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Original poster

Private School in lieu notice fee dispute

16 replies

sunjie · 22/01/2022 07:14

Hi mums,

Any advice about if possible to get the private School in lieu notice fee waived in Melbourne? My son was leaving a priviate school to join a selective school through stting the 2021 VIC Selective Exam. But because world No.1 lockdowns we went through in the year, the exam was delayed three times and he finally got the new offer in December 2021. When we notified of the school so, we were billed for in lieu of notice fee. I questioned about the procedural fairness in this un-precedented COVID-19 time in which every schedule of life, study ane work had been interrupted and the evidence of damage to the school but got no avail.

Any chance to win this dispute? I can imagine how entrenched the private school sector is in the country (everywhere in the world actually), but I am still looking at avenues to challenge this injustice. Worthwhile to mention that my son's previous private school is never short of enrolments and to my view, this is double dipping and a rip-off on vulnerable parents.

Thanky you much ahead! Hope that not many families have or are experiencing this ordeal.

OP posts:
bcc89 · 22/01/2022 08:04

Despite covid, they're still a business. This could go on forever. If this was a couple of years ago, I'd say that businesses should be more mindful about the strange times we were in, but this is just how life is now, unfortunately.
I think you either need to give the contracted notice period or pay the fees.

Original poster
sunjie · 22/01/2022 10:11

Hi bbc89,

I think you are right for pointing out the reality here. Parents are paying fees to these private schools - businesses, but they are the very vulnerable party in this relationship. A big sigh!

Are there parents who have tried to fight against this? Would so appreciate to hear your experience and advice!

Many thanks ahead!

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blacknotblue · 22/01/2022 13:00

Take a look at the contract you signed up to. I suspect that there is no room to argue

AnInspectorBores · 22/01/2022 16:09

This won't be what you want to hear - and I should add the caveat that I am not in Australia - but IME independent schools will take the attitude that you signed a contract and they are a business. My school has even been chasing up historic debts from years ago as income has dropped during the pandemic.

BendingSpoons · 22/01/2022 18:18

Whilst I feel for you, the private school didn't do anything wrong and potentially were unable to fill the space because they only heard late that your DC was leaving. So I doubt they will be lenient unfortunately. I think you'll have to write this one off.

SLR2022 · 23/01/2022 11:33

Hi am also not In Australia but we had a situation where my child was being bullied at a private pre-prep and pulled her with very little notice when the school response wasn't acceptable to us. We fought them on lieu of notice term fees and even with this backdrop and legal intervention we ended up settling on a small payment. I think we would have won in court but the cost didn't justify pursing it further. Any dispute left unresolved will result in details being passed on to your next school so not sure it's worth the fight.

MrPickles73 · 23/01/2022 14:00

We had a situation during COVID and I gave a term's rolling notice so that after the first term I could pull my children out at any time and not have to pay an extra term's fees. The school accepted this.

Original poster
sunjie · 24/01/2022 07:12

Thank you very much! It is a big lesson for us to learn about dealing with private schools. Luckily, this is it. Our child is leaving the sector.

OP posts:
Original poster
sunjie · 24/01/2022 07:30

Thank you so much for sharing experience from another country! I admire your resolution on moving your child away from the problematic bully environment, even though this meant a fight with the School over the in lieu fees and an outcome of still paying money (though a small amount) to the School. I believe private schools should identify themselves and behave as educational bodies in the first place, and then as business entities. I don't think it is right just to see private schools not want to listen to parents, understand their situations and be willing to bend rules for conscience's purposes when necessary.

OP posts:
Original poster
sunjie · 24/01/2022 07:36

Thank you blacknotblue, AnInspectorBores and BendingSpoons! Will definitely look into the documents signed and gauge about how much to fight for. I am mainly not happy that the School could have reminded parents about the late-notice fee charge when knowing the Selective School Entry Exam was delayed in 2021. This was like knowingly waiting to ambush the parents.

OP posts:
onedayoranother · 24/01/2022 20:19

I disagree. It's not your schools fault the exams were delayed, and surely any private school parent knows about the notice period. It's not for them to remind you, but you to remember.

SeasonFinale · 27/01/2022 15:29

It is not their responsibility to remind you of your legal obligations. You were the one knowing that at some point you intended to withdraw your child so could have looked at the contract terms regarding withdrawal.

HidingFromDD · 27/01/2022 15:41

Based on contract law in England, and from 20 years ago so take that into account.

We withdrew from a nursery with insufficient notice (we gave 1 month, contract stated 3) and were taken to small claims. After a v long discussion (our complaint was staffing levels not maintained leading to accidents) it was ruled that, as they had confirmed that all places were filled immediately as it was ‘such a well respected nursery they had a long waiting list’ it was ruled that they couldn’t claim further as the notice period was to cover for financial loss and they hadn’t suffered any as they had full complement of children in place.

You’d need some advice to see whether that would be the case where you are though

Flatandhappy · 01/02/2022 03:22

Bottom line is a contract is a contract, contract law is pretty much the same in Australia as in the UK. I would have thought the best approach would have been a quiet word with the Head or Registrar to see if there was any leeway under the circumstances - I know both private schools my kids attended in Sydney have shown some flexibility in the past but tbh it could be as simple as their discretionary funds having reached their limits supporting families through COVID. Our termly school fee notices always had something on them reminding people about the notice period but the bottom line is by signing the contract we agreed to their terms and conditions, it’s up to the parents to remember their obligations. It sounds like you don’t have a great relationship with the school which has probably not helped. It is a pain though!

Netaporter · 01/02/2022 03:29

No idea about the agreements in Australia, but in the uk the etiquette between independent schools is that they will not accept a new pupil until the previous school confirms that their fee account has been settled in full.

HoppingPavlova · 01/02/2022 04:37

+No idea about the agreements in Australia, but in the uk the etiquette between independent schools is that they will not accept a new pupil until the previous school confirms that their fee account has been settled in full.*

They are going from private to public though, so this wouldn’t be a barrier.

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