Deposit + first term fee due even if DD doesn't start due to job relocation

[Tcs106]

My DD has been offered a place at a private school in the UK, and will start school at Reception in September 2023. We paid a deposit (£2000) to secure this place last month.

The issue is that I've just been told there's a chance my job will be relocated and thus my DD will be unable to start at this school. Talk about bad timing! I will know for definite whether my job will move in January 2023.

The admissions department at the school said that even if we were to tell them in January that DD won't be attending because of my job, we would not only stand to loose our deposit but would also be liable for the first term fees! Seems a bit much especially since the school will have 8 months to find a replacement!

This is what the T&Cs say: 'In the event that the Pupil fails to take up the place [...], a full term’s Fees in lieu of notice will be due to the School and the deposit shall not be refunded.'

Just wondering if anyone had been in the same position as us and what the outcome was...

The contract will be enforced, you have to accept the terms upon which you signed up.

This is absolutely standard and you are very unlikely to get out of it.
You can try and reason with the bursar but unlikely to succeed. Worth a try though.

I that if you don't turn up in September?
Or if you give them notice in Jan as well? I guess it is to stop you accepting a place at your second choice on the off chance something better comes up.

When do you need to accept the place by?

We already accepted the place by paying the deposit last month, unaware of my latest Job situation...I understand they do this to prevent people using them as a back-up and then not turning up but I originally thought I would only be liable for loosing the deposit and not a full term's fees as well, especially since we're still very far away from the start date! Turns out I was wrong...

I do wonder how much these schools are making from parent's whose circumstances change or who decide on another school...

I'll just have to keep my fingers' crossed and pray that my job doesn't change!

It says the term's fees are in lieu of Notice.
Normally at private schools, you have to give a full term's notice.

If you find out in January 2023 that you need to relocate then inform the school at that point. even if that is after they have started the Spring term, they will still have the whole Summer term as Notice, and I think fees would not be payable in that instance.

Check with them now.

My expectation would be that if you give notice by the end of their Spring Term you wouldn't need to pay the terms fees as they are 'in lieu of notice' and you'd be giving their standard notice. But I am not a lawyer and haven't seen the contract.

I would get your employer to cover any additional costs you would be incurring . You don't obviously have to accept the relocation either.

That's what I thought as well, but after getting in touch with them about my latest situation, their reply was that: 'a term's fees would be due irrespective of any notice given for a child that does not start at the school having accepted a place'...

Yes, if the move does go ahead, next step would be to ask my employer to cover the cost or talk to a solicitor to see what can be done...

If your employer decided not to follow the terms in your contract would you think that was Ok?