AIBU to accept a +11 scholarship for DD but withdraw her at 16

[sportsmaddd]

My DD has been offered an academic scholarship for a private school local to us. We are over the moon for her as she is also quite sporty and is excited to have access to all the co-curricular activities that the school offers. The local state school is unfortunately in special measures, and some of our friends children, who are bright and hardworking kids, are finding that their classes are being disrupted and that many of their lessons are being taught by supply teachers.
On the other hand, the local sixth form college is pretty good and has an excellent reputation. Many of our DD's friends will be going there, and we think it would be the perfect transition to University if our DD decides to go down that route.
However, the academic scholarship my DD has been offered has terms and conditions attached including: "The offered scholarship is through to the end of Year 13. If the student leaves before that time, the School (at the Headmaster's discretion), may ask for repayment of the funding granted".
My sense is that this condition is pretty loose in legal terms. The school "may ask" for repayment if our DD leaves early, but where does it specify that we are obliged to repay an award? It is tricky for us to ascertain whether the school has ever asked for repayment of fees.
We wouldn't have funds really to keep DD at the private school for sixth form, even with the scholarship. We have factored in annual fee increases however.
Are we being unreasonable to accept this scholarship, even though we would take her out of school at the end of Year 11 to go to the local college?

I'd ask them to remove that clause, Op! They obviously want your your DD.

Presumably the private sixth form isn’t great because everyone leaves to the free sixth form so they lose all the good students who’s forward facing parents want to prepare them better for uni life.

id say the private school put that condition on the scholarship exactly for that reason and you should assume that if you say you’re living her for 6th they will do their best to recoup some or all of the money they’ve invested in her.

Funnily enough the local state school was outstanding when we first moved here 12 years ago. We had thought DD would go there. The local college has always been outstanding, hence why 50% of the private school kids leave for the college at the end of year 11. At the private school, the sixth form is dominated by overseas boarders and sports scholars. The leavers destinations are by no means amazing.

Yes-you're right, but the T's & C's are so loose "may ask", nothing about us being obliged if they do ask!

See what she wants at 16 imo - over that time she will have made probably more meaningful friends than those at primary - if the 6th form is as good as the college and she wants to stay there then no issues - I wouldn't plan at this stage.

I'm not sure we're brave enough to ask, or want them to potentially re-look at their T's & C's and make them less loose!

I think it’s pretty clear that they are saying they have the right to send you a bill for the whole amount if you do take her out for a better local sixth form.

it’s worded that way to not plant the idea to those less savvy / more loyal that that’s a path so often taken that they need to add a clause in the contract for it. And to also allow them to assess personal circumstances… so if the family is moving aboard etc they won’t need to pay.

With that clause and the squeeze on private school finances ahead, I'd fully expect them to ask you to repay and pursue it if you don't.

I'm not sure I'd trust the private school to give her a decent enough A-Level education tbh - we also couldn't stretch to it really, what with Uni potentially too.. My DD is aware of all this, and makes friends very easily as she's quite confident.

In that case I guess you have no choice but to assume that they will ask you to repay the money, and plan accordingly.

Sorry should have rtft! Defo check the t&Cs

I'd ask for the phrase to be removed I'd frame it along the lines that you can't make decisions about her post 16 education for her. You don't know what her aspirations will be and those are decisions she needs to make independently and where she goes will very much rely on the most appropriate course provision for her needs. She may decide on an entirely vocational route.

Good idea - I'll check - thanks.

Why would you take her out?

Sixth form would be about £60,000 for the two years. The fees ramp up for Years 12 & 13. Paying back the scholarship award for 5 years would be about £30,000. We are using an inheritance to pay the school fees in part. The deceased expressed a wish that we use the funds for DD's education.

I would definitely take the place, a good education is something they can never take away.

According to DH (who is a commercial contracts negotiator) May in a contract leaves a door open for them, it's to protect them against people taking the piss - missing school, not doing homework, poor discipline etc.

If your DD does well in the school but wants to leave at 6th form it's highly unlikely they would want repaying. If she does very well they may up the scholarship to keep her, although with the VAT repaid that might be less likely.

Fair enough! I guess you’ll just have to bear in mind the possibility of needing to find £30k.

Thanks for this. Given the current state of the local state school we feel like we have to take up the place at the private. We know someone recently who's child was an academic scholarship (20%) at the private, wanted to leave for a different, more academic private for sixth form, and the existing private offered them a 50% discount to stay! Even with such a discount, not sure it would be worth it for our DD as the local college is brilliant, and it will definitely be a better transition to Uni/Real World. In any case, we would rather keep money for something else, Uni or house deposit.

My daughter got a dance scholarship to a private school but in that case it was only until year 11. It was widely acknowledged that many move on at that stage. Some will want to go to a school that offers A levels, some a Btec, some may go onto another specialist institution and some get an apprentiship.

I would be wary of committing until 18. Your daughter might want to study A level subjects at college not offered by the school, or she could decide she hates sport and wants to do to drama school or that she wants to train to be an electrician or do childcare or whatever.

50% of the private school kids leave for the college at the end of year 11

Okay well then I'd expect the private school to enforce that clause and want their money back from you. They must be mighty cheesed off with the 16-18 exodus. Perhaps if you have to move out of the area then that's the kind of 'may not have to' pay it back scenario, but if she's leaving to go to their local rival, they're not likely to waive the forfeit.

I'm surprised it's only 20% scholarship though. That's not huge and means you're still paying a heck of a lot to send her there, in which case I'd have thought you could manage to suck up sixth form or the repayment fees. If you're really too stretched to do either, then I wouldn't take the risk.

Yes - I think we need to negotiate with the school possibly and see if they can change it to "Year 11" in the T's & C's..
Thanks for your post.

10% - 20% is pretty standard these days. Sports scholarships, for really talented pupils, can be 50%, but obviously depends on the school.

Wondering if they can actually enforce the clause though - they can ask, but nothing about us being obliged. I obviously need legal advice.

There is no 6th form at DS's Private School so they all leave, mostly for the same 2 colleges so the transition will probably be fine for your DD, although she may not want to leave at that point.
BUT I think you have to consider the real possibility that the school could ask for the funds back if she does leave. People can say its unikely all they want but it is possible and you need to think about what you would do if that happened.

IAAL.

”May ask” is very woolly, and in my view would not put you under any legal obligation to repay. They would need to be much clearer than this if they wanted a legally enforceable entitlement to come after you.

In your shoes I would take the scholarship and not give it a second thought.

Aside from anything else it would be a really bad look for the school to pursue you if you did leave for 6th form, and would be seriously off putting for other parents, especially for prospective scholarship parents.

Tell the school that. They might make more funds available for VI form if she is a 'star pupil'. They want to keep their results high.