Any contract lawyers out there? School fees issue.

[ForgottenallthelawIeverknew]

A quick question about private school terms and conditions...

It is pretty common for private schools' terms to say that notice that a place will not be taken up must be given by a particular date or a full term's fees will be payable.

In our case, we will not find out whether DD has got into a local state school until the day after the notice deadline for the private school. The private school's cut- off date is later this month, so a long time before the start of the school year. I know that they have a waiting list for places and so there is a fair chance that if we withdrew soonish after that date the place would still be filled.

Am I right in thinking that if our place were filled by someone else in time for the start of the academic year, that clause would be unfair - i.e. a penalty and therefore unenforceable? I can't see how a full term's fees would be a genuine pre-estimate of loss. They already have a large deposit, btw, so unless they are using gold plated type-writers I believe their administrative expenses are covered!

Thanks

I tried a state school Forgotten, it's not always greener on the other side. I put him back into a private school, I really wish I hadn't have moved him.

You must have your reasons for even walking through the doors of a private school in the first place, is it really a dilemma ?
FWIW mine started at prep school, I picked the wrong one it was rubbish, put them into state for 4 years, seriously regretted it for DD2 especially and now they are back in private I would seriously sell DH's ass to keep them there, we'll have to go back to state because DD1 is adamant she wants to study certain subjects only offered at the Grammar but DD2 and DD3 I would very much like to stay in the private system.

Oooooh - looks like OFT might consider it unfair but I guess it would still need to be challenged in court.

If I am turning green at the thought of throwing away a couple of grand I am unlikely to put my savings towards a legal fighting fund for this though!

Are you sure you want them to move though? IME, schools won't have them back once they have been removed. Ds was badly bullied in the state school I moved him to, it ment diddly squat.

Just give them notice on the very last day and then withdraw it when you get the letter from the LEA, it won't cost you a penny.

Forgotten - the usual penalty clause in these circs is that they only charge you a term's fees if they don't fill the place - are you sure this is not the situation?

If not, I guess you could send them a letter and it could arrive a day late. Maybe ...

It is a dilemma, though. We have some great state schools in the area. The problem is that we live, oooh, 0.3 of a mile away and so are unlikely to get a place. The private school is lovely but I really like our nearest state school too. And this kind of money per child for PRIMARY school? Makes me feel a bit ill.

No, unfortunately it doesn't say that Quattrocento. That would definitely be fair. It's the idea that they recover a contractual loss they don't even have that I find hard to swallow.

It costs more for a private secondary, I've seen the grass on the other side, in ds's first week he was playing a game with a group of children who were wrapping up flowers with leaves and pretending to sell them as cocaine , then the bullying started, not to mention the bordom as he's 4 years ahead. I'd pay 10k a year not to send him back here!

They may have a waiting list now but presumably some of those will equally be hedging their bets and not take up a place if offered subsequently. Your gripe should be aimed at LA not the private school. It is a standard T and C to have to give notice at start of summer term for September. You could chance them not pursuing you and risk losing only your deposit but in htis climate I wouldn't .

some of the deposits are ridiculous. At DS1s sixth form where he started last year it was a 1k deposit which is refunded when he leaves.

DD2 is due to start at her school (in the Middle East) in september. There is a non-refundable assessment fee which at todays exchange rate is around 95GBP just for them to look at her for an hour!

Before she starts, we have to pay a book deposit which at todays rate is around 200GBP and then a further 150 (approx) the following year. This is refunded when she leaves. There is also talk of a 'seat' deposit to guarantee her place term to term which is around 75GBP. Sadly we have no choice as it is the only school here but I'm seriously considering returning to the UK and putting her in the local state school.

I've had enough of private schools, bloody stupid money given the current economic situation. DS1s school have just increased their fees by 1,125 per term but we can't pull him out as he is halfway through his A levels

Please think carefully before you start off with private education as its very hard to pull them out.

OP hope you get everything sorted