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Notice period for independent school

7 replies

Outsideperspective · 16/11/2011 16:00

Does anyone know where I stand legally, if due to medical advice, I remove my dc from an independent school without giving a full term's notice? i.e. notify now to leave at end of Autumn term.

Are there exceptional circumstances where we not the school can break the contract and not pay a full term's notice?

We cannot afford two lots of school fees in January.

TIA

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LIZS · 16/11/2011 16:14

You need to negotiate with the bursar to see if you can compromise but normally you have to give notice by first day of term , ie. a full term's notice, and they can sue you if you don't pay up. They do have discretion if specific circumstances force the move (ie. SEN) but it may depend on whether they are filling the space straight away. Did you pay any deposit which might be part offset against final term's account ?

crazycarol · 16/11/2011 17:26

Agree with the above, when your dc started there you probably signed a contract agreeing to the notice. Unless there is a reason why the school cannot fulfil their part of the contract you are likely looking for a bit of goodwill on their part. Is there a reason for the move, are the school unable to provide something for your dc, or has there been an incident?

Outsideperspective · 16/11/2011 20:22

School are unable to offer the SEN support required, but deny that the SEN exists (despite paed and ed psych writing reports to the school stating dxs and what is required by dc, we have no statement), so do not need to provide the support.

Have found a shcool that are willing and more importnatly able to offer the support required.

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LIZS · 17/11/2011 08:29

Tricky one . I do know of a case where notice was waivered under similar circumstances but the move (to a state school) was by mutual consent. Child in question had a statement within a term of the move. You can but ask.

pinkdelight · 17/11/2011 09:54

Not very helpful, sorry, but surely you were planning to pay the fees for the next term and beyond before you knew this move was necessary? Don't understand why the SEN situation would mean you couldn't afford to pay up. Might the school suspect, if you're trying to avoid paying for the notice period, that the reason for the move is financially motivated? I don't know. Horrible when it's all about money. Hope you can negotiate and get it sorted though.

pinkdelight · 17/11/2011 09:56

Re-reading, I now wonder whether you're saying the new school you have found is also private - hence the two sets of fees? Sorry, thought it was state. Very tricky.

Outsideperspective · 17/11/2011 20:16

Sorry just to clarify school want my child to stay (not just due to numbers, it is currently full with waiting list), but say there is nothing wrong and the extra support is not necessary.

Found a specialist independent school that can support my child, and are willing/able to take from January.

But as current school say they can accommodate, and do not want to leave, they are saying full term's fees are payable.

Only option is if we have to pay fees is that we'd have to stay where we are until Easter. Not right for dc at all Sad

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