Overview:

Key to names used

• Ms X The complainant
• Y The complainant’s child

Summary

Ms X complained the Council has not ensured her childcare provider, a nursery, issues clear and transparent invoices. And, it has not ensured she has fair access to a free place. She says she has spent time seeking clarity and suffered distress due to spending large sums on childcare she expected to be free.

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 injustice caused we recommend the Council:

• apologise to Ms X in writing;

• pay Ms X £100 for time and trouble;

• pay Ms X £100 for distress and uncertainty;

• refund Ms X 50% of the additional charges she has paid from January 2020 to the date Y left the nursery in February 2022. The Council should liaise with Ms X and the nursery to gather the information it needs to action this; and

• review the nursery’s policies and practices, taking action as needed to ensure it complies with the Council’s provider agreement in respect of fees and invoicing. It should tell us the outcome of this review and any actions taken.

Ombudsman satisfied with Council's response: 3 February 2023.

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