How to complain about a nursery

If you are unhappy with the service provided by your nursery and you have a complaint about a nursery, you can raise it as an issue by making a nursery complaint. This article highlights how to complain about a nursery in England, Wales, Scotland and Northern Ireland.

Who do you speak to about a nursery complaint?

Your first port of call should always be the nursery. If you have a complaint about a nursery, contact the nursery manager. The nursery manager can discuss any concerns and may be able to resolve the issue. You have the right to make a complaint, have the complaint investigated and receive a reply.

Most of the time, the issue can likely be resolved without any further action. You should contact the police about incidents of criminal activity. If you are concerned that a child is at risk of harm from a childcare provider, you should phone the local authority or the police immediately.

You may have a complaint about childcare but not know exactly what is causing what you are concerned about. In this case, speak to the nursery manager and your child (if possible) before making a formal complaint. By doing this, the nursery’s staff can liaise with you to resolve the issue.

Whether it is a concern about how the nursery is run, a health and safety issue or the behaviour of a specific staff member, the nursery manager should be happy you raised the issue. Having this feedback will help them maintain high quality care.

How to make a complaint about a nursery 

Nursery complaints can be made by phone, in person, by email or written letter.

If you cannot sort out your concerns through verbal discussion with the nursery, you can make a formal complaint by writing to the nursery. The law says that early years providers must have a process for handling written complaints.

When making a complaint, it may be best to write a formal email/letter highlighting your concerns.

Top 5 tips on making a nursery complaint

• Be as factually detailed as you can about what happened and when – include dates and times or staff names, if possible.
• Highlight what you have already done to try to address the issue.
• Keep copies of any correspondence with the nursery e.g. letters or emails you send or receive relating to the complaint.
• Keep a record of when you have had phone calls and meetings about the complaint with the nursery. Keep a note of who you spoke to and what they said.
• Be clear about what you want, including changes you would like to see.  

You must not include comments that are not relevant.

For example, you can complain about the behaviour of a staff member that puts a child in harm’s way. It is not okay, for example, to complain about a staff member’s interests outside work.  

For incidents of criminal activity, you should contact the police. If you are concerned that a child is at risk of harm from a childcare provider, you should phone the local authority or the police immediately.

If your complaint is about data protection, or a nursery’s failure to provide you with information you are entitled to, you should complain to the Information Commissioner’s Office.

Each country in the UK has slightly different procedures when it comes to making a complaint.

How to complain about a nursery in England

Nurseries in England are required to have a complaints procedure. A nursery should have details of the complaints process and who to speak to. 

If you are a parent/carer and you make a formal written complaint about one or more of the early years provider’s requirements of registration, you can ask to have the outcome of your nursery’s investigation in writing.

A registered nursery must:

• Meet the requirements of their registration and should be able to give you information about what these are.
• Carry out an investigation.
• Tell you about the outcome of their investigation, and any action they take or plan to take, as an outcome of your complaint.
• It must do this within 28 days of receiving your complaint.
• Keep a record of written complaints.

What if I am unsatisfied with the nursery’s response to my complaint?

England’s early years regulator Ofsted will not usually consider a complaint if you have not first followed the early years setting’s formal complaints procedure.

Ofsted regulates and inspects England’s early years and childcare providers. Families have a legal right to complain to Ofsted on the work of early years settings both maintained and private. Ofsted likes to be made aware of a complaint about a nursery. 

How will Ofsted deal with my complaint?

Ofsted’s role is to ensure childcare providers are following all registration requirement and take action if necessary. Ofsted does not take action, unless it has evidence of a failure to meet requirements or conditions of registration or unless it has reasonable cause to believe children are at risk of harm.

Ofsted cannot resolve individual disputes between a family and a childcare provider.

It cannot deal with information that is not about the requirements for registration, for example, disputes about contracts or fees.

You can contact Ofsted by emailing enquiries@ofsted.gov.uk or telephoning 0300 123 4666.

Once a complaint is received, Ofsted will review the complaint and see if it needs to:

• Carry out an immediate inspection or visit.
• Refer the matter to the provider to take action.
• Work with other agencies to look at any issues raised.
• In instances of a child protection issue, Ofsted may contact the local authority or the police. 

Ofsted may ask the childcare provider to investigate and, if necessary, to make changes.

The watchdog will publish the results of their inspection of the nursery on its website. The nursery regulator will not reply to families directly to let them know the outcome of their complaint.

What powers do Ofsted have?

Ofsted has powers to:  

• Register the childcare provider, or suspend or cancel its registration.
• Inspect the childcare, with or without arranging this beforehand.
• Take enforcement action against the provider in serious cases.

What is a qualifying Ofsted complaint?

A qualifying complaint for Ofsted would be something that raises an issue that affects the whole setting. Ofsted does not have the power to investigate an individual complaint such as the provision of a child’s education. Qualifying complaints are usually concerned with the leadership and management of an early years setting, pupils’ well-being or both.

How to complain about a nursery in Wales

You have the right to make a complaint about a registered early years provider in Wales and raise your concerns directly with them in order to give them a chance to resolve them.  

If you cannot sort out your concerns through verbal discussion with the nursery, you can make a formal complaint in writing to the nursery.

In Wales, each nursery must have an easily accessible complaints procedure, which highlights who you should speak to about a complaint. Ask the nursery to give you its complaints procedure.

What if I am unhappy with a Welsh nursery’s response to complaint?

If you are unsatisfied with a Welsh nursery’s responses to your complaint, you can contact the Care Inspectorate Wales (CIW). It is an independent regulator for childcare and play services in Wales. The watchdog likes to know about any complaints concerning poor care and/or support at a nursery.  

The CIW does not investigate individual complaints or resolve disputes between parents and early years providers.

You can talk directly about your concerns via the CIW Connect Team on 0300 7900 126 or report a concern  about a registered nursery online.  

If you are unsatisfied with their response to your complaint, you could escalate it to the Public Services Ombudsman for Wales, which has legal powers to look into complaints about public services and independent providers in Wales.

How to make a complaint about a nursery in Scotland 

If you are concerned about the early years service provided by a nursery in Scotland, you should raise your concerns with the nursery directly.

If you cannot sort out your concerns through verbal discussion with the nursery, you can make a formal complaint in writing to the nursery

Scottish nurseries should have a complaints procedure (including details of the person to speak to) and you can ask to see it.

What if I am unsatisfied with a Scottish nursery’s response to my complaint?

If you are unsatisfied with the Scottish nursery’s response to your complaint, you can contact Scotland’s early years regulator, the Care Inspectorate.

You can telephone the Care Inspectorate on 0345 600 9527 or visit the website  careinspectorate.com.

The Care Inspectorate is the registering authority for nurseries in Scotland and investigates all complaints that suggest a nursery may not be meeting the requirements of its registration.

If the Care Inspectorate investigates, they may make requirements for the nursery to improve.  

The Care Inspectorate will either uphold a complaint where it finds evidence which supports the complaint or if it does not find evidence which supports the complaint, it will not uphold it.  

Once a complaint is received, the Care Inspectorate will review the complaint and see if they need to:

• Refer the matter to the nursery provider to take action.
• write to you to confirm the areas it will be investigating.  
• visit the nursery to investigate the complaint, where appropriate.
• examine and assess evidence, including documentation and speaking to relevant people.
• write to you with the outcome of investigation.
• Work with other agencies to look at any issues raised.

If you are unsatisfied with the Care Inspectorate’s decision, you can contact the Scottish Public Services Ombudsman (SPSO) on Freephone 0800 377 7330 or 0131 225 5300.

How do I complain about a nursery in Northern Ireland?

If you are concerned about the childcare provided by a nursery in Northern Ireland, you should raise your concerns with the nursery directly.

If you cannot sort out your concerns by talking to the nursery, you can make a formal complaint in writing to the nursery

Northern Ireland’s nurseries must have a complaints procedure that includes who you should speak to about a complaint.

Who should I complain to if a nursery in Northern Ireland cannot resolve the issue?

If you are unsatisfied with the nursery’s response to your complaint, you can contact Northern Ireland’s Early Years Team in your local Health and Social Care Trust.

All nurseries in Northern Ireland must be registered, monitored, supported and annually inspected by an Early Years Team in your local Health and Social Care Trust.

The Health and Social Care Trusts focus on ensuring nurseries meet an acceptable standard, ensure nurseries operate within an agreed framework and comply with the Childminding and Day Care for Children Under Age 12 Minimum Standards.

The Early Years Teams provide a quality assurance system for families, checking the suitability and safety of premises, suitability of staff, the standards of care and the suitability of equipment used.

Here are the contact details for Early Years Teams in Northern Ireland’s Health and Social Care Trusts.    

Belfast Health and Social Care Trust: 028 9504 2811 

Northern Health and Social Care Trust

–Northern Team: 028 2766 1340

–South Eastern team: 028 9331 5112

–Central team: 028 2563 5111

South Eastern Health and Social Care Trust: 028 4451 3807

Southern Health and Social Care Trust:

–        Armagh team: 028 3756 4020

–        Banbridge office: 028 4062 1600

Western Health and Social Care Trust:

– Londonderry team: 028 7132 0950

– Omagh team: 028 8283 5108

– Fermanagh team: 028 6632 7734

The Early Years Teams findings are made publicly available through inspection reports published on the Education Training Inspectorate (ETI) website.

You can also submit your complaint to the Education Training Inspectorate (ETI) by emailing the ETI on eti@education-ni.gov.uk or telephoning 028 9127 9726.

Once a complaint is received, the ETI will review the complaint and see if it needs to:

• Carry out an immediate inspection.
• Refer the matter to the nursery provider to take action.
• Work with other agencies to look at any issues raised.

If you are unsatisfied with the response to your complaint, you can contact the Northern Ireland Public Services Ombudsman (NIPSO). NIPSO can deal with complaints about all grant-aided nurseries. You can email NIPSO on nipso@nipso.org.uk  or call 028 90 233821.