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Giving one term's notice to independent schools

32 replies

TinseltownLondoner · 28/01/2015 12:48

We have a place secured at an independent primary school for DS, who starts school in September. Since we enrolled him for this school, our local state school situation has improved greatly and we'd rather he went to one particular local state school. The independent school is now our fall back option.

However, we obviously won't know if DS has got a place at the local state school until 16th April. Its our nearest school and based on the admissions criteria, I'd be really surprised if he doesn't get it. Though nothing is a given in terms of school applications.

As is standard, we need to give one term's notice to the independent school to avoid being liable for a full term's fees. Obviously, we don't want to pay a term's fees for a school place we aren't going to use. We've paid a deposit, which we accept is money we'll loose, we're looking at the deposit in terms of it having bought us some choice.

My questions is, what point counts as a full term's notice? The independent school is still on Easter holidays on the 16th of April. To give a full term's notice, would we have to give notice on the last day before the Easter holidays or can we provide notice while the school is on holiday?

OP posts:
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NancyJones · 28/01/2015 12:54

Hi, my kids are at independent school and have moved 3 times. It's been the same rule at each. We gave notice on last day of previous term each time but I'm sure the rule was by last day of holidays at the latest.

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NancyJones · 28/01/2015 13:00

So yes I'd say by the end of the Easter hols will be your last chance. You should know if you have a place at the state school by then though so it should be fine.
Independent schools know they're used as a backup sometimes so expect this and now that April 16th is the standard date they won't be surprised to have one or two drop outs then.
On the flip side I do know someone who didn't give the terms notice and was threatened with court action over non payment. In the end they agreed to pay half the terms fees.

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AuntieStella · 28/01/2015 13:00

Check the contract.

But yes, expect to be liable to pay fees in lieu.

The school wants to know that it will have full classes, and if over-subscribed, will have turned away pupils it would otherwise have made offers to (many of whom will have accepted places at other schools rather than risk a waiting list), so it sets conditions to deter late drop-outs and to tide over for at least a term.

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NancyJones · 28/01/2015 13:02

One more thing. Emailing the admissions office over the hols is fine. Email counts as 'in writing' and as it's dated, there's no argument. You could always write as a follow up if you want.

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HereIAm20 · 28/01/2015 15:35

Check with the school. Ours has issued a notice stating that the last day of the Lent term is the cut off date for a term's notice to withdraw at the end of Summer.

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LIZS · 28/01/2015 17:41

Yes you need to check , ours was day before term started.

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morethanpotatoprints · 28/01/2015 17:48

Can I just ask, what would happen if a child was half way through term and wanted to leave, was deeply unhappy etc.
Do they have to finish the term, parents give notice and then attend another term?

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LIZS · 28/01/2015 18:16

Parents could pay for a term in lieu of notice rather than child continue to attend. Fees are paid in advance so current term would be covered already. Normally notice needs to be a full term so it is only effective from the start of the following term, not midway through. If there are issues sometimes schools will negotiate especially if another child can take the place immediately so there is no financial loss. Also tricky if parents suddenly get offered a state place after starting at independent as LA won't wait until notice has expired.

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roguedad · 28/01/2015 20:05

Read the small print but the last day of the Easter hols should be OK. Make sure you tell the right person specified by the contract as you don't want to get that bit wrong!

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Inthedarkaboutfashion · 29/01/2015 07:33

morethan in that situation the parents would have the choice to give the required notice and keep their child there for the rest of the current term and the following term which is the notice period or they could withdraw their child immediately and pay the notice terms fees in Leui.
I do know of several parents who have withdrawn their children immediately (usually during year 5 to send them to an independent which has a senior dept as they don't want to risk waiting until the next year which will mean sitting a formal exam which might not be passed) and they have tried to not pay the fees in Leui and have had legal notices issued against them as a debtor. The parents try to come up with all sorts of reasons to blame the school for their need to withdraw their children without notice (bullying, poor teaching etc), but the reality is often that they don't have any faith in their children to pass the entrance exams for a year 7 start.

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morethanpotatoprints · 30/01/2015 16:53

Inthedark

That is terrible, I would never have thought about people doing this. I suppose all sorts of things go on.

I was asking in terms to those with full assisted places who aren't paying fees themselves. If the parents withdraw dc they have to pay a full terms fees which could be about £7k.
If they were fully assisted this doesn't cover withdrawal, so the fees apply.
I suppose parents have to have a full terms fees in savings just in case.

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mummynewton · 06/02/2019 17:28

we are withdrawing my son from his fee paying school and have to give a FULL terms notice. We have given notice on the 4th Feb and would expect to pay 12 weeks in lieu. However, the school have said the FULL term is now the Summer term as we are a month into the Spring term and so will be taking 6 months fees in lieu. Is that legal??

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LIZS · 06/02/2019 17:41

It is a usual term that notice is only effective from the first day of the next term, so in your case you are liable for fees until July. You should have given notice before the start of this term to only pay until Easter. I have only known this to be waivered if the school acknowledges they can no longer meet the child's needs and an alternative place becomes available. Presumably there is a deposit which is only repayable when the account is settled.

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ChocolateWombat · 06/02/2019 18:13

Agreed, these contracts are fairly standard and it never says that it's 12 weeks from any point or the equivalent of a term from any starting point, but a FULL term's notice to be given (usually) before the first day of a full term. So yes, theoretically, if you give notice on 8 Jan after you've been back at school for 2 days, you will have to pay up until the end of August. And schools rarely budge on these things (or only if it can be kept quiet) because they need to hold the line. Of course, teacher costs, building costs and other costs won't drop for the school if your child leaves....so it is understandable that the school wants the fees.

Contracts usually say something along the lines of the loss of a child can reasonably equate to the loss of fees of 5 years (speaking about those who accept a place and drop out before taking it up - if it happens after other parents have made their schooling choices so the school might not be able to fill the space) but schools limit the liability to one full term of fees. Parents leaving a school or failing to take up a place often fail to understand the possible longer term loss of revenue for a school and just want to get out as cheaply as possible.

It is a case of 'buyer beware' - read the terms carefully before you sign them....and then be prepared to adhere to them.

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WhyAmIPayingFees · 06/02/2019 19:29

OP I’d encourage you to give notice as soon as you have decided not to proceed. You might put a child on a waiting list out of their misery sooner rather than later, or allow another parent to give enough notice elsewhere time to give notice to accept an offer from the school you would be declining.

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peteneras · 06/02/2019 20:26

Don't have to encourage - OP is long gone at least 4 years ago!

On another note, a friend was supposed to start her DS full boarding last autumn (Sep 2018) after having paid the deposit some nine or ten months earlier. But sometime during the Easter period, she changed her mind and decided not to start at the school and gave notice. The school then demanded a full term's fee in lieu (>£11K) and friend was worried sick. I looked at the paperwork/contract around June and decided there was no contract undertaken whatsoever and advised friend not to pay but instead to ask for a refund of the deposit. (We had earlier in April offered the school a forfeit of the deposit plus an additional £3K but the school refused).

With this new development, we never heard back from the school and friend's DS is now happily settled at another indie doing tremendously well. My advice: Read the paperwork very carefully!

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WhyAmIPayingFees · 07/02/2019 06:23

Oops yes did not notice zombie thread dates! But the idea that you should let school know ASAP still holds as it lowers your chances of being stung for a term, and allows others possibly in a chain to change their choice without being stung eithrer. With Easter approaching....

Interesting case peterneras. Bit of a try on by the school there even when notice had been given. I wonder if anyone does get their deposit back? It’s always “non refundable” in agreements we signed.

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Genevieva · 07/02/2019 08:51

It is understandable that schools need enough time to recruit a new student, but I am always amazed there isn't a settling in period with these contracts. Sometimes a school and a child just aren't a good fit but the parents keep their child there for the notice period because they have to pay, even though isn't the right decision pastorally. I have a relative who treats contracts as a starting point and writes all over them and crosses bits out before signing. I do wonder what a school would do if the parent added clauses to the contract. With the amount of money at stake these days, it wouldn't be unreasonable to treat the school's standard contract as the starting point in a negotiation.

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user149799568 · 07/02/2019 09:15

I do wonder what a school would do if the parent added clauses to the contract.

I suppose it might depend on how sought-after the school is. With the amount of angst on display in the 3+ 4+ 7+ thread in primary, I doubt many of them will be trying it on.

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ToHaveAndToHaveNot · 19/06/2019 16:22

Just wanted to add another query to this topic. I informed my child's class teacher via email that my child would join a new school next year (before the lieu of notice deadline). The school are insisting that this is not a formal withdrawal request. But the terms and conditions do not state who should be informed to withdraw your child and want me to pay next years first term fee. I am contesting this. Any advice out there would be appreciated! Thanks :-)

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malmontar · 19/06/2019 17:46

Not to be rude but why on earth would you inform the class teacher and not the office? The class teacher isn’t the one who offered you the place or the one whom you pay the fees to?

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Lonecatwithkitten · 19/06/2019 19:15

It would be normal to infirm the head teacher in writing that you were providing a terms notice of your intention to remove your DC from the school.

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OKBobble · 21/06/2019 22:40

Usually inform the head and/or bursar

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FiandFrankie · 02/01/2020 13:57

Does anyone know the rules on giving a rolling terms notice?

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prh47bridge · 02/01/2020 14:17

I'm not aware of any rules on giving rolling notice but I would be surprised if the school allowed you to do that.

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