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Is this email legally binding?

7 replies

Everyoneiswinginit · 20/09/2018 17:45

My DS won a bursary from his school that gave him a few hundred pounder per term towards stationary, trips and study guides. I sought clarification of how much exactly he could claim from the bursary towards an expensive trip he is going on next year. I received an email from the finance department stating £300 per term(3 terms). I acknowledged the email and we planned our finances accordingly. When my son tried to claim the amount by filling out a form at school, he was told they had changed the rules and he could now only have a total of £300 towards the trip, not £900.
I have contacted the school, sending a copy of the email from them confirming it would be £300 per term. They have apologised but said the decision stands. am I right in thinking they can't do that?

OP posts:
Joe66 · 20/09/2018 17:51

Yes, but it's pretty poor practice. Is it worth discussing it with the head?

Everyoneiswinginit · 20/09/2018 17:55

Yes it's legally binding, in that they said they would pay £900 and now they are paying £300?
I have reiterated that we have planned our finances around this and that we are not happy. I have said we will be looking to speak to the Head if it can't be resolved by them.

OP posts:
Joe66 · 20/09/2018 21:12

Sorry, I meant yes they probably can do that. Legally there is something called promissory estoppel which is basically where you have relied on a promise to your detriment. But it can only be used as a shield not a sword, which basically means as a defence not as the basis for an action, but I would be arguing something along those lines in any case. That you were clearly advised it was 300 a term and you have built your finances around that, have relied upon it, and now find yourself financially embarrassed because of their mistake. Morally they should probably honour the agreement but contractually i very much doubt its binding. But very poor practice and not something I would want to let go either iyswim. If they are honourable people . . . and anything like my son's head I think I might talk about honour and gentlemen and agreements etc! Let us know how you get on.

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Everyoneiswinginit · 20/09/2018 21:23

I see. Yes I understand. Thank you.

OP posts:
ThunderInMyHeart · 20/09/2018 21:55

Promissory estoppel is your best bet, I agree.

Harder to prove a contract: they offeredthe £900, you ‘acknowledged’...but did you ACCEPT? Intention is there, not sure re consideration.

Everyoneiswinginit · 20/09/2018 22:02

I asked for clarification on how much DS could claim, I received an email telling me 3 lots pf £900. I replied saying thank you for the information and confirmed that he would complete the necessary forms on his return to school in September.

OP posts:
Everyoneiswinginit · 20/09/2018 22:02

£300 not £900!

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