Return of deposits and fees in lieu of notice

[Notbychance]

Hi a short version of the story.
Our son suffered some malicious cyber bullying from a child in his year. The child was suspended for 2 days. When he returned he made our son's life hell. We went in twice in his first week back. Things calmed down for a while then this boy started picking on my son and our 5 year old last week. The deputy head has avoided me all week so I've written to the head.
My children have had racist remarks aimed at them this week
We now want to remove them both at the end of this term and begrudge loosing our deposits and paying fees in lieu of notice.
Any advice on how to tackle this with the school? Their financial position is such that they aren't going to just hand over the money I'm confident of that.

You need a face to face appointment with the headmaster. Ask him what action is going to be taken. Remind him that the school have a legal duty of care to ensure that your child is mentally and physically safe whilst in their care.
I would also remind him that racist bullying is a reportable crime.

You can then suggest your children leaving the school as a solution.

You need to make such a nuisance of yourself (in a non abusive way of course) so thatthe school will be glad to be rid of you and will offer to let you go without fees in lieu.

I suspect a bit of strong arming them about the racist nature of the bullying may help your case. If no joy from the head ask for a copy of their complaints procedure and follow that too.

You and your children should not have to put up with this!

Your contract with the school should benefit both parties. All too often the school(s) take it amongst themselves that you should be punished if you leave out of turn.

My big foot!

If my child was bullied and continued being bullied in spite of having made complaints to the school and the deputy head is avoiding me, I'd instantly withdraw them from the school. Far, far from thinking about losing my deposit and paying THEM fee in lieu, I'd be talking to them in no uncertain terms about their failure in their duty of care to my child(ren); about my inconvenience in finding another school out of turn - and that's only assuming that I'm successful; about damages and yes, about compensation.

There's a contract there somewhere, has it not, when you first signed up for your kids to attend the school?

The contracts are VERY heavily weighted in favour of the school.

I'm not clear whether you have exhausted the school's complaints process. I suspect that until or unless you do the school will dig its heels in. It may also depend on how the school is owned and managed.

I agree with PP. Go in armed with the school bullying policy. Point out that your son has been a victim of racist abuse which you plan to report. Make sure you know the complaints procedure and make it clear you're going to continue to escalate it. Make sure that it's clear you're organised and you're going to be incredibly persistent. Don't be emotional.

"The contracts are VERY heavily weighted in favour of the school."

Which in that case, makes it an unfair contract and can be challenged!

I was, as a matter of fact, advising a friend just under a year ago (Easter 2018) regarding the same subject, i.e. fee in lieu of notice, whose child decided not to start at a certain boarding school the following September. Said boarding school insisted on a FULL term boarding fee (appx £12K) - contract only says "a term's school fee" [appx £7K] - and we offered £3K plus forfeiture of deposit. But school was uncompromising and insisted more than once it was all in the contract!

I looked at all the paperwork in detail when we came home and by the time I'd finished, decided there was No contract after all. I advised friend to this effect and suggested that they should now ask for the refund of deposit instead and gave my reasons why. Soon, all the harassment stopped abruptly and they never heard from the school again. Their child now happily settled at another school and doing marvellously.

An Asian friend of mine with a son at a prep school involved the police when her son was being bullied. The school had pretty much ignored what was going on until she got the police involved because of racist bullying. This was the only thing that galvanised the school into action.

We had a meeting. We talked about the emotional harm our son was suffering.
We were clear the next incident would be a police report without informing the school first.
What they best respond to is for other schools to inform them that we are looking at places.
We have informed them of our notice and if we have to remove our son we will legally pursue our deposits and not be paying a term in lieu.
Suddenly they are all over this. They will now start working with the other family.
I feel both gutted and relieved.