Term fee after withdrawal notification to an independent school

[Meg453]

Hello there! I'm looking for some advice regarding term fee charges after withdrawing my child from an independent school. Recently, I sent an email to the school head teacher, informing them that my child will not be attending the school for the upcoming term in September. However, the school is insisting that I pay the first term fee for next year. They base this on our previous conversation, which took place about two weeks ago, where I mentioned that my child would be staying at the school for the next term. In reality, my child wishes not to stay, despite our attempts to persuade her otherwise. Nevertheless, since we notified the school before the start of the new term, we are not inclined to pay the first term fee for the next school year. However, we are willing to accept a small amount of deposit. Any advice would be much appreciated!

What does your contract say?

Usually have to give a term’s notice at private schools

Is it not the case that you would have to tell them before the start of the summer term? So the summer term is the term's notice?

Usually you have to give notice a term in advance so you would have given notice before they returned after the Easter holidays . If you didn’t do this then you have to pay the terms fees and in general independent schools do insist and go as far as court .

It is usual to give a full terms notice.
If you are really unlucky and notice is by the end of the previous term, you could find you have to pay to Easter.

As I understand it, a term’s notice is fairly standard. But Yy check your contract.

You haven't given a term's notice. To give a term's notice you'd need to have notified the school by the end of the Easter term that your child would no longer be attending after the summer term.

It's a term's notice in nearly all private schools. You needed to let them know at Easter that you didn't want the place in September I'm afraid. I'm sure your contract is clear.

OP does say Nevertheless, since we notified the school before the start of the new term, we are not inclined to pay the first term fee for the next school year.

It sounds like the issue was that there was subsequent "conversation" (unclear of whether this was in writing, formal or informal) that they actually wished their child to stay and so the notice was considered withdrawn by the school.

If this conversation was in writing and clearly said that your child was to remain at the school, I suspect (IANAL) that it's reasonable of the school to consider this as rescinding your previous notification. You can't keep changing your mind! If it was a casual playground chat, not so much.

(To be clear, I'm taking "new term" to be the start of this term, so OP did give a full term's notice. If this is not the case, then I agree with everyone else).

When did each communication happen? Unless written notice was given before the start of the Summer term, fees until Christmas are normally required. And the school can and will go after this legally. And they will win.

A spoken conversation since, especially with a child, would not count, as long as written communication gave notice at the required time in the contract and term and conditions of the school. If that didn't happen, you have no leg.

Private schools have 1 thing in common and that is that you have to give 1 terms notice to leave so you needed to give notice by the last day of the Easter holiday to not pay the autumn term
Fees.
The school has built the fees income from your dd into their budget for next year.

They can sue you for non payment and even put an order on your house when it's sold.
Give notice to leave tomorrow to avoid the Spring term fees and see if they will arrange a payment plan for the autumn term fees.

It’s almost always full terms notice; so you would have to give notice by the last day of the previous term, not the end of this term.

As PP have said, if they take this further, they’ll win.

It should have been stipulated in the contract you signed.

Nevertheless, since we notified the school before the start of the new term, we are not inclined to pay the first term fee for the next school year.

If you want to leave at the end of the summer term then you have to give notice before the Easter holidays.
If you gave notice 2 weeks ago then you have to pay until Christmas.

Is the school oversubscribed? Is your child's place likely to be taken up quickly? If so they have a duty to mitigate loss and its not necessarily appropriate for you to pay the full terms notice.

Why do they have a duty to do anything? If it's in the contract it's in the contract

As pp have said it's standard to give one full terms notice so she has to pay the autumn term fees.

She needs to check what her contract says. It's usually fairly clear when they have to give notice

Yes agree with @sodthesodoff , fees income is spent on salaries, schools have to know their income in advance of 1 term. A contract is a contract and they all stick to this.

@Meg453 unless as other posters have said, you gave notice before the start of the summer term, I’m afraid you are liable for the autumn term fees. Moreover, independent schools generally have an agreement between each other that if you intend to start a new independent school, they will not enroll your child unless the last school confirms you have paid all outstanding fees according to your contract.

It’s the norm to have to give a terms notice. So that means next autumn term for you if you’ve just given notice. It will state this in the contract you signed.
School will have made all sorts of arrangements and commitments based on the number of kids they were expecting next term. These things still need paying.
You have to pay for next term.

@sodthesodoff because mitigating your losses is a general principle of common law in this country and case law says they have to. OP is also a consumer so school cannot treat her unfairly.

If the place is not filled then she is on the hook, but if the place is filled before start of term and there is no loss then the clause is arguably a penalty and may be unenforceable on that ground too.

In OP's position I would be asking school to confirm that they have taken all reasonable steps to mitigate their loss.

Jesus. What a world we live in eh

Well the ops not been back so we can only assume she's read her contract and what she agreed to do when she joined the school.,,

Hardly. The school should not benefit with double money. They can account for their admin costs of course.

Not all terms in a contract are enforceable without regard to standard legal principles.

She’ signed a contract.
A fairly standard contract with a fairly standard practice that is common across all (?) private schools.
If it’s was actually illegal and unenforceable then why is is it so common?

Interesting.

So everyone who books an appointment, pays a deposit but then can't make it should get a refund if their space is filled

Please post a link to where this where we can read more on this.

Most school’s expect a term’s notice. Notice needs to be given before the start of a term to finish at the end of the next term. So notice given any time after the start of the summer term (or now) would be to finish at the end of the autumn term.