, I know it is not the nursery's fault that DD had an allergic reaction. It is their fault that they didn't spot it by at least changing her nappy. The rash consisted of extensive red patches and was accompanied by swelling. When a doctor saw it he said 'Oh Christ'.

The nursery should have noticed it.

OP posts:

lucyellensmum · 08/11/2007 08:52

desi, i find myself agreeing with you. Also, i am more than happy for my DD to make a mess at home , im not going to let being houseproud be a factor in deciding whether to send DD to nursery or not, that would suggest people send them to nursery as an easy option. I always assumed people send their children to nursery because they have to work!! I am just starting to look for a preschool for my dd, 2.3 and i have been to a few, only one came anywhere near the standard i would expect to trust someone with my daughter.

But this is not about that, this is about the OP taking appropriate action in the face of proffesional negligence. If it were me, i would be seeking legal advice and reporting to ofsted at the very least.

bobbysmum07 · 08/11/2007 19:54

Not changing an unsoiled nappy during one afternoon session is not professional negligence. It's bad practice, certainly, but not negligent.

Not noticing a rash is another matter, but again, it depends on how noticeable the rash is, how long the child has had it, etc. I've seen children come into nursery with chickenpox and their parents haven't noticed. I've also scrutinised kids with bright red faces who've just turned out to have the type of skin that goes blotchy whenever they get a bit hot. In the absence of other symptoms, allergies are not always that easy to detect.

The nursery should not have lied about changing the child's nappy. But you would have to be a nasty piece of work to get Ofsted involved in something like this, which was really not anyone's fault.

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