Nottinghamshire council told to refund mother over nursery fees

Getty Images Child playing at nurseryGetty Images
The watchdog said the council did not investigate the complaint properly or make sure it did not happen again

A mother who was charged fees despite being entitled to free childcare should be compensated, an ombudsman's report has said.

The Nottinghamshire woman complained to the watchdog after she felt the county council had not resolved the issue.

The nursery was found to have added retainer fees and charged for items like food and nappies without notice.

The ombudsman said the council was at fault as it did not ensure the mother had access to entirely free care.

PA Media/Aaron Chown March of the Mummies protestersPA Media/Aaron Chown
The cost of childcare is a major issue for many families and has prompted protest marches

The Local Government and Social Care Ombudsman has recommended the council pays a combined £200 for her time, trouble and distress.

It should also refund half the additional charges the mother incurred between joining the nursery in January 2020 and leaving in February 2022, it said.

The mother had signed up with the nursery - both of which have been kept anonymous in the report - after qualifying for 22 hours a week of funded childcare.

She complained to the county council in August 2021 that the nursery was not providing a free place and invoices were not clear, transparent and itemised.

The authority found the nursery was charging extra hourly fees, a retainer for holidays and charging without notice for extra items.

Parents 'disadvantaged'

While it asked the nursery to amend its published terms and conditions, the council did not get "to the bottom of the problem", the report said.

Additionally, the ombudsman found the council did not try to resolve the mother's complaints or ensure others did not suffer by holding the nursery to its Local Provider Agreement terms.

Michael King, Local Government and Social Care Ombudsman, said: "In this case the council did not do enough to work with the mum and the nursery to resolve the case, and instead simply referred her complaint back to the nursery.

"It is the council's duty to work with providers to ensure their invoices and receipts are clear, transparent and itemised.

"I now ask the council to consider my report at the highest level to ensure it learns from this complaint so other parents are not disadvantaged in a similar way."

The ombudsman said it had asked the council to liaise with the mother and nursery to set the exact amount of compensation.

Irene Kakoullis, group manager for early childhood services at Nottinghamshire County Council, said: "The council accepts the conclusions and recommendations of the ombudsman report and acknowledges that there were failures.

"We are in contact with the complainant and will be apologising for the mistakes made as well as reimbursing the costs as recommended by the report."

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