Hello, I hope I can get some advice from a qualified professional.
Late last year we registered our DC at a nursery attached to an independent school. We happily went through the admissions process, accepting the nursery place which was offered to us for our DC on the basis of the school’s terms and conditions.
Our DC was set to start this autumn.
However, a few days ago, within the term before my DC’s entry, we were given a new contract by the group to which the nursery and school belongs. This was done rather sneakily, imo. Note: the school joined the group before issuing us with the original contract last year.
The new (group’s) contract differs enough from the school’s own contract that we do not wish to sign it. Question: can we be legally compelled to agree to the new terms, bearing in mind that they are not merely a reasonable revision of the school’s terms but a completely new contract from a different party? Owing to a clause in the new contract we would lose our deposit if we withdrew our DC before DC finished Yr 6.
Or can we state that as the school is no longer accepting of the terms that they themselves set and to which we are bound through a contract that they are in breach of contract and so we should be able to walk away without being financially penalised? I.e. losing our acceptance deposit and being compelled to pay a full term’s notice (as they issued the new contract in the term before my DC was due to enter).
Thanks in advance for any helpful feedback.