Preschool fees - Independent school (jobless due to COVID-19)

[thusha]

Hi,

I have read the threads on independent school fees and my question is in regards to how much of my financial situation do I have to provide as I am not able to afford the fees due to unemployment from COVID-19? If I don't pay the fees, can I be taken to court?

My daughter is 4 years old, at the nursery/pre-school part of a famous independent school. We already gave 1 term notice prior to COVID-19, as my daughter will to go to a public school for Reception from Sep 2020 due to change in our financial situation that meant we couldn't afford the fees with 2 children. I emailed the school to advise that I am unable to afford the fees for summer term, which was reduced by 25% and no online/email support - just simple very basic printable worksheets uploaded online since my daughter is only 4 years. Both my husband and I have lost our jobs due to COVID-19 (without furlough as it was temp jobs). The school has asked that we complete a bursary / hardship application form which is requesting a lot of personal information and documents to the point its ridiculous - i.e. cost of our car, how much jewellery I own and other valuables, savings, full breakdown of our mortgage and property value, any rental property, etc etc. Do I have to divulge information to this extent and provide confidential documents as proof? If you can please advise where we stand legally. The school wrote to all parents threatening that legally contract says 1 term notice required so if parents don't pay summer fees then the debt will be paid to their solicitors to pursue us directly. Any advice on where I stand legally on this would be much appreciated? Do I have to divulge my personal financial information to this extent and also provide copies of my financial status (i.e. mortgage statements, bank statements, filed Self-Assessments, etc)? As I am not able to pay, can the solicitors take me to court and charge additional fees for the legal pursue ? Many thanks in advance

You need to look at your contract. All that financial info you would need to provide if you were to get a bursary as it is based on means - afraid if you want help you have to prove you need it.
Our school, I believe, has exempted the terms notice in certain on a case by case basis, as it recognises these are extraordinary circumstances.

If your child is still 'attending' the school you must pay fees. If you have withdrawn her without a terms notice then you are still obliged to pay fees and it seems they will insist you do this. Whomever pursues you for this debt will likely charge a fee too.
It's in your contract, so read it carefully.

I would call citizens advice helpline and ask where you stand (the number is 03444 111 444 - you will need to enter a landline number when you call, it doesn't have to be your number so If you don't have one, have a quick google. 020 7857 8556 came up when I had a quick look, they just use it to check your location). they are open 9am-5pm.

are you claiming any benefits? you can use this benefits calculator to see what you are entitled to, although I would wait to get advice before claiming any as I don't know if this would impact the advice they give at all.

all the best x

I presume you mean state rather than Public as public in the uk means fee paying.

If you want help with fees then yes, you need to comply with what they request and yes, you can be taken to court for them.

If you need a bursary to get the fee waiver then yes you need to complete the form. Are you entitled to the Early Years free hours. If so for preschool the cost should be reduced accordingly. Did you pay anything upfront which could be offset? Otherwise yes you will be liable.

You signed a contract with a terms notice and whilst the circumstances of why you are unable to pay are terrible but understandable, you are still liable.

The school are offering you the ability to prove you cannot pay and if they agree then they will almost certainly waive your fees and you can go your separate ways without any obligation. Unfortunately though they are not going to take your word that you suddenly can’t pay in order to do this - they need tangible proof. I would just pull everything together they are asking for and suck it up. Unless of course, on paper you can afford it as you have lots in savings, own an £80k car or have lots of capital in your property, in which case I’d just pay it.

I'd look at the contract in detail. I'm surprised they're still charging to be honest, My Prep is sending a few online videos to nursery kids but not providing a full online provision so isn't charging.

I can see your point of view op. How much are you having to pay for these few worksheets when you've both lost your jobs?

If you're not happy with the work supplied - tell the school. But for smallish children I suspect this is standard - you can't expect online lessons for a 4 year old.
You've already given notice but do need to pay for the summer term. I would fill in the form if you need a greater discount.

We have just paid £11k for our DS's last term at a very well known boarding school. He was meant to be doing A Levels! Its normally just over £13k. We did query but realistically they need to enroll him into the A Level predictions so felt we didnt have much choice.

We cannot really afford it either. DP business has been cut stone dead. Most people will take a hit on this. Online for 4 year old's is not feasible.

I think you might just have to suck it up this time and thank goodness they werent older.

Independent schools need to still work under the terms of the Consumer Act 2015, if they’re not providing the education then they cannot expect payment. It’s irrelevant what the contract says, it cannot supersede the law.
The problem you may run into, is if they do then re-open after May half term. You’re obviously then liable for the fees for that second half.

I’m not sure what I’d do personally, I’d probably make it clear that you’re aware of your rights under the consumer act and offer them a token amount in respect of the worksheets provided. You could offer to pay a proportion of the fees and withdraw from school now.

We’ve paid in full for both our prep schools, but we have a king relationship with both of them and they are providing a full day’s teaching.

Read your contract.

At least your child isn’t older and lucky you got a state school place

Have to say that for pre-school, the Consumer Act protection seems relevant, although most people will accept it since they want their child to continue at the school. You've already withdrawn your daughter though, so that doesn't apply to you.

I'd be arguing that the service isn't being provided and you don't expect to pay - but are willing to offer a good-will gesture of paying say 25% of the summer term fees: ie 50% of the half-term she's been on roll. (would possibly negotiate up a bit if my finances allowed). You would then be withdrawing her immediately - so no worksheets, not a big loss.

Be sure to mention that since you had already withdrawn your daughter, you can't be expected to pay for a service you aren't receiving in order to invest in the school's future, as the parents whose children are continuing are. (this gives a reason to treat you differently - they will be petrified that if they let you off the other parents will follow suit).

You need to phone them, rather than do it by email - but could start off with an email outlining your position and asking for a time to phone to discuss.

Fill in the hardship/ bursary forms. Perfectly standard. Nothing to lose.
Valuables in house including cars don’t normally need proof....just an estimated value. If the figures show you will struggle then the vast majority of schools are understanding and will give you a further discount up to 100%.
Worse case you could arrange to pay the 75% fees for this term in instalments.