AN ANGRY East Yorkshire parent may sue a council after he was left holding the bill for nursery education which he says he was told would be free.

Phil Taylor, of Pocklington, is considering legal action against East Riding of Yorkshire Council after it appeared to break a pledge on free nursery education.

Mr Taylor had been sent a leaflet from the authority telling him he could claim up to five two-and-a-half hour sessions a week of free nursery education for his daughter.

The leaflet said: "Where places are available, three-year-olds in the East Riding of Yorkshire are entitled to free nursery education."

Mr Taylor said he signed his daughter up at Pocklington Montessori School for two sessions a week.

But he has been left digging into his own pocket after the council informed him that "unfortunately there is insufficient money to pay for places for those children who would have been eligible for funding in the spring term".

The council, in a letter to Mr Taylor, blamed the Government's education department, stating that its efforts to secure sufficient funding had been unsuccessful.

Mr Taylor is now paying £151 per term and fears other parents who signed their children up are facing similar difficulties.

Pocklington Montessori School has sent 40 parents a letter acknowledging the shortfall in funding.

It says: "We are therefore faced with no alternative but to offer you funding for the same number of sessions claimed last term."

That means parents whose youngsters were at the school last term will not pay, but those who want extra sessions, or have children who joined this term, must fork out.

Mr Taylor is to ask the Local Government Ombudsman to decide if East Riding of Yorkshire Council is guilty of maladministration, and he is considering taking the matter even further.

Mr Taylor said: "Earlier this year the council issued a leaflet saying funding would be available subject to registered providers being available. They are.

"On the basis of this I contracted with the school. We are now being told that the council has underestimated the number of three-year-olds in its area and has insufficient funding from the Government. At our Pocklington school, 40 sets of parents are affected.

"Because of the misleading advice, I am considering legal action against the council.

"I am very unhappy about all of this. If someone says you are entitled to all of this then you are entitled."

John Mager, director of lifelong learning with the council, said: "Mr Taylor has complained to the council and we are awaiting advice from our solicitors.

"We do not normally comment on matters which have been referred to the Ombudsman."

Updated: 11:35 Wednesday, January 22, 2003