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Legal matters

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Advice on contesting fees in lieu of notice (change from all-girls to co-ed)

20 replies

BethDuttonsBoots · 28/04/2025 15:47

Hi all,

I know MN is not a source of legal advice but I would love to hear any thoughts or experiences on my current situation.

We chose an indy all-girls school for DD as we wanted an all-girls environment. The week after the schools broke up for the summer last year, we received a letter saying the school was going to merge with its 'brother' school next door to be co-ed, the change was planned for Sept this year. (VAT forced the move.)

So, 14 months notice to move. Not ideal, but workable timelines.

However, early in the autumn term, it became clear that both school buildings were now operating as shared spaces. The doors between the schools that had been permanently locked with only SLT having keys were propped open and the kids of both sex were mixing unsupervised as the boys were using classrooms in the girls' area and vice versa.

The school said that didn't count as the lessons remained single sex.

We then found out that there were ongoing issues with sexual violence within some of the boys' year groups and we were worried that our DD would be exposed to this - a major reason we wanted all-girls was to avoid this kind of risk. I have to say nothing happened to DD, but we were unhappy with a previously all-girls environment now allowing for unsupervised mixing between boys and girls, including boys who have subsequently been expelled for sexual assault and harassment.

So we found a new school for DD and gave notice three weeks into the autumn term. She continued for the rest of the autumn term and it was frankly a shit show as the poor teachers were put through consultation, lots were laid off, it was not handled well and there were multiple cases of cover lessons with no teachers (in one of these, DD and her friends had to deal with a medical emergency as there were no teachers nearby to help), teachers were in tears in lessons etc.

The issue is, TECHNICALLY, we still owe last term's fees in lieu of notice because we did not give notice before the start of term (as we were only given notice of the planned changes after the holidays started and were assured things would remain as they were for a full academic year).

We feel that the school was not the all-girls environment we chose for our DD and the usual clause about 'given reasonable notice' of changes was not followed as the space became shared between boys and girls within a few weeks of term starting (even though lessons remained single sex).

I think the push for shared space came from the school wanting to project a functioning co-ed environment to prospective new parents but it did rather scupper our expectations of an all-girls school.

Do you think we should continue to contest the payment of fees in lieu or are we basically scuppered and need to suck it up and take the hit?

TLDR: DD's all girls school started mixing boys and girls everywhere but in lessons, unsupervised and with no notice to parents, but are still insisting we owe them a term's fee in lieu of notice as we moved her to get her away from boys committing sexual violence and harassment (not involving her directly)

Any thoughts would be hugely welcome! Thanks :)

OP posts:
FridayForever · 28/04/2025 15:52

IANAL not do I have any relevant experience, but just based on reasonableness, this seems such a big change that it ought to be OK for you not to pay the last term. But hopefully someone with actual knowledge will be along later...

Hoppinggreen · 28/04/2025 15:54

Also not a lawyer so not especially helpful but I do have some experience of Private Schools in a professional capacity and it sounds to me that its a material change.
I would suggest you focus on that argument rather than quality of teaching etc as it could be argued that its subjective

CatsorDogsrule · 28/04/2025 15:57

@BethDuttonsBoots I suggest you report your post and ask for it to be moved to Legal Matters. IANAL, but have to agree that this seems like a material change.

BethDuttonsBoots · 28/04/2025 15:58

Thanks both - that's really helpful to have an outsider's perspective as I feel a bit gaslit by the school. Their insistence that, as the lessons were single sex, the school remained single sex is driving me insane! Appreciate the guidance on material change and not subjective measures as well, thank you

OP posts:
BethDuttonsBoots · 28/04/2025 15:58

CatsorDogsrule · 28/04/2025 15:57

@BethDuttonsBoots I suggest you report your post and ask for it to be moved to Legal Matters. IANAL, but have to agree that this seems like a material change.

Thanks @CatsorDogsrule , I will do that

OP posts:
BethDuttonsBoots · 28/04/2025 19:24

Shameless bump for evening traffic ... 😳

OP posts:
Fleur405 · 28/04/2025 19:32

I am a lawyer though I know nothing specific about private school contracts. Im not giving you legal advice but on the face of it, I’d be pretty happy to have a good go at fighting them on this as it’s fairly obvious people chose single sex schools to keep their kids away from kids of the opposite sex! The specific wording of the contract/t&cs will be important though.

BethDuttonsBoots · 28/04/2025 19:37

Thanks @Fleur405 that's really helpful. I'm stuck at not knowing how much to push back, or whether it's worth paying for some initial legal advice. I think the responses on here make me think it could be worth running it past a solicitor.

And yes, we chose all-girls for the fact that it is, well, all-girls!

OP posts:
AgentLisbon · 28/04/2025 20:02

Fleur405 · 28/04/2025 19:32

I am a lawyer though I know nothing specific about private school contracts. Im not giving you legal advice but on the face of it, I’d be pretty happy to have a good go at fighting them on this as it’s fairly obvious people chose single sex schools to keep their kids away from kids of the opposite sex! The specific wording of the contract/t&cs will be important though.

Also a lawyer and I would agree with this. I think it would be a reasonable argument that not just single sex lessons but the social aspect of single sex schools would be a determinative factor for plenty of parents and that this motivated you as much as single sex classrooms. You would seek to argue this was a fundamental change to what the school
offered and not in line with what you contracted for. No guarantees but worth seeking initial legal advice from someone you can give all the details of the contract and communications around the change to.

BethDuttonsBoots · 28/04/2025 20:07

Thank you @AgentLisbon , really appreciate your response.

You’re right that the environment outside the classroom is important to us too

OP posts:
KakPraat · 28/04/2025 23:58

This reply has been withdrawn

This message has been withdrawn at the poster's request

LittleBearPad · 29/04/2025 00:06

There’s something rather Victorian about the idea of a locked door keeping the boys and girls apart!

Also NAL but if the lessons were single sex arguably your daughter was getting a single sex education even if there were boys in the vicinity.

BethDuttonsBoots · 29/04/2025 06:34

This reply has been deleted

This message has been withdrawn at the poster's request

Thank you for your thoughts but I've been careful not to identify the school/s involved - you might want to delete your post as you're using initials that might be identifying

OP posts:
BethDuttonsBoots · 29/04/2025 06:35

LittleBearPad · 29/04/2025 00:06

There’s something rather Victorian about the idea of a locked door keeping the boys and girls apart!

Also NAL but if the lessons were single sex arguably your daughter was getting a single sex education even if there were boys in the vicinity.

Yes that does seem to be the main point of contention -whether it is the lessons or the wider environment that counts as single sex / co-ed!

OP posts:
SuperSange · 29/04/2025 06:39

This reply has been deleted

This message has been withdrawn at the poster's request

Ironic therefore, that you have given the initials of the school and details of incidents, none of which the OP gave. You might need to be appalled with yourself. You e done the very thing you’ve accused them of, just to be clear. I only explain it as your comprehension doesn’t seem too good.

NerrSnerr · 29/04/2025 06:44

I’m not sure why people are concerned about the school being identified. Anyone who attends or knows the school will obviously know the the OP is talking about it so really no need for cloak and daggers.

SlagPit · 29/04/2025 06:47

NerrSnerr · 29/04/2025 06:44

I’m not sure why people are concerned about the school being identified. Anyone who attends or knows the school will obviously know the the OP is talking about it so really no need for cloak and daggers.

This, frankly.

BethDuttonsBoots · 29/04/2025 07:19

SuperSange · 29/04/2025 06:39

Ironic therefore, that you have given the initials of the school and details of incidents, none of which the OP gave. You might need to be appalled with yourself. You e done the very thing you’ve accused them of, just to be clear. I only explain it as your comprehension doesn’t seem too good.

Thanks super I am happy for people to disagree with my decisions and opinions (actually posted on here to get a range of views to inform my next steps) and I stand by what I’ve said but I couldn’t see any details of specific incidents etc in my OP (thought I was having an early morning mind fog moment!)

OP posts:
BethDuttonsBoots · 29/04/2025 07:22

NerrSnerr · 29/04/2025 06:44

I’m not sure why people are concerned about the school being identified. Anyone who attends or knows the school will obviously know the the OP is talking about it so really no need for cloak and daggers.

I take your point and parents at the school may well suspect or know which school/s I’m talking about but I am trying to avoid sharing details of specific pupils. I also don’t want to put off prospective parents who might want to enrol their DC in the new co-ed school as I’m sure it will have many good points (if you want a co-ed environment)

OP posts:
BethDuttonsBoots · 30/04/2025 10:19

Hi just in case anyone is interested, I wanted to update you. I used some of the points posters shared to write an email to try to resolve things before talking to a solicitor and got an excellent result without needing to follow up further.

Apart from being brilliant financially, it has also restored my respect for the school as their response was so reasonable (despite it taking several strong nudges to get to this result)

Thank you for sharing your thoughts and advice. While I know it wasn’t official legal advice, it did help me know how to push back effectively

Wishing you all a lovely sunny Wednesday 😊

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