Overview:

Key to names used

• Mr X The complainant

Summary

Mr X complained that his local nursery asked for a mandatory top-up charge for its free education places which it was not allowed to do. He said he raised this issue with the Council and it failed to take any action to address the problem. Based on the evidence we have seen, the Council is at fault and has caused injustice to Mr X. We recommend financial remedies and an apology.

Finding

Fault found causing injustice and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

To remedy the personal injustice caused to Mr X, we recommend that within one month of the date of this report, the Council:

• reimburses Mr X for any “general extras” fees he has paid the nursery to date;

• pays Mr X £200 to compensate for his time and trouble in bringing the complaint; and

• apologises to Mr X.

To ensure the faults identified in this report do not continue and affect future nursery users, we recommend that the Council:

• asks the nursery to change its pricing policy so that it is in line with the Guidance and the Provider Agreement. If the nursery refuses to change its pricing policy, the Council should consider its powers to terminate the Agreement and withdraw funding in whole or in part; and

• writes to other FEEE providers in its area to inform them of our decision and remind them of its expectations in terms of pricing.

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