To not pay the term's notice school fees

[SchoolIssue1]

My DD5 started at a local private school in September. She has special needs and it seemed the best school to cater for her needs. All was reasonably ok. It was a very lively class with quite a few boys with behavioural problems which resulted in them bringing in an additional TA. Since Christmas we have started to worry about safety at the school. It is a rural school but almost all doors are just left open during the day as the children move around the different buildings. Anyone could just walk in off the street and have access to the whole school. This has worried us and, despite it being brought up in many parents meetings, it is brushed under the carpet. They also manage the behaviour of the children by telling them that there are cameras watching their every move - there isn't and my daughter was so terrified they had to tell her the truth. The PTA are organising a sleepover, however, despite my clear concerns (I am on the PTA) they are allowing parents who haven't been DBS checked to sleep next to unaccompanied children. The final straw came last week when the school failed their compliance inspection on safeguarding (and therefore leadership and management too). They said it was a paperwork issue but, to be honest, we have no way of knowing what it was. The trust is gone for us and we can't leave her there. We have found somewhere for her for after Easter (she is at home with me at the moment). Do you think we would be unreasonable to not pay the term's fees for next term due to them failing safeguarding?

The school has nothing to do with the PTAs choice to not DBS volunteers (our PTA doesn't either). I'd strike that entirely from your line of complaint as it undermines your argument.

As for the school being open to all, this is indeed unusual. I have the same question as others: have you put this complaint in writing, and what was the response?

Where will your daughter go next?

I also think they would take you to small claims and you'd have to pay. Small claims is easy, it's an online application, costs about 75 quid and bottom line is they would very likely win. You would have to argue successfully they breached the terms of the contract and I doubt they have because the contract will be loosely worded on this matter, where as payment terms will not be.

You could defend it yourselves, but the reality is you would probably need legal advice and it could get cost heavy. You could even be asked to pay their costs if you lose. It may even impact your credit rating.

I'd pay it, you are contractually bound. Not paying it you're taking a chance the school just lets you off, and I suspect they won't do that.

I think you have to pay.

Without seeing the contract or knowing what processes you have used to remedy the situation I don't see how any of us can know.

It may be that the school has breached the contract by failing to provide a safe environment (and that may be a implied and not an explicit term of the contract because there is a reasonable expectation that children are kept safe at school) and if so, it could be argued that due to their breach the contract is void and so no further payment is required from you.

I would pay without a fight though!

Wouldn't

You could ask them to waive the last terms fees as they cant meet his needs. I did that and the school did waive them. I also vaguely hinted that dc would be staying the last term if they didn't waive them as we couldn't afford to move on and how difficult and disruptive that would turn out for everyone. Its worth a try?