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What are my rights to withold school fees?...

262 replies

mummytippy · 27/12/2011 15:25

Hi everyone,

I'll try and keep to the point with this very stressful and upsetting matter.

My son started at an independent school just after Easter. At this point he was 4. He turned 5 at the end of June.
We were due to move house (a move of just over 20 miles) so I decided on a school close to where we were going to and have now moved to. This was to try and ease any upheaval... as at least I hoped he'd remain at the same school despite moving house.

Upon enrollment the Headmistress advised that as the Easter term was short, and my son was a summer born boy, his progress would be monitored. She said that should he need a little more time to settle in he would continue after the summer hols in Reception and join year one after the October half term.

He settled in well. On the whole he's a very well behaved child and if anything he adapted well with the transition from nursery (free-play environment) to the more structured classroom environment.

At first things seemed fine, I found there to be small problems... little things... for example, letters home about uniform and important dates would name my son incorrectly... and I too would be addressed in-correctly (wrong surname and title). I dismissed these as felt they were minor.

As the summer hols approached I wasn't contacted as discussed by the head or my son's class teacher regarding his progress.
The head does have a reputation as quite formidable. Most parents find her very intimidating.
Instead of being contacted personally as I'd believed I would, I received a sheet of paper on the last day of term with a tick in the box telling me my son's progress was 'satisfactory'. This was not expanded upon.
I asked another parent with children in the same class... and apparently if you 'hadn't heard' it meant your child was going to start in year 1 after the holidays. I was pleased, as I felt my son must have met the required standard... in such a short term... and importantly it meant he could remain with his class mates.

After the (8 week) Summer holiday my son returned to school. After 3 days in, I found a compliment slip in his bag asking me to go into school as 'his behavior was causing reason for concern'. I was very shocked and worried... and wondered what on earth could he have done?

I arranged to see the headmistress the next morning. At the meeting (which the headmistress kept me waiting 20 minutes for) I was told my son had been sat 'twitching' at his table and 'fidgeting' with the contents of his pencil case.
I explained that this was very out of character... (usually if asked to stop, would) and perhaps as the holidays had been very long (as long as the Spring term) to maybe give him a few more days to settle in.
I was then completely shocked when the headmistress turned to me and said... 'Surely you know you have a naughty boy?' to which I replied dumbstruck ... 'Well, actually, he's relatively good at home... and has his moments... like most children' to which I got 'Oh, so he's an Angel at home and a terror here'... well his attitude has to change or you're wasting your money'!!! I did my best to remain composed and then re-iterated we were also moving house (upheaval, leaving his friends made since birth etc) and to bare this in mind and offer him additional support.

I am a lone parent and cannot say how much this shocked and hurt me to hear. Once I'd left the meeting, I went out to my car and sat and cried. Despite this, I felt I had to give the teacher and headmistress the benefit of the doubt, present a united front and had a chat with my son after school... explaining the importance of listening and learning at school.

From here, things went from bad to worse...
My son had started school being able to hold a pencil correctly but somehow now could barely do this? He was struggling to keep up too. As a result he was kept in a break times and part of the lunch hour and set extra work to do at home which I gladly did with him.

I received another note: Saying Griff's homework hadn't been done... but it had as I'd done it with him. I explained I knew it had definitely been completed as we'd had to use a blue pencil crayon (not ideal) and then the teacher sent a note saying 'It's turned up, 'my son' had hidden it at the bottom of the marking pile'. This is not something he would do... I seriously mean that... if anything he'd have to be told where to put the homework.

Then, about a week later, one morning whilst he was getting himself dressed for school he burst into tears... saying ' Please tell Mrs * (the head) I can dress myself Mummy!'. I couldn't believe how upset he was... and asked whatever had happened. He said he'd been dressing after P.E. the day before and the head had asked him if he dressed himself at home... on saying yes, she had replied with 'I don't believe you'. I can imagine he was probably dressing a little slowly... but he is only 5! I was not happy about him being demeaned.

By now I felt extremely unhappy and guilty in sending my son to school as he was clearly very unhappy... especially as the school seemed in no way to take any of the facts about our house move into consideration.

The final straw was my son being refused to go to the toilet after raising his hand and asking. As a result he wet himself in class and had to change into his P.E. shorts. I was humiliated and embarrassed and I out raged.

By this point we had reached October half term and I had to come to a decision... the last thing I wanted to do was create more upheaval. We had only been in our new home just over a week.
I felt I had no choice but to withdraw him from the school with immediate effect on the grounds that I felt he wasn't being treated or cared for properly.

I wrote to the headmistress explaining my reasons... to which she didn't acknowledge my letter but left a very rude answerphone message. I again wrote to her (going into more detail) to which again she replied very rudely, insulting me, saying I was rude and that I was being unfair to my son in removing him from the school and that he should have completed the term. She also said she felt I had written my letter of complaint to simply 'get out of paying the fees' and that she believes I cannot afford the fees'.
With regard to my son staying on, I was afraid of how he would be treated if he stayed, as they didn't seem to care about him before I'd raised my concerns.
With regard to affording the fees, the headmistress is not aware my son is now blissfully happy at another Independent fee paying school.

So, going back to my point about payment... I had been paying the school fees by direct debit each month... until September, where because I wasn't happy I put a stop on the DD. I withdrew my son at Oct half term... and was prepared to pay for Sept and Oct.

I am trying to look at this matter in a 'matter of fact' way which is:
'If you are unhappy with a service, do you pay for it?'
As I am extremely upset at the way my child has been treated and am unhappy with the standard of the education too, I am close to complaining to the ISC and Ofsted.

As a result of withholding payment, the headmistress has already
consulted a debt collection agency who are not only asking for the fees up to the end of term for which my son was withdrawn half-way (winter term) but she has also invoiced me for the Spring term of next year too.

I feel the school has failed my son and we have both been treated in a despicable manner. I would be very grateful for any advice and support.

Thank you in advance.

OP posts:
Catslikehats · 28/12/2011 15:11

I have to say OP if you are this obstinate and unreasonable in the face of very sensible advice I am starting to understand why the Head might have had ishoos with you

mummytippy · 28/12/2011 15:12

@Peaceofcake...
That's terrible, you poor DS, and as you say the important thing is that to be happy at school.
The head of your DS school sounds like he's in a similar mind set... as one of the posters pointed out... we do not live in a perfect world... what is it with some people.
I'm still friends with a couple of the mums at the school, one of them has recently divorced. When she went in to speak to the headmistress with regard to her son being upset she said the first thing she was asked was can you still pay the fees and then the second thing she was asked was had she met someone younger! How rude.

OP posts:
mummytippy · 28/12/2011 15:14

@QTPie...
I was summarising what I've just said to you in the previously reply to you...
it was a very long initial thread as you can see!

OP posts:
PeaceofCakeAndGoodWineToAllMN · 28/12/2011 15:15

I was advised to place him in a boarding school with a 'strong male housemaster' as ds's life was lacking a male rolemodel Hmm. I didn't.

Seriously though, pay what you owe and move on. Your son's happy now, that's what matters.

rainbowinthesky · 28/12/2011 15:16

Mummytippy - I was sympathetic towards you at the start of this thread but it does sound like you were never going to be happy with the school and either you're stretching the truth or you and lots of other parents seem to have accepted a fairly strange set up at this school. I can see why the head assumes you can't afford to pay and are using these issues as an excuse.

DoesntChristmasDragOn · 28/12/2011 15:17

"I had been paying the school fees by direct debit each month... until September, where because I wasn't happy I put a stop on the DD"

" stopped the DD because they requested the lower amount (with nursery voucher deducted) and I planned to set it up with them again for the new higher amount... then the house move distracted me."

How, exactly, are theses two statements the same?

mummytippy · 28/12/2011 15:18

@Queenofdenial...
I am not obstinate and am well aware the head has issues with me!

OP posts:
QTPie · 28/12/2011 15:21

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

mummytippy · 28/12/2011 15:23

@peaceofcake...
That's truly terrible... it sounds like something you'd expect to hear during Queen Victoria's reign...
You are right, I just need to move on...
I hope you DC is happy now and thriving at school?

OP posts:
PeaceofCakeAndGoodWineToAllMN · 28/12/2011 15:25

He's doing very well, turns out his problems are caused by being dyspraxic and not as a result of coming from a single parent home. Hmm I was very angry at first, I'm pleased we left because the head's a nob who doesn't deserve any more of my time. Wink

mummytippy · 28/12/2011 15:28

@rainbowinthesky...
I can see too why the headmistress thinks I cannot afford the fees...
which frankly now with hindsight I wish had been paid when they were due.
I can see too that it looks like I'm looking for an excuse not to pay... but I am not. My son was mistreated at this school.

OP posts:
rainbowinthesky · 28/12/2011 15:30

You say he was mistreated but you kept him there for half a term. Surely if things were this bad you'd have stopped him going and gone through the correct channels to complain at the time rather than now they want you to pay up.

amerryscot · 28/12/2011 15:30

How on earth was he mistreated? Were all the other boys mistreated too?

mummytippy · 28/12/2011 15:38

@peaceofcake...
I'm so lad to hear your DS is doing so well...
and suffering from dyspraxia I hope he gets the support and devotion at
his new school.
There are too many parents at the school were my son went who seem happy to go along with the head's attitude... despite them knowing there are issues. They seem happy to do this because it affiliated to the independent secondary... meaning an entrance exam doesn't have to sat.
The way I see it it is, the head of a school is meant to be a professional person in a position of trust and care. They are role models.
As you say - best out of there and to have no time for such people.

OP posts:
mummytippy · 28/12/2011 15:43

I allowed my son to stay until half term as the issues the head had were only raised in the first week of Sept after the summer holiday.
I present a united front, and gave them the benefit of the doubt... explaining to my son he mustn't fidget in class.

OP posts:
mummytippy · 28/12/2011 15:45

@amerryscot...
I think you and I have different opinions when it comes to how a five year old should be treated at school and there are many things I haven't put down in the thread.

OP posts:
mummytippy · 28/12/2011 15:47

Thanks to everyone who's commented on my post...
It's time for me to reflect on all the advice and deal with the matter.
I'll keep everyone informed. Thanks again.

OP posts:
BoffinMum · 28/12/2011 15:56

When you sign up for an independent school an element of risk comes with it that you will be unhappy with what they are offering. You can't just withold the fees because of this. You could only really withold the fees if the school did not open to provide your children with an education, or there were no teachers, or something like that. In other words, very extreme situations. But not otherwise.

I think what you have got here is a difficult headmistress who wants shot of you, because she had taken a dislike to you and your child. It also means this is probably the wrong school for him as they seem to have very different expectations of young children to yours (I won't comment what I think about these expectations, but suffice it to say I don't think from what I have read here that your son is the main problem Wink).

I think you should meet your financial liabilities here as soon as possible, but make a formal complaint to the Board of Governors regarding her attitude towards you and your son, and her poor communication. They might, just might, refund some of the money, given that you have pulled him out of the school. If not, just move on and put it down to experience.

exoticfruits · 28/12/2011 16:08

I don't think that the rights and the wrongs really matter, I bet the school are covered in the small print and the best you can do is follow the advice of BoffinMum.

BoffinMum · 28/12/2011 16:16

In defence of independent schools, many of them run on a shoestring despite appearances, and many parents completely try it on with fees. So they have to draw a line somewhere otherwise they'd collapse financially. It's not the same type of business model as Marks and Spencer or whatever, rightly so.

Happygardening · 28/12/2011 16:29

Many small prep schools don't have a board of governors or inspected by that joke organisation the ISI.

MigratingCoconutsInTheNewYear · 28/12/2011 16:42

Yes boffinmum, I have no experience of private schools but I can see that a certain amount of financial stability is essential in running a school. Therefore putting in payment clauses would be really important. That has to be part of the deal you accept when signing up to private education.

Op simply must pay. End of. Like i said in an earlier post, I'd love to hear the Head's version of events!

Kensingtonia · 28/12/2011 16:44

Just a comment. I withdrew both my children from an independent primary after an argument. I refused to pay for the notice period as the school had made it virtually impossible for them to continue there. The school did involve an extremely nasty debt collection agency who harassed me for several months but I stood my ground and said I was happy to go to court and for the whole story to come out. They gave up in the end.

BoffinMum · 28/12/2011 23:03

You have different kinds of independent school. Some are proprietor-owned, run at a profit, bought and sold, and highly risky to get involved with. Some are charities and have boards of governors. Some are still run as businesses but have councils or similar bodies overseeing what the school does. It is always worth checking out accountability issues before signing on the dotted line.

ISI are not always hopeless but perhaps a bit toothless sometimes.

BoffinMum · 28/12/2011 23:04

BTW in a school budget well over 90% of turnover goes on paying staff costs.