Features

Childcare Counsel - lockdown legal obligations

Rhys ap Gwent, solicitor at Morgan LaRoche recaps on nurseries’ legal obligations should there be another lockdown

While Covid-19 remains with us, there is unfortunately always the possibility of another lockdown. It is worthwhile to remind ourselves of the duties and obligations of nurseries, from a consumer rights perspective.

Law

Where Covid-19 laws prevent a nursery from delivering a service, or prevent a consumer from using the service, then payments must be returned to the customer. Payments already made for a service (which now cannot go ahead) must be returned to the customer, and no payments can be collected for services that cannot be performed.

Personal decisions

In cases where the customer makes their own decision not to use the services, independently of any laws or guidance, then a business has a strong argument that the customer is not entitled to a refund, and ongoing payments remain due.

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