Terminating Contract with Nursery & Refusing to Pay

[Daseke]

Hi,

my 26month old son has attended same nursery since he was 8months old.

recently I have noticed several issues that do not sit well with me;

• he had a reaction to a food in baby room I asked for him not to have it again and they have done several times
• coming home with poo smeared all over his bum from not being wiped properly
• suffering with nappy rash because they aren’t changing him enough
• only changing him twice a day (in 10hrs)
• poor hand overs
• lack of communication to parents

I stated all my issues in my letter of termination as I couldn’t bare to send him there any longer. I have given a months notice which ended 7th Feb.

In their response they “accidentally” told me he had also had a severe reaction to another food item in baby room but had failed to tell me.

we are now 1.5weeks into our notice.

today when I picked him up at 17:30 the member of staff told me he had projectile vomited all over himself at lunch time and had diarrhoea on three occasions since then. When I asked why they hadn’t called me they said “he seemed fine”

I now want to pull him out of nursery but feel I have the right to refuse to pay for the remaining sessions as I don’t believe they can care for my child.

does anyone know my right around refusing to pay?
do you think this warrants a Ofsted compliant?

(there is a lot more to the complaints and story, this is just a brief overview)

In your shoes I'd probably just take him out and cut your losses (ie pay what's left of the notice period) rather than spend any more emotional energy fighting over 2/3 weeks worth of fees.

Alternatively you could take him out and stop paying in the hopes that they don't sue you. Which they probably won't realistically.

Hope you find a better solution for your DC.

Have you followed the nurseries complaints procedure? If you never do a complaint until you want to leave without paying the correct notice it always looks suspicious.

Perhaps post in legal for advice on contact law?

I'm sorry I've no idea, but I'd check on the complaints procedure and notifications procedures and probably write that due to safeguarding concerns and inability for them to follow proper process you have no option but to withdraw your son immediately. You probably need to state you won't be paying and let them make the next move.

I made a compliant on 10th January but the issues have escalated further which is now the reason I do not want to pay for future sessions and remove my son

I wouldn't send him in for the notice period tbh, they sound awful.

How much do you have left to pay?

I know it's not the point but depending how much it is I would just pay it and be done with the place, and follow with a complaint correctly. You can also complain to ofsted as god knows what the other children are going through also.

Do you have another place lined up?

Some of your complaints won't work e.g. nappy rash, handovers but the reaction to the foods are ones you need to definitely chase up yourself for your child's long term health and one you should also take further. They could kill a child if they aren't more careful.

Did you take him/talk to his GP about the food reactions?

There is £246 due for the final sessions. I’d definitely feel it is worth an ofsted complaint

Are they safeguarding issues? The nursery have 21 days to reply. Contact Ofsted

Please make a google review after he leaves. As a parent wit a child with life threatening food allergies I want to know this.

You have a contract and need to pay what that says. Just because you're paying it doesn't mean you should be sending him though.

Look at the terms & conditions on your contract but it sounds like you will need to pay. I wouldn't be sending him though & I would complain to the nursery manager, report to Ofsted, the Local Authority Early Years department, & environmental health for not following allergy guidance with regard to food preparation & safeguarding of a child with allergies. I am a retired nursery manager & grandparent of a child with allergies, this is shocking. & a safeguarding concern.

that is a serious safeguarding issue, allergies can be fatal and they have ballsed up big time

There is no way in hell I'd be sending my DC to a nursery which has repeatedly given him food that he has an allergic reaction or, or one that doesn't call me when my DC projectile vomits and has diarrhoea. Not only is this dangerous and negligent, but if he's unwell they're also risking whatever he has spreading to the other DC in their care. As to whether you should pay - read the T&Cs but I suspect you're liable. However, you should absolutely be making a formal complaint about this nursery. It is literally not safe for anyone to have their DC in there.