Fines for taking children out of nursery?

Trying to plan a family event and my brother said it would have to be before Sept 22nd as otherwise he'd be fined for taking his son out of school. But although attached to the school its actually nursery and my nephew is only just 3. He is adamant that the letter he's received confirming nursery place states parents are fined for taking them out in term time. As there's no legal obligation to attend nursery how can this be right? Just to be clear this is the situation where nephew will attend 5 half days, government funded, not private.
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  • sacha28
    sacha28 Posts: 881 Forumite
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    I think your bro has his wires crossed somewhere. There is no legal obligation to send a 3yo to nursery but, unless given notice of the day off (usually 2 weeks I think) then they will be able to gain full price rather than give a discount.
  • double_mummy
    double_mummy Posts: 3,989 Forumite
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    it can be dependant on attendance if the childs attendance falls below a certain limit they lose their funding was the child close to this limit last term?
    The only people I have to answer to are my beautiful babies aged 8 and 5
  • KateBob
    KateBob Posts: 1,789 Forumite
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    edited 19 July 2014 at 10:17PM
    This sounds like a school nursery rather than a private day nursery, in which case the same rules apply as to school children.
    That could mean a £60 fine for each parent.

    Edit: just rechecked the actual rules and there us no fine for nursery children, but the school may try to imply it does.
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  • jacqhale
    jacqhale Posts: 312 Forumite
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    There is no legal obligation for a child to be in school until they are 5 so both mine are summer babies and I get the whole of reception 'for free' if you like, can take them out when I like. Perhaps it is to do with the funding but I have never heard of this before.
  • skintchick
    skintchick Posts: 15,114 Forumite
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    Does the nursery mean he will still have to pay for the sessions? you definitely don;t get fined if they are under five - my DD is a summer baby and we took her out of school in term time for a holiday as she was 4 and it was all perfectly legal and OK.
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  • meritaten
    meritaten Posts: 24,158 Forumite
    no - it doesn't apply to nursery children. there is no legal requirement for 3 year olds to attend state nursery.
  • ellay864
    ellay864 Posts: 3,827 Forumite
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    My nephew's never been to this nursery before - they only moved to the area earlier this year and have only just got a place. They aren't paying anything for him - no expert on how the free places things work as mine were past that age when it came in. This isn't even reception year - it's the year before reception (ie he will only turn 4 in April 2015) so comfortably out of the age where the rules should apply.
    Will suggest my brother asks for more details as it seems ridulously heavy handed at that age
  • room512
    room512 Posts: 1,412 Forumite
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    If a child's attendance falls below a certain percentage then their place can be withdrawn and given to another child.
  • 74jax
    74jax Posts: 7,930 Forumite
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    Maybe he means he still has to pay for the spaces?
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  • pandora205
    pandora205 Posts: 2,939 Forumite
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    Is the nursery a maintained setting, i.e. a school or part of a school? Some schools have private (non-maintained) nurseries or preschools on their sites.

    If so, parents do not pay directly for places (as with other state schools) so this would not be about 'fees'. Children under 5 do not have to be in school, and therefore, parents cannot be fined for non attendance. However, it is possible to lose a place in the setting if attendance is poor. This can have knock on effects, if entry to the school gives children who have attended their nursery as a priority.
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