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

[mummytippy]

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.

That is absolutely true LadySybil (GREAT name btw!!!) - but we have always been advised by our lawyers NOT to bank a part payment cheque as this can damage our case if we then carry on. Just quoting from my experience was all. It certainly doesn't mean they HAVE accepted settlement, but it can make their case slightly more difficult and elongate things.

I should have been more specific however - I asked mummy if she had sent in a covering letter explaining what the payment was for. If she had done so (i.e. here's a cheque but it is only for the time my child was at school) it can be taken as having been offered in full and final settlement. In banking the cheque, courts have concluded in the past that the contract between the parties i.e. by making the offer in the letter (which was accepted by banking the cheque), the parties had settled the debt that was owing at the lower amount tendered. Pushing it granted, but it may be an option IF mummy wrote enclosing the cheque.

That is outrageous. Apart from anything else no teacher at my DC's prep would ever call a child naughty.
Basic psychology.
This woman needs to be highlighted. I would go through their complaint procedures, governors etc... and seek the advice of a lawyer - I am sure there is something that can be brought against the school in countersuit. If the governors think it is going to cost money and potentially bring bad publicity they could settle for the rest of the terms fees. Are you friendly with any parents from the school? What do they think of it, and the head? I am guessing you don't want to name the school!
The fact that your son is now happy and doing well is great. It just goes to prove that just because you are paying - doesn't make it a good school.

How true conorsrockers paying does not make a good school. The school makes a good school and the way it treats its parents and pupils is definitely a part of it.

Thank you again for taking your time to reply.

Firstly, yes when I sent the letter to the school with my cheque, I enclosed a letter outlining what the payment was made up of and asked politely that it be accepted as full and final settlement in view of the circumstances.
The cheque has not been cashed.

I have received nothing from the school by way of acknowledgement of this letter, contact or letter... and then received a court summons. I did send the letter and cheque by recorded delivery and the signature provided by Royal Mail is (C Court) which correct me if I'm wrong could mean County Court?!

I have had a brief discussion with a solicitor over the telephone and have an appointment to see him tomorrow morning.
I am to obviously take everything I possess in relation to paperwork and diary of events plus the voice message recording left by the head the on my mobile phone.

I stressed to him that I feel think I'm being bullied and that the head has certainly not responded to me in a professional way and therefore I've not been allowed to resolve the important issue of how my son was treated through the school's lack of care. I explained that my feeling is the Head seems purely fixed on getting money and is ignoring my complaints full-stop.
I also gave him the name of the school... as I told him I don't possess a copy of a contract or details of how to complain/grievance procedure.

To clarify, my cheque covered the period to which I removed my son... so the difference is the notice period... although this amount has now increased and there is no detail as to what the difference is made up of as it's simply detailed on the summons.

I am hoping that he can put the facts together and also convey my feelings to the judge in the way that emphasises how badly the head has handled things.

Again I reiterate that had none of the poor treatment happened my son would still be at the school.

Just wanted to get an understanding is all. If they have not banked the cheque then they have not accepted the settlement. So that's clear now.

I think you should mention that you did not get any warning of legal action.

If the solicitor is going to act for you then perhaps you can ask HIM to request a copy of the contract and grievance procedures as you have felt too 'harassed' or some other useful word to request these yourself given the lack of communication and rudeness of any you have received since removing your son.

The increase in cost will be the final invoice plus statutory costs and interest I imagine.

How did your meeting go?

Thank you Dramafluff,

The meeting went well with the solicitor thank you and as you've pointed out he is going to ask for a copy of the contract and complaints procedure on my behalf for the very reasons you've stated. The relationship had broken down too much for me ask for these items myself.

He said it's pretty clear that you should give a term's notice but there's been no evidence to back how the head is able to pursue me for a term and a half (son withdrawn at Oct half-term).

He also said it was a very poor show that there had been no acknowledgement of my cheque sent on the 19th Dec, or correspondence to inform me it wasn't acceptable and therefore legal proceedings were now underway.

He said the whole matter has been dealt with in a very under hand manner, that my complaints have been brushed aside in pursuit of the head's intention to get paid regardless.

He said I have an arguable case as the voice message left by the head says she has a child for my son's place, which mitigates her financial losses.
He also said at the most the notice period should run to next half-term and not the end of the next term.

He also said that there is no way of knowing what the amount on the summons is made up of (increased figure) and on working it out at the rate of standard interest being added to the original amount, it is incorrect.

He is going to try to negotiate with the solicitors acting for the school/head... stressing they be reasonable in view of the circumstances and the fact is neither side wants costs spiraling out of control as they cannot be claimed back from the other party.

The school my son attends now is going to prepare a letter confirming my financial stance with them and importantly they are also going to have my son's class teacher supply a report on the findings of her basic educational assessment of my son when he joined the school (without prejudice).

The solicitor cannot give me any guarantee... and I stressed I don't have money to throw at this but I have to pursue this matter to a certain point
and make a stand as it would be terrible for anyone else's child to go through any of this.

I have my fingers crossed, Thanks again.

Point to mention... When the solicitor said it's pretty clear you should give a term's notice... he said that as that's the general rule for most independent schools... not because I have anything in hand.

What an awful way to treat you boy (and not typical of most schools). It might worry the school if your solicitor mentions that you will obviously be fully reporting the facts in public unless they write off the debt and that you fully reserve your rights on behalf of your son to sue the head for psychological damage to the boy if they persist with the claim and that that claim will be well in excess of what they have sued you for. Also they should not have sued without a final warning.

If you follow Xenia's advice, them you will be laying yourself open to blackmail charges. I think that would be unwise, your case is weak already (as you made no attempt to follow the grievance procedure - see TheGrimSweeper's post of 5 Jan, she won only because she had and could demonstrate that).

I am also a bit concerned about you choice of solicitor. He is giving you advice including a non-standard interpretation of a full term when he hasn't even seen the contract. Has he actually handled a case like this before?

In every dispute in the land you apply lateral thinking and commercial issues, not just legal ones. YOu don't have to say I go to the press unless you back down but you can certainly imply it. I was just suggesting thinking about those other issues.Many many disputes are settled even if one person is not in the right.

@Edithweston, The solicitor has dealt and won cases which have been similar but related to care homes... lack of care/breach of contract.
He has said my case is not dissimilar, but as you say (and he's aware) needs to see a copy of the contract. He actually suspects there isn't one and that the two sentences on the admission form I completed after my son had started at the school are probably it.
The main point he's going to raise is that not only was I not given a detailed contract but I also wasn't given details of the school's complaint/grievance procedure, so how could I follow it. Also, when I initially wrote to the Head she didn't give me alternative guidelines on this so I could only presume I'd done the correct thing.
He feels the school may well be in breach of contract through the way they have behaved towards my son whilst in their lack of care so it really is a two-way matter.

@Xenia, The solicitor says the psychological treatment of my son does come into it from the point of view that this is the main reason I withdrew my son from the school in the first place in addition to the poor education he received.

He's in agreement that the Head should have at least tried to resolve my complaints instead of ''ignoring'' them in saying that they are accusations to simply not have to pay.

All I can do is hope that some justice comes from all of this as this Head must learn that she cannot treat children or their parents this way. It is simply wrong.

Thanks for your time.

If you just argue these points even if you wouldn't win them in court they may back down. The school may be in breach of contract because of what they did to the boy and if they fear you have a counterclaim which is bigger than their claim (and that is not blackmail - it is normal practice and lawful to bring a counterclaim when one exists) they may well back down.

Presumably the sum in dispute is under £5k and is a "small claim" which means if it went to court neither side could claim costs against the other in most cases so really realyl silly anyone is having to spend a penny on lawyers' fees in these kind of tiny cases. (Tiny in terms of compared to bigger cases, not tiny if you're having to pay it).

Thanks for the update mummy - I look forward to hearing how things progress.

I just wondered if you had heard anything from the solicitor or the school.

@ Dramafluff,
Thank you for asking how things are going...
I found out that the school took twins (boy and girl) and a girl into the class my son was in. I forwarded this info to my solicitor a couple of weeks ago and am hoping to hear from him very soon. According to him the school has more than mitigated its loss (in taking three children on roll) so hopefully this will help my case... fingers crossed. Once I know more I will post an update. Thank you.
@ Qtpie, I signed an admissions/contact form a week after my son had started at the school which basically had (in very small writing) 'Terms notice required or fees in lieu of notice'.
My arguement is that I couldn't give notice because my son was receiving such poor treatment I had to remove him with immediate effect. I would rather him have been treated properly and still be at the school. I hope this clarifies. Thank you.

The stumbling block in the case remains that you cannot demonstrate that you sought redress (eg by pursuing all normal channels). Has your solicitor been able to advise you on that weakness in your position now that you will have been able to furnish him with the contract and any other relevant documents?

@ Edith Weston, The complaints procedure of the school is to write to the head which I did, but my concerns were not addressed. Instead I have simply been persued for money. The solicitor has been checking on the contract side of things... but so far he believes the contact/admission form is the only thing close to one. Many Thanks.

I thought from the above that you wrote after you had stopped paying, and that is what I see as the weakness in your case.

@EdithWeston, I complained in the letter I sent during October half term (28/10/2011). Here I also gave notice with immediate effect. At this point fees for Sept and October were outstanding. I sent a cheque to cover these fees in December but my cheque wasn't banked or acknowledged. Two weeks later I received a court summons.

Giving notice in October, as the notice period is a full term (not two halves), means you owe up to Easter 2012.

As you do not appear to have written to the school, as per grievance procedure, you have a weakness in your case as you cannot show you exhausted all avenues for redress within the contract before breaking it.

@EdithWeston, Thank you for your reply.
The letter I received from the debt collection agency amounted to fees up to Easter as you've said.
I checked via Ofsted's website on the grievance procedure on the school and it is to put complaints in writing to the head. Prior to my son leaving, I did complain to my son's class teacher verbally too which has been documented by my solititor. I understand what you are saying, but sadly as my relationship had deteriorated so much with the head in her manner towards me...and so many terrible things happened to my son over such a short space of time I had no option but to make the complaint formal at the point of withdrawing him. I wasted time giving the staff the benefit of my doubt and presenting a united front. As the head's response was concentrated on her assumption I couldn't afford the school fees and that she believes this was my 'real' reason for removing my son (and the complaints are an excuse to get out of paying!) the fact my son now attends another fee paying school should go in my favour. Also, I'm sure you've read the previous posts... but the fact 3 more children have started at the school since my son left means she has more than mitigated her loss which has also been documented by my solicitor. Thanks again.

Also... In terms of breaking my agreement the solicitor is certain the school has broken theirs towards my son in the way in which he was treated.

It would help your case re mitigation of loss if you can show that one of the new dcs took your ds's place. The fact that three new pupils have started is meaningless if the school had space on the roll. Eg if the school roll max is 200 and there were 197 on the roll including your ds then adding three more doesn't help you. If there were 198 then adding three does help you as they couldn't have taken one of the new pupils if your ds hadn't left.

What steps is your solicitor planning to take next?