Independent school fees liability before starting without contract

[Nowanextraone]

To cut a long story short, my (SEN) son was going to attend a very small independent school starting September 2024. The school then had OFSTED and we were told he wouldn't be able to start at the school as they couldn't take new pupils due to the poor ofsted results.

Then they offered him a place at their 'sister school' which we accepted (verbally) due to lack of other options. A month ago they then announced this sister school was actually closing 🙄 but he could join the original school as ofsted didn't ever say they couldn't take new pupils so they assume they can...

He has been for a taster day and he enjoyed it but they have now said they're moving this school to the site of the sister school (the school that is closing down). That pretty much was my final straw. All these changes and lack of stability do not fill me with confidence. The 'lead teacher' also resigned with stress.

The only paperwork I have completed is an application form many months ago which was when the school was going to be at it's original.site (if that is relevant legally). The application form says it is only an application and not an offer of a place. I have never had a formal offer of place, never signed a contract, agreed fees or days (it is a flexi school so not all children go full time).

However, the application form says the following under where it also states this is just an application form and not an offer of a place. I did sign these 2 points though (months ago, before several of the changes).
:

I/We understand that agreed fees are to be paid in full by the first day of each term unless by prior arrangement.

I/We understand that 1 full term’s notice is required for any pupil leaving the school.

I am worried that if I now say we won't start at this school in September that I am somehow tied in to paying the fees for the first term even though we haven't started and I haven't signed a contract or agreed fees etc.
I haven't signed anything else, no contracts or anything, but at this point, I assume they think he is planning to start with them in September... it is SO disorganised that I reckon if I never contacted them again that they probably wouldn't contact me (!) but I just want to know I'm in the right before I do make contact to say he won't be starting.

Thanks

A contract can exist even if it isn't written down. I don't think there is enough here to say whether you have a contract. If you want certainty, you will need to get a lawyer to review all the correspondence to see whether there is a contract and, if there is, whether their behaviour amounts to a breach of that contract, thereby rendering it unenforceable.

My DD started at an independent school last september. There were two stages to the contract - first a deposit to secure the place, which I would lose if I didn't take up the place between accepting and signing a fees contract, then a formal and much lengthier contract to sign for the fees which bound me into paying a term's notice to withdraw her. I had to sign that fairly promptly after accepting the place, so IIRC I was committed to the first term's fees from about May last year but didn't need to start paying until September.

Your school does sound very disorganised but hopefully they have some sort of similar process that will help you retrace your steps ie they've not yet gone through their normal contracting process whatever it is.

In my experience of this sort of thing you're best off trying to sort it out now rather than not contacting them as probably a bill will materialise at some point which you'll then spend your life disputing!

Haven't you asked this elsewhere op? You have no obvious contract at the moment. Decline to sign if anything appears.