Nursery Contract Dispute Resolution

Stretton Lodge Booking Terms and Conditions Payment of fees: All fees are charged monthly in advance and must be paid by the seventh day of the month to which they relate. Fees will be invoiced to the person(s) named on the registration form. Fees are payable during periods of absence from the nursery, including sickness, holidays, and bank holidays. The nursery will closed during bank holidays and over the Christmas period for one week (including Christmas Day, Boxing Day & New Year's Day) Fees may be paid in cash, or by Bacs. Fees will be subject to an annual increase on notice from the owner. Fees will be calculated on the basis of the weekly charge for the sessions attended, multiplied by * (weeks) & then divided by * (months) to create a fixed monthly charge. For term time only children a retention fee of * weeks with non attendance will be charged. Siblings attending over * weeks of the year with no other discounts are entitled to *% Sibling Discount. Wraparound care and play scheme your fees will be calculated and you will be invoiced monthly for the actual days attended in each calendar month. Education funding calculations are created termly. These are calculated by the amount of days in each term; the funding is deducted and then divided by the months in the term. Limited-term time & flexible places are available for funded places Extra Sessions Prices quoted are per child for a day and include meals as set out in the price list. Any Extra sessions booked will be charged at the normal rate in full and will be added to your following month's invoice. The reason full payment will be charged if extra sessions are booked is to ensure that in line with our first come first serve policy, parents are not unduly turned away. Unpaid Fees A late payment charge of £* each month will be payable if fees are received after the Seventh day of the month. This fee will be added to your following month's invoice. Children may be excluded from the nursery if fees remain outstanding more than * working days beyond the due date and the registration will be terminated. A debt collection agency will be instructed to recover any unpaid fees. General Fees will not be refunded or waived for absence due to sickness or any other reason. This rule is necessary so that the nursery can budget for its expenditures and to ensure that the cost of individual default does not fall on other parents. Errors and Omissions Excepted. No compensation will be paid or refund given if the nursery has to be closed due to any reason beyond the control of the nursery, such as power failures, pandemic outbreaks, or weather conditions. Registration fee Once a place at the nursery is confirmed a non-refundable deposit of £*.* is required per child to secure it. If you register your child for a full-time place (i.e. * sessions per week) and such a place is confirmed by the nursery, you will not be permitted to reduce the number of sessions attended within four weeks, as four weeks written notice is required to reduce the sessions. Termination of Contract One month’s written notice is required if you no longer require the place, reduce the sessions, or wish to withdraw your child from the nursery. Fees are payable during the whole of this time, fees are also payable if there is any delay in starting once the place has been accepted. Education funding, once calculated over the term can not be changed to term time only during that term, any changes requested will be applied to the following funded term. Children must be collected promptly at the end of sessions. If they are not it means staff have to remain on hand to look after the children and have to be paid for doing so. Accordingly, if children are not collected on time a fee of £*.* for every fifteen minutes late will be payable

is there any type of law that would help me get out of the fee

is there any legislation that could help

can you incorporate that into my original letter

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what is the nurserys dut of care

considering these situations have they breached them; eloise got into an abandoned building alone and unsupervised and got locked in and was crying, the only reason they noticed was because we came to pick her up. She had fallen down the stairs twice and the second time we wernt informed until collection and only because we asked where the mark on her face came from.

include that into the letter

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include specific legislation sections that apply

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expand on the unfair terms in consumer contracts

rewrite to fit with my letter

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how does the uccr * apply to me specifically

due to the breach of care will the term be found to be unfair

what about the fact that they will not allow eloise in but still insist that i pay

include all these points in my letter

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make this whole letter sound legally proffessional: Subject: Notice of Withdrawal and Feedback Regarding Eloise’s Nursery Experience Dear Stretton Lodge Nursery Management, I hope this message finds you well. I am writing to inform you that after careful consideration, we have decided to withdraw our daughter, Eloise, from Stretton Lodge Nursery, effective immediately. This letter serves as our one month's notice. Unfortunately, recent events have led to our decision. Since moving up to the Rising Stars group, we have noticed a decline in the support and care provided to Eloise compared to her time in Little Stars. For instance, there was a distressing incident where Eloise was found crying and alone in an old building area, another instance where she fell down the stairs, and communication regarding her injuries was not prompt. These occurrences have greatly concerned us regarding her safety and development. We have tried to address our concerns with the nursery staff regarding Eloise delay in communication and were made to feel like were imagining it and she was fine but the in one report this was highlighted, when I asked if I could refer to speech and language I was told there was no need as her communication was fine and not delayed. There is also one staff member we find unsettling, she is very cold, never smiles you feel like she doesn’t want to talk to you and Eloise does not like her, she is also the staff member who was supposed to be supervising Eloise when she accessed the old building. Eloise has changed since entering rising stars and she no longer gets excited when we approach nursry as she did in little stars and when we tell her she’s going in a morning she has meltdowns and crys saying she doesn’t want to go. My partner Harry and I no longer feel confident in the care and environment provided for Eloise. We are also currently in a difficult phase as a family, managing financial, car, and home issues. Eloise's attendance has been sporadic this month due to these circumstances, with her returning only three times in January. Upon her most recent return on Thursday, 23rd January, she was sent home early due to suspected diarrhoea, despite not showing symptoms for several days. When discussing her potential food intolerance, we were informed that the *-hour exclusion policy would remain in place meaning Eloise will more than likey be sent home every time she comes in, which has posed significant challenges for us. Given these concerns, I believe a waiver of the February invoice is justified. While I will pay the outstanding balance for January, I hope you understand the difficulties we’ve faced due to the policies and recent incidents. I would like to draw your attention to several legal considerations: • Consumer Rights Act *, Section *: We feel the nursery may have breached its duty of care, particularly regarding supervision and safety. o Instances include Eloise being left unsupervised and being found in an abandoned building, suffering falls, and delayed communication about injuries. • Unfair Terms in Consumer Contracts Regulations *, Regulation *: We believe terms about fees and notice periods are unfair. o The policy of charging fees while excluding Eloise from attendance creates a significant imbalance detrimental to us. o Under these regulations, an unfair term is not legally binding. Thank you for the care and positive experiences Eloise had during her earlier time at Stretton Lodge. We wish the nursery continued success in the future. Kind regards, Chloe Millington

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