paying for a pre school place i can't use

[penguinmum]

DS has had his name down at the same pre school DD attended since he was born. When DD went, children started at 2 years 6 months, with funded place from term after third birthday.

Since then, pre school has changed rules and will now accept children from 2 years 4 months. I stated that I did not want DS to start until after Christmas, when he will be roughly 2 years 6 months, as I felt it would be easier all round.

I have now been informed that, in order to keep a place open for him, I will have to pay from September. At that point, he will only be 2 years 2 months and not actually entitled to a place - can they legally charge me for a service I cannot actually use? i could understand if they wanted to charge me from November, when he could actually start, but this seems a bit outrageous to me.

They can't force you to pay for a place you are not going to use (unless you've signed something to say that you will take up a place as soon as it is offered - but this would be very unusual I would think).

However, they are (presumably) saying that if you don't take up the place from September there will be no guarantee of you getting a place in January. So basically they are giving you the option of "paying to keep a place" from September or running the risk you may not have a place in January. Up to you what you want to do. I would imagine worst case scenario would be that your DS won't get a place till next September (when he is 3 and eligible for funding).

Thanks redsky. I am willing to accept the risk that there will not be a place available in January, would not be the end of the world if he had to wait for a funded place the following September - would certainly be cheaper! Just seems a bit strange to ask me to pay for something i can't use. If I were to pay for a place from September, could I insist they take him from September? (I wouldn't because I think he is too young, but in principle should I not get what I am paying for?)