Private nursery threatening with court

PinkKiwi

ThumbRemote wrote: »

Do why bring them up here then?

If you look in my first post you will see I asked what MY rights would be with my separate issues even though I have no proof. I love how alot of people on this site love to throw in their unhelpful comments. If you haven't got any advice don't comment please.

PinkKiwi

Quentin wrote: »

One cannot take that stance after agreeing otherwise at the start of a contract, (then expect to get away with it subsequently), which is the "rights" issue being discussed here.

Its the fact that you have no choice but to sign the contract obviously to sort out childcare quickly and to choose one that has been approved by Ofsted. Most nurseries in my area charge for bank holidays so really we have no say in the matter and if you was to say you have a problem with it they are not going to say to you well ok we won't charge you for bank holidays. We would've had to go through the whole process of finding another reputable nursery which was hard in the first place.

Quentin

PinkKiwi wrote: »

If you look in my first post you will see I asked what MY rights would be with my separate issues even though I have no proof.

If you want your reason for breaking the contract (and refusing to pay what they say you owe) to be that they broke the contract first (for whatever reasons you claim - charging for bank holidays/poor care etc, then that would be a defence against any claim they make against you in court.

Though you would need to substantiate any allegations of poor care etc (and the bank holiday issue is clear cut if it is actually in the contract you agreed, and will be hard to use as evidence they had already broken the contract).

Fergie76

Quentin wrote: »

One cannot take that stance after agreeing otherwise at the start of a contract, (then expect to get away with it subsequently), which is the "rights" issue being discussed here.

But surely it is an unfair term and condition?

How can they charge for something they are not supplying?

As I said previously, just because it's in their T&C's does not mean it's right.

SKIPPY

PinkKiwi wrote: »

But aside from that my biggest concern was one member of staff taking 6 toddlers outside near busy roads including my son when I signed the form. They were also using milk crates as toys in the garden, I went to pick my son up one day to find him standing on stacked milk crates only for him to fall backwards grazing his back on the floor. They just laughed and picked him up just as I was walking over. I will speak to Ofsted and Trading standards also about the bank holiday issue thank you

Ratio's for 3 years up outside of nursery grounds is 1:4.

With regards to the milk crates, you will find lots of nurseries and reception classes have them, they were issued to them by Early Years after staff attended a course, can't remember the exact name of it. The set also includes bread crates, ropes and planks too.

hayleypayton

im a childminder and use the same contracts as a nursery. I still charge for bank holidays even though i dont work, in most cases you are getting 70% off tax credits anyway. When i worked in an office i got paid for not working bank holidays as im sure alot of you do now so i really dont see the difference!!
You will of signed a contract with your permission forms before your child started at the nursery? If not then that is an issue.
The nursery will have a complaints procedure just ask to see it and it will point you in the right direction.
How old is your child? I personally dont think the milk crate will be an issue with ofsted, i would let children climb on 1 - age depending - climbing is part of the learning circle & im sure your child loved it, as for falling off accidents do happen, but they should of logged it? Did you sign an accident form? if not then again this is the issue you need to bring to ofsted not the crate. I hope i have helped i havnt meant to upset anyone

go_cat

If you walked out could you have not coincided this with a months notice at nursery - it was obviously an on going issue at work not just a one off incident that caussed you to quit.

It is standard pratice for the majority of nurseries to charge for bank holidays even when closed

Did you have to pay a deposit when you joined the nursery ? ( we had to pay a months fees in addition to first month ) could this be ofset against what you owe?

If you were that concerned about the care of your child then you should have made alternative childcare arrangements as soon as these became apparent sorry!

Sambucus_Nigra

go_cat wrote: »

If you were that concerned about the care of your child then you should have made alternative childcare arrangements as soon as these became apparent sorry!

It would have been better to: take the child out of the nursery BECAUSE of the issues with care and then say I've had to give up my job because of it.

Fergie76

hayleypayton wrote: »

im a childminder and use the same contracts as a nursery. I still charge for bank holidays even though i dont work, in most cases you are getting 70% off tax credits anyway. When i worked in an office i got paid for not working bank holidays as im sure alot of you do now so i really dont see the difference!!
You will of signed a contract with your permission forms before your child started at the nursery? If not then that is an issue.
The nursery will have a complaints procedure just ask to see it and it will point you in the right direction.
How old is your child? I personally dont think the milk crate will be an issue with ofsted, i would let children climb on 1 - age depending - climbing is part of the learning circle & im sure your child loved it, as for falling off accidents do happen, but they should of logged it? Did you sign an accident form? if not then again this is the issue you need to bring to ofsted not the crate. I hope i have helped i havnt meant to upset anyone

You cannot justify this by saying but most people get most of it back on tax credits?

Why do you think you are justified for charging for services you are not supplying?

What about someone that owns, say a cafe? Someone comes in every Monday for a coffee and one week they are charged twice. When asked why the owner says will I'm shut next week, so I thought I would take your money for next week.

You would not be happy in this circumstance, would you?

go_cat

hayleypayton wrote: »

im a childminder and use the same contracts as a nursery. I still charge for bank holidays even though i dont work, in most cases you are getting 70% off tax credits anyway.

Oh and don't forget not everyone gets 70% off childcare in fact i don't get a penny so statements like this make me fume. :mad:

If you want to charge for BH and not work like a lot of nurseries then fine but pleaase do not justify it by thinkings its your right as parents get childcare subsidised from tax credits