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Original poster

Fees and leaving a nursery

29 replies

Millylou99 · 23/09/2023 14:18

Hi all. So I took my son out of his nursery place this month. He was 3 in July. So had the free funding from September. He wasn’t happy at his nursery so I sent the nursery an email saying I was taking him out I was told I needed to give notice until December but my son was refusing to go and I got him a placement at another nursery where he is so much happier. I then had calls saying i owed over a thousand pounds in nursery fees. How can this be possible when he is 3 and gets the free funding as all 3 year olds do ? I am so confused.

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PatriciaHolm · 23/09/2023 14:30

Who is charging you? The new or old nursery?

You need to ask whoever it is for a breakdown on charges.

I suspect it may be because of some combination of the fact you can't normally switch providers in a funding period, as well as you having a notice period that would still need paying for even if you didn't use it. Whatever has happened, it looks like you may have 2 contracts that need to be paid for the next couple of months - the old notice period and the new nursery.

Did you switch funding to the new provider?

Weñor · 23/09/2023 14:31

It will depend on what the terms and conditions say for the nursery that you would have signed and accepted when you first took your place. For example, I need to give at least 12 weeks notice if I wanted to withdraw my son from the nursery he attends. Presumably you are using the free funding at your new nursery so the original nursery is now short of the fees you owe during the notice period.

Isyesterdaytomorrowtoday · 23/09/2023 14:33

what does your contract say about notice?

if it’s a ‘term’ then yea you will owe fees til December- they can’t claim funding for a child that isn’t there

caringcarer · 23/09/2023 14:40

All nurseries charge until the end of the notice period if you just pulled your child out without giving appropriate written notice.

KateyCuckoo · 23/09/2023 14:44

The old nursery won't be paid.ofntouve pulled your funding and taken it to a new nursery. Funding is paid termly not daily hence them asking for notice for December.

Original poster
Millylou99 · 23/09/2023 15:18

Hi. He didn’t attend at all since august when I was paying and had paid in full. Infact I had a refund for some over payments I had made. The funding - I hadn’t even handed the funding form back in for September start. I decided towards the end of august to take him out.I hadn’t even signed any contracts Ect ? And the new nursery aren’t asking for any payments. They’ve just asked for my sons funding code. It’s the old nursery asking for this ?

OP posts:
PatriciaHolm · 23/09/2023 15:21

Presumably you did sign a contract when he started at the first nursery though? If you had been paying them? What does that say about notice periods?

Get them to give you a full breakdown of charges.

EllasGuitar · 23/09/2023 15:22

You need to checked your contract for their T&C as app have said. With regards to you funding, the old nursery is entitlement to claim 4 weeks notice. The funding can then start at the other nursery but best speak to your Local Authority for absolute clarity.

arethereanyleftatall · 23/09/2023 15:26

But op - you have to give notice to any business! You can't just stop going, and expect them not to charge. They will have to leave a spot for him, they don't know if you're not going to turn up or not each day. The length of notice required will be in the terms and conditions you signed at the beginning.

NuffSaidSam · 23/09/2023 15:30

I hadn’t even handed the funding form back in for September start.

So as far they're concerned you need to pay your three months notice then. How are you confused about this?!

Original poster
Millylou99 · 23/09/2023 15:41

Hi I did email the nursery practitioner and told her I wasn’t bringing him back Ect. At first she said he had to attend until December. But I wasn’t going too take him in crying every day and being unhappy and also when I wasn’t happy with the nursery either.

OP posts:
EllasGuitar · 23/09/2023 15:43

What does your contract say?

FloweryName · 23/09/2023 15:44

You need to pay the notice period that the nursery is owed because that will be in your contract. It’s only free if the child is actually attending. If another nursery is claiming for your child then obviously the previous nursery isn’t being paid what they are owed.

Isyesterdaytomorrowtoday · 23/09/2023 15:44

When did you email @Millylou99 and how long is the notice period in your contract?

without these bits of information noone can help you

They obviously can’t force you to take him in but if you’re contacted until then you do still have to pay, and that will be at full rate as they can’t claim funding for him if you are using it elsewhere.

YourNameGoesHere · 23/09/2023 15:49

Did you honestly really not sign any contract? That would be incredibly unlikely. You need to find the contract and see how much notice you had to give.

SheilaFentiman · 23/09/2023 15:58

I think, even if another nursery wasn’t using the funding eg if op had decided to use family for childcare, the first nursery couldn’t claim it because the child is not actually attending. And because OP didn’t fill out the funding form!

MadeForThis · 23/09/2023 16:21

How many weeks into August did you tell them?

autienotnaughty · 23/09/2023 16:52

When you first joined did you sign a contract with the nursery? If yes do you have a copy? A contract will state a notice period most are between 1-3 months. If you signed a document that has a notice period you are legally obliged to pay and if you don't they can take you to court.

If you didn't sign a contract and have no paperwork regarding notice then it could be argued their payment agreement was with the local authority and it ended in July as per agreement

Original poster
Millylou99 · 23/09/2023 17:04

Hi all thank you for all the comments. My partner had told me we are not paying and to leave it with him. I have been incredibly stressed by the whole situation. I have never signed a contract with the original nursery. I had emailed a couple of weeks before the start of the September term. My partner will Be contacting the Lea to talk about our situation.

OP posts:
YourNameGoesHere · 23/09/2023 17:15

Millylou99 · 23/09/2023 17:04

Hi all thank you for all the comments. My partner had told me we are not paying and to leave it with him. I have been incredibly stressed by the whole situation. I have never signed a contract with the original nursery. I had emailed a couple of weeks before the start of the September term. My partner will Be contacting the Lea to talk about our situation.

How long has your child been going to the nursery? You can't just decide not to pay and as I said above I would be incredibly surprised if there was no contract??

Olika · 23/09/2023 17:54

It's good your partner is taking care of it now. But out of curiosity, was there no paperwork physical or online that you signed for the old nursery? For my DD's I had tons to go through and sign hence I find it odd.

mummyh2016 · 23/09/2023 18:39

Millylou99 · 23/09/2023 17:04

Hi all thank you for all the comments. My partner had told me we are not paying and to leave it with him. I have been incredibly stressed by the whole situation. I have never signed a contract with the original nursery. I had emailed a couple of weeks before the start of the September term. My partner will Be contacting the Lea to talk about our situation.

I doubt the LEA will get involved. You can't just up and leave, there will be some sort of notice period which normally ranges from 4-12 weeks.

Original poster
Millylou99 · 23/09/2023 20:25

Hi no we’ve had no paperwork at all. I’ve never signed anything. Not since the day he started. He was going there from age 2 and I was obviously paying then.

OP posts:
YourNameGoesHere · 23/09/2023 20:29

Millylou99 · 23/09/2023 20:25

Hi no we’ve had no paperwork at all. I’ve never signed anything. Not since the day he started. He was going there from age 2 and I was obviously paying then.

So you never completed any paperwork about dietary needs, photo consent, an all about me sheet, trip consent, contact information or medication documents etc? Surely you signed something and there must be some paper trail ?

autienotnaughty · 24/09/2023 06:36

Based on what you have said you haven't agreed to notice and given that you do not pay them directly I can not see that they can request the money from you. I would email that you were not made aware of a notice period. You did not agree to a notice period and you will not be paying additional costs as your childcare is funded through the local authority.