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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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Good morning, my son's nursery is telling me that I need to

Resolved Question:

Good morning, my son's nursery is telling me that I need to give them a full term notice before my son can leave his nursery. It is written in their T&Cs.
I gave them notice yesterday i.e. 5 days after the start of the spring term and therefore I propose them that my son stays 5 days at the nursery after the end of the term before he can leave.
But now they argue that it needs to be a full term notice and therefore they want me to pay until the end of the current term (spring term) as well as summer term and only after that my son will be allow to leave the nursery (and I will be able to get my £2000 caution back).
If I do what they want, it will mean that instead of having a term notice (roughly 10 weeks) I will have had 1.9 term notice (i.e. 10 weeks until the end of the spring term + the spring term again 10 or 12 weeks).
Is that allow by the law to force people to have a notice period between 2 fixed date? Is that not the case that a notice period has to be a duration (e.g. 6 weeks or 3 Months)?
If they continue to argue what I can do? Thank you answer.
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
,
Thank you question and welcome.
My name is ***** ***** I will assist you.
Do you have the exact wording of the notice clause to hand?
Kind regards
AJ
Customer: replied 2 years ago.

Thank you AJ.

Please find below their T&Cs:


Terms and Conditions


General



  1. The "Nursery" is Holland Park Pre-Prep School and Day Nursery (Baby Nursery, School House, Pre-Prep) 5 and***** London W14 8HJ

  2. "Parents are the parents or guardians or person responsible child attending the Nursery or school


The Fees



  1. The fees shall be paid termly in advance by cheque or standing order unless otherwise stated

  2. The fees shall be reviewed annually, but may change at any time with one term or 3 months notice

  3. One clear terms notice term students required in writing of a child leaving the school. If the required notice period is not given, you will still be liable during this notice period

  4. Refunds cannot be arranged in the case of absence of a child or when your holidays do not coincide with ours


The Deposit



  1. A non-refundable administration fee of £50 is payable with the application form

  2. A £2,000.00 refundable deposit will be payable when a definite place is offered and accepted. This deposit guarantees a place but is not refundable if the place is not subsequently taken up. This shall be refunded once the child has left, provided that three months notice aged under 2 or one clear term aged 2 or over is given in writing prior to the child's leaving during which the fees were being paid and no additional payments or fees are outstanding.


Attendance



  1. Children are expected to attend regularly and the Nursery has the right to refuse admission to, or send home, any child if it considers such action is necessary (sickness etc). If your child is unable to attend please notify the Nursery by telephone by 9.00am.

  2. If you would like your child to reduce his/her attendance on a permanent basis, 3 months written notice must be given in order to qualify reducion in fees. The previous fees need to be paid during the notice period.

  3. Priority is given to parents who require a full time place child. Thereafter, preference is given to those children who match in age and occupy a full time place between them. Parents may be given 3 months notice to change days to match up a place


Loss and Damage



  1. The Nursery shall not be liable or damage to property in the possession of children attending the Nursery. Clothing should be suitable child's age as it may get stained or damaged.

Expert:  Alex J. replied 2 years ago.
,
Thank you question and welcome.
My name is ***** ***** I will assist you.
I agree on strict wording of this contract you have to give one clear terms notice. sake of 5 days this is a pretty inflexible approach.
What I would recommend you do is the following - write to the school and make the following points:
1. Say that you are appalled by the lack of flexibility the are showing to a parent that is merely trying to consider the best interests of their child;
2. You have given them more than enough notice and sake of 5 days they should not be forcing you serve out almost two terms in notice;
3. Given that all parents have needs to move their children to different schools whether it be or financial circumstance - you find the strict interpretation of the contract to potentially be an unfair contract term and would question whether it is enforceable;
4. Say to them that if they do not accept your notice and return your deposit you reserve the right to take all action available to you including (i) Contacting Trading Standards www.tradingstandards.gov.uk/ ;
(ii) The schools regulator - https://www.gov.uk/government/organisations/ofsted/about
I look forward to hearing from you.
Kind regards
AJ
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