Can I pursue our prep school for failure to educate my son properly?

[MamiSandra243]

Our son attends a local, very small prep school. He only has 11 children in his class and is in Year 4. The fees are approximately £11 per year.

When he joined the school about a year ago, we were assured that due to the small class sizes, the school is able to give every child the attention they need. It is on this basis that we decided to send him to this school. Sadly, nothing could be further from the truth.

Shortly after joining the English teacher resigned but has not been replaced by an equally experienced teacher. English lessons now frequently involve the children being left to their own devices (like being asked to just read their own books for an hour). They produce very little written work in class - only one A5 book full compared to 3 A4 exercise books in my friend's daughter's primary (same year). When we asked to see the workbooks, the school refused and seems very cagey. His English homework has never been marked. When we asked for this to happen back in January, the English teacher at first replied she has no time to mark and when we protested that marking and giving feedback is crucial, she simply stopped setting written homework. There has been none set since January.

In Maths, our son is often left bored whilst the teacher helps weaker children. When we questioned why he cannot give him work too, we were told this was impossible due to the spectrum of ability in the class and the small size.

We are fuming to be paying so much money and our son is treading water. As far as we can see, the school is not performing its obligations under the contract, i.e. educating our child as promised.

Do any of you have any knowledge of either sueing the school for breach of contract or withholding fees to compensate? I mean if you order a new kitchen and the shop says it includes fitting, but then doesn't do it, you have a case. Doesn't the same apply here?

Thank you.

Sandra

A recent thread revealed that many primary school teachers in the state system didn't mark homework and binned it so Ofsted wouldn't see it - but I agree you shouldn't be paying for this.
Have you delayed moving your ds because you are waiting for a state school place or another prep school?

what are the other parents saying?

Sounds like the school,is on its last legs financially.
Explore state as well as private schools

I think trying to get your money back will be impossible. Better to spend your time arranging something better in time for September. Never mind the money, years of your son's education have been lost and you can never get those back. The money is the least of your worries.

Check the T&Cs. If you have not already given notice, and the school has the normal (and upheld in court many times) notice period of one term, then you will need to pay for the autumn term (lieu of notice, even if not actually attending),

Suing a school sounds like a complete waste of time and effort? I cannot see that you have enough concrete proof to constitute breech of contract? They have been educating your son albeit not to your expectations.

If the relationship has failed so utterly then you need to remove your son.

WhattodowithMum It's only one year partially wasted!

Fortunately not (I assume) a crucial exam year.

What consitutes an inadequate education. Unless OFSTED have come in and closed the school down I don't think you have much of a case.

Maybe you could complain to OFSTED about standards, but you would need to go through the schools complaints proceedure first.

If it was so easy to measure expected and actual progress, schools would be laughing.

It, however, is so open to interpretation that it's PRECISELY why education is such a governmental football....

Unlikely Ofsted would apply for year 4 in an independent school. ISI maybe.

The school is probably on its last legs financially, so litigation will be pointless as well as expensive, stressful and time consuming. Demanding a refund also pretty pointless for the same reason.

Vote with your feet and remove your child asap.

I can believe it. A teacher actually has to be trained to use differentiation. The independent schools inspectorate is nowhere near as ruthless as OFSTED. ISI reports tend to be more vague because the schools pay for it.

And they give a lot more notice of visits.

I see you've already got DS down for a place at another school? Are there any options for you to get any parts of your son's current education for free? This might be a better option & less draining for you than going down the legal suing route? My DD recieved free support for her dyslexia after we kicked up an almighty stink when her school kept telling us there was nothing wrong. A private ed psych report proved us to be spot on! The school was in serious debt & we knew there was little point in suing, but at least we got something beneficial for our child for her last compulsory educational years.

We moved DD at Easter term of year 9 to this independent school & we realised fairly quickly that all was not right. Didn't want to move her again so quickly & didn't have an alternative school to move her to anyway. It was a frustrating & worrying time & I feel can understand your concerns for your own child. My DD is now 22, passed all her exams with that extra free help (& the even better free help she received at her state sixth form!) Your DS will bounce back from this, but what YOU don't need is additional stress of suing a school. This will be draining & likely to be doomed to failure if the school is already on its way to folding.

Have you checked whether the teachers are actually qualified?

There is no reason why you shouldn't ask for a refund, but it doesn't sound like they'd ever agree. Be warned, schools tend to sue parents who withhold fees and are pretty ruthless about it.

There's no requirement for teachers to be formally qualified in independent schools.

That's the point, Dolores, and it's why I asked the question. It sounds very much as if this lot weren't qualified. However, that doesn't excuse the school from the duty to provide a proper education in accordance with the terms of their contract with the parents. And, pragmatically, they probably wouldn't want their staff's lack of qualifications to be publicised.

Why haven't you changed his school?
Precisely.
A lawyer friend often tells me that suing is a mugs game - just find another school, and enjoy your Dc rather than getting all eaten up about it.
DC is really deprived schools have far worse stuff to contend with that treading water.
(Unqualified teachers - in specific subject - are everywhere. I have yet to see a properly qualified Physics teach in any LA secondary state school for example in the area I work in)
Your Dc will not suffer in the long term - just move him now.

I agree, ici, but my point was that although you would expect the teachers to be graduates, at the very least, employing unqualified teachers doesn't in itself place the school in any kind of breach of contract. As you imply, it will be far more effective for OP simply to vote with her feet and remove her son, and her £11k per annum with him.