Independent school withdrawal - extenuating circumstances?

[packboom]

Posting on behalf of SIL, she wants to know opinions as there has been a bereavement in the family and as a result she has had to withdraw her DN's independent school place this term over the summer holidays.

The school, on the back of extenuating circumstances, have kindly not charged for the term's fees but are keeping the (substantial) deposit. This leaves SIL in a tricky situation financially as the bereavement has left her in an awful financial mess.

Is there anything she can do to try and get the deposit back, or any precedent for this sort of thing? The T's and C's say the minimum financial penalty is retention of the deposit but the section about extenuating circumstances is rather vague.

I would advise your SIL to contact the school bursar to clarify.

Very sorry for her loss and pleased the school have not held her to the contractual obligation of one term's fees in lieu of one term's notice.

I should think it unlikely they will also return the deposit, especially if they are unable now to fill the vacant place. But if you don't ask, you don't get so she has nothing to lose by trying...

Poor family and poor DN to experience a personal loss and upheaval in changing schools.

Thank you anonymous. Sil has already written a letter to the head and bursar but I suppose another phone call might help. The school is heavily oversubscribed so I would be surprised if they couldn't fill DN's place, so I guess it's worth a go.

Let us know how she gets on. Best wishes!!

As a basic principle the school has a duty to mitigate its losses, and penalties are not enforceable. So if they have filled her place with another child, they have no loss and can't charge you.

Yes, Agapanthers is correct I believe, though I'm not a lawyer. If they fill the place immediately - and especially if they will charge a large number of children £100 or so to be assessed for the place! - it is difficult to justify the loss. Depends I suppose if you want to take it as far as a solicitors letter.