Changing schools after signing contract - help?

[Abracadabra28]

I'm overseas - signed a contract for a private preschool/primary starting in September - we have been on the waiting list since last October & offered a place about 3/4 weeks ago. We signed the contract 3 weeks ago but not paid the guarantee/deposit 3k, which will be reimbursed at the end of the school year. I did have my heart set on DS attending this school but he's changed alot (he's 3)since I initially put his name down for it. This week I went to see another school, not with the intention of moving him but we are trying to work out where to live longterm and I wanted to see all the school options - and now I think the one I saw this week is a much better fit for my son at least at primary school age.
I'm panicking because I've signed a contract with the other one - do you think it's really awful/unlikely I can get out of the other contract? I doubt they would want to pursue it legally and it seems to be a sought after school so I think they could fill the space if I try to change. I just don't know what reasonable excuse I could give.

I doubt they would want to pursue it legally

You'd be surprised. If it's a UK independent school there's a good chance they will.

Ah OK I guess that's what I was worried about. Its not the end of the world if he goes to the first one, I just don't know how to best approach it.

Schools negotiate. See if you can talk your way out of it, or get out with minimum financial penalty?

I would be highly surprised if they would pursue you! Just tell them you've changed your mind. I genuinely doubt they would pursue you. Even if they do there is no loss so no damages.

The schools I've worked at would pursue you for it.

I would also expect to have to pay the money unfortunately.

Can you start him at the first giving immediate 1 term notice so he can switch to the second at christmas. If you pay deposit for the second theyll keep the place and then if the first fills the place they may let you out of it anyway.

Well the first school is a small independent montessori, where you upon enrolment you commit to signing up for the 3 years (age 3 to 6) and you pay 3k as a guarantee which I think you get at the end. Im sure it's a really wonderful school, I researched it thoroughly. It's just that in the space of 6 months my son has turned into a very active, boisterous boy and I can't quite envisage him sitting down focusing on hours of self directed activities in the morning. I think he'd be better suited to the other one. But what I don't want to do is rock the boat if u can't get out of the first one. It's a small school, with a community feel and id rather not lose the money, just send him there and see how he gets on. He could always go to the other school at a later date. They are both great schools in their own way. I don't even know how I'd broach the conversation without leaving a bad taste.

Do you have a place at your preferred school?

No @guessmyusername but they said they have space, very small class sizes so they can accommodate

So you won't get your money back unless you stay for the whole 3 years?! What about people relocating and so on. I think you would need to check your contract but sounds like this could be tricky.

Independent schools generally have a term in their contract allowing the parent to withdraw provided they give one term's notice. If this school has such a term, you should be able to get away with paying for one term. If they don't have a term allowing you to withdraw your child at all, the courts are likely to regard the contract as unfair and hence unenforceable. I would be surprised if there is no such term.