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Original poster

Advice with a School fee retained Deposit - Private School

28 replies

JulianaJuliana · 26/06/2018 17:33

Hi All - question regarding withheld school fees I am hoping someone can advise me on.
My son is enrolled in a private school and we have recently (late April as we only got the school we waned on the waiting list ) been offered a place at a local state school.

The school policy regard school fees and deposits is that we have to give 1 term written notice before removing my/our child from the school.

Next term only starts at 6th of September, so in my view we have given a full 3 months notice - our email was sent at the beg of June.

What the school claims is that a term refers to a "full school term" which they do not specify in the contract. So now they have retained our deposit to pay in lieu for the next term

Would you any of you have had a similar experience, and/or could advice if we have a chance of claiming this in court?

I appreciate your help
J

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underneaththeash · 26/06/2018 17:39

It's pretty standard that you have to give a full term's notice to leave a private school. One of our cut off dates is the last day of the preceding term, the other is the last day of the holidays before they go back.

The few parents whom I know who have removed their children to go to a state school have just accepted that the lose a term's fees.

BewareOfDragons · 26/06/2018 17:40

You would have needed to give notice before the summer term started.

A term is just that; a term. It will be on the calendar.

Teachers have similar notice periods they have to abide by, it's pretty standard, otherwise schools would have a terrible time planning and filling teaching positions! They usually have to let a school know by the last day of a term if they're leaving at the end of the next term!

LadyPeacock · 26/06/2018 17:40

You will have to pay for the term. There have been other threads about this on mumsnet and all have said the school will contest it vigorously and win.

Caribbeanyesplease · 26/06/2018 17:43

The school is correct

Caribbeanyesplease · 26/06/2018 17:44

I’m baffled why you’re even confused to be honest

A term is quite clearly just that. Not the school symmer holidays

cloudtree · 26/06/2018 17:46

Of course a term refers to a school term.

BeautifulWintersMorning · 26/06/2018 17:47

"1 term written notice" means a school term. Ie. You needed to give notice before the summer term.

tickingthebox · 26/06/2018 17:48

This one is fairly well tested in the courts too, you have no chance of a positive claim - you would have to have given notice by the last day of the Easter holidays to not pay anything (so mid-april). Notice in June = Paying for the Autumn term.

sleepyducks · 26/06/2018 17:55

The school are correct.

iwantavuvezela · 26/06/2018 18:00

You would have needed to give notice immediately after Easter not to have paid for the term beginning in September.

It will be easier to think about the other two terms fees in the next academic year you have saved paying rather than the term you will need to pay.

Blostma · 26/06/2018 18:03

I'm afraid the school is absolutely right. A term is a term, not a moveable period of weeks.

Good luck in the state school though! We had to do similar, and I often am grateful not for the fees we lost, but the fact that now DD is in state school, we don't have to pay any more!

LIZS · 26/06/2018 18:08

Unless you told them before summer term started, the terms and conditions mean you lose your deposit in lieu of a term's fees. That is standard regardless of when since you told them and was a chance you took.

RainbowInACloud · 26/06/2018 18:16

Yeah happened to us and we had to pay the whole term. although I managed to get them to knock off the school meals given we had given them 4 months notice.

Cobrider · 26/06/2018 18:18

That is a normal policy and a fair one I think. Lots of people do it in the hope that they cover both options. In the long run you will save a lot of money anyway.
We did the same thing and had to pay.

abbsisspartacus · 26/06/2018 18:21

Ask them if they fill the space will they refund then? They can't get paid for the same space twice

Caribbeanyesplease · 26/06/2018 18:24

Ask them if they fill the space will they refund then? They can't get paid for the same space twice

Ignore

PatriciaHolm · 26/06/2018 18:32

How else would you interpret "1 term"?

It clearly means a school term. So you would have needed to give notice before the beginning of this term to have given 1 full terms notice. It doesn't say 3 months, it says a term.

As others have said, the reasonableness of this is generally well established. You would have to be able to prove it was unreasonable, say for example they failed in their duty of care to your child.

You could try negotiating, assuming you are reasonably confident they will fill the place...

Original poster
JulianaJuliana · 26/06/2018 18:33

Thanks you all for the contributions

OP posts:
Original poster
JulianaJuliana · 26/06/2018 19:08

I do get your point regarding the school's need for planing teaching positions/finances etc, but still think that it seems to me as a unavoidable punitive measure as most of state schools places will only be offered after the term started, or else after the notice period has passed which means that everyone wishing to move their children to the state system would end up having to pay an extra term.

Answering some of the comments above: my confusion comes purely from the fact that I am not from the Uk and therefore i) I am not used to "terms", as in my country the school year and terminology is set differently, and ii) 3 months notice there, is the usual acceptable notice for situations like this.

Again, thank you all for sharing your thoughts. Very helpful

OP posts:
expat96 · 27/06/2018 13:28

Is it normal that you forfeit only the deposit when you withdraw with less than one term's notice? I am under the impression that you are liable for a full term's fees, not just the amount of the deposit.

laptopdisaster · 27/06/2018 15:09

Yes you are likely to be liable for the first term's fees.

RedSkyAtNight · 27/06/2018 17:49

it seems to me as a unavoidable punitive measure as most of state schools places will only be offered after the term started

Yes, that's the point. The private school doesn't want loads of parents accepting places and then pulling out when/if they get a better state offer.

expat96 · 28/06/2018 14:59

it seems to me as a unavoidable punitive measure as most of state schools places will only be offered after the term started

Yes, that's the point. The private school doesn't want loads of parents accepting places and then pulling out when/if they get a better state offer.

At 11+, most state school places were offered on 01 March. With the exception of the schools with exploding offers this year, e.g., CLSG, Channing and Highgate, private schools didn't require acceptances until 05 March. OP got caught out because he got a place off the waiting list.

StealthNinjaMum · 28/06/2018 15:04

Sorry op it's painful but when you take a private school place and go on a state school waiting list that's just what happens.

Around here you could actually start at a private school, stay there for a couple of years and then be offered a place at a state school and given a week to start that state school before they withdraw the offer. If you had started a couple of weeks after Easter you would have paid for that term and would have to pay for the whole of the autumn term - so effectively two terms! I know people in this situation who have just paid.

Pinook · 28/06/2018 15:09

The contract says a school term which you didn’t give so think would have no legal standing.