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hi just looking for a bit of advice. How binding is a nursery contract that states (as many do) you need to give 4 weeks notice, prior to removing your child or pay for 4 weeks notice if you remove them without giving notice.
The issue is my daughter had been going to her most recent nursery for about 1.5 yrs. She attends 2 days a week and recently moved into a new room just after her 2nd birthday. About a month ago the room leader left and since then my daughter had left the room multiple times without her mouth being cleaned properly of food stains and with messy clothes. We picked her up one day and she was sent out of the room with her top and trouser soaking wet, which we obviously changed. No idea how long she had been wet. They are also aware of what a bad cough she has had for extended periods of time.
Now the issue for us is that along with the other concerns we had with the room, that after the wet clothes incident we did not feel comfortable leaving our daughter there; she is there from 7.30 through to 17.00.
I spoke to the nursery manager to express our dissatifaction with the service but see this as basic nursery care standards. If we left our daughter there then we would have to have a sense of trust that she was being looked after properly during the day, as she cannot talk well for herself.
So we have removed her and sent the nursery a letter stating that we do not believe that we should pay for the 4 week notice due to what we see as neglectful care standards and we have lost the sense of trust we need to leave our child at the nursery.
We have received a letter back with invoice for the 4 week notice payment, but the letter does not even mention our concern, just states basically, you signed the contract, pay us the money or we will send to a legal department to recover money due.
Thanks for any advice in advance....
Zaden,
I AM NO LEGAL EXPERT !! But i would think :
- you respond to the letter and say you have removed your child because you were not happy with the standard of care...
- Point out that you spoke to the manager (put his/her name in and say when you did it) and then outline again your complaint.
- I wouldn't say you won't pay, but rather that you don't think you should have to and that you would like a response to your concerns about the standard of care...
If its a big nursery chances are the people producing the bill are not the management... if you can do some digging try and find out who manages the manager and direct your letter to them??
Anyone else with wisdom about this one out there?
Ronny
Thanks Ronaldo. Will let you all know how it goes.
Currently split between pursuing this and just paying and put it all behind me. The latter is the easier to do, but I know I will still feel annoyed later, so the former will at least make me feel that I tried, even if I end up paying all or part anyway.
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