Taking my Daughters nursery to court?

robbsafc

My daughter attends a local nursery that requires you to advise at least 6 weeks in advance if the child will be away for whatever reason. My wife gave the nursery 2 months notice that my daughter would be away for three days that she attends. The nursery have however not refunded for the days she did not attend even though in excess of the required notification was given. the nursery says in their T & C's that it is their policy to charge still and no money will be refunded. I don't have a copy of the T & C's to hand but could I take the nursery to court to recover the money as I have had to pay for a service I advised them I wouldn't be needing for 3 days? Any advice in this matter would be appreciated.

Thanks.
Rob.

Curious_George_2

sorry if i have misunderstood, but are you actually considering paying out for court fees and stuff like that... for the sake of just 3 days nursery money?

surely it cant be worth it?

LifeisEvenbetter

Hi Rob. You need to look at a copy of the terms and conditions you agreed to when you completed the initial paperwork at the Nursery. If they have a term that says that a charge can be made then , providing it is not excessive, they can then charge the normal fees. In effect, although your wife has informed the nursery of your daughters absence they are still providing a service by keeping the place open for your daughter when she returns.

Not sure that helps. Please try and get a copy of what you agreed to - the terms and conditions. You are entitled to another copy if you have mislaid yours.

Best wishes.

tiamai_d

I'd go to Trading Standards or CAB before thinking about court action.

meredeterre

Rob,

Defo find your copy of the T&Cs. If they state they will still charge if children don't attend then IMO you don't have a case...it is normal for all childcare providers to charge either full or part fees for unused days as they are keeping the place open for the child. My MIL is a childminder & has a similar policy.

Sarah

Simba_25

6 weeks notice??? So what happens if your daughter is ill?? DO you also stilll have to pay then?

I would seriously be considering changing nurserys! You can't always plan 6 weeks in advance when kids are involved and if a nursery is worth anything then it should realise this!

However i don't think it would be worthwhile taking the court route just for 3 days. I would be writing to complain and tell them how dissatified i was though! Tell them you are considering leaving as you don;t think there t&c's are fair and see what they say.

bestpud

Yes, it's normal to pay for missed days.

Some nurseries will halve the fee for a second full week off but not many will for three days I wouldn't have thought.

I really don't think it's worth your while taking them to court.

Lillys_mum

Nurserys are becoming just a money making business.
I have recently took my daughter out of hers and now work night shifts so my husband can look after her, the reason being they charge in full for bank holidays even though they are not open!!!
My daughter was booked in on a Monday Tuesday and Friday so over easter and May there were 4 days when I had to work but couldn't put my daughter in the nursery because they were closed but I still had to pay her fees which meant I had to pay out for childcare twice.
Their defence was " it is in the terms and conditions"

Rip off merchants.

ps I am a nursery nurse and in the nursery I used to work in we didn't charge for days which we were not open!! I now work for the NHS so have to work when I am told whether or not the nursery is open.

Anyway whinge over.

bestpud

Lillys_mum wrote: »

Nurserys are becoming just a money making business.
I have recently took my daughter out of hers and now work night shifts so my husband can look after her, the reason being they charge in full for bank holidays even though they are not open!!!
My daughter was booked in on a Monday Tuesday and Friday so over easter and May there were 4 days when I had to work but couldn't put my daughter in the nursery because they were closed but I still had to pay her fees which meant I had to pay out for childcare twice.
Their defence was " it is in the terms and conditions"

Rip off merchants.

ps I am a nursery nurse and in the nursery I used to work in we didn't charge for days which we were not open!! I now work for the NHS so have to work when I am told whether or not the nursery is open.

Anyway whinge over.

Now that practice is wrong imo!!! It has been debated on here before and I couldn't believe people were defending nurseries who do this. :mad:

liney

If you have to pay anyway, then there is no need to give them notice surely.

Everywhere i know of charges half fees for holidays unto 4 weeks per year booked in advance, and full fee's for sick days.

Crispy_Ambulance

But in the defence of the nursery - they still have the same outlay whether your child is attending or not. They still have to pay the staff, heat the building etc and they are not going to be able to fill the place if a child is off for a week.

The OP should check the T&Cs but they may well say that the nursery will charge whether the child attends or not. And negotiation is always preferable to court action. A District Judge will be very dismissive of a case where there have been no attempts to settle first.