School fees notice issue

[clarabezant]

My son was at a private school last academic year which requires kids to get A or higher in any GCSE subjects they plan to take for A level. He didn't get the A's he needed. So the school said he isn't eligible to stay for 6th form in his chosen subjects and they offered him 3 other subjects instead but he really doesn't want to study these. He wants to continue with the subjects he originally chose. So we decided at short notice to move him to another school. The school he left is now saying we owe them a term's fees because we didn't give a term's notice. Now my son's GCSE predictions were reasonably good and we had no idea that he wasn't going to meet the school's entry requirements for 6th form. He didn't get his GCSE results until a few weeks ago. How could we possibly have known we'd be in this situation at the end of last term, i.e. before he got his results. Should all parents except the most confident about their childrens grades, maybe hand in their notice at the end of the previous term, just in case their child doesn't do as well as expected? This would be absurd. Also, once notice is given, wouldn't it also mean that your child couldn't stay on at the school even if they did get good enough grades? Can anyone advise ? Legal advice is very expensive and with this (invariably) huge bill hanging over us I don't think I can take that route.

You could argue with them that they are effectively excluding him from the school with their policy, and, in light of his predictions, it would be unreasonable for the court to enforce this notice penalty clause.

But they are offering a place on different subjects. Was he predicted As in the three he had chosen but achieved none of them?

That is ridiculous.

The private school Ds used to go to explicitly stated that notice periods don’t apply for the transition into 6th form when it’s dependent on GCSE results.

Thanks so much for feedback so far. Interesting that for one school at least notice periods didn't apply for transition to 6th form. That's how it should be always. My son missed an A in one of his A level subjects. Another subject he'd listed they advised against as, in the light of his GCSE results, they decided it wouldn't be suitable. So he was given 2 subjects he didn't wan't to study (and never has !) he was only ok to continue with 1 of the 3 subjects he took for GCSE. It seems crazy to me. I am concerned about getting into a long legal battle I can't afford
.

I don't know where you legally stand but I would be really cross they felt they could ask you for the fees when it was their own policy stopping him attending the sixth form. There is no use him staying on to take subjects he doesn't want to do and he doesn't enjoy so naturally you were going to have to move him when they said he couldn't do the A levels he wanted to do.

I would look into your contract and see if there is anything listed about the move to A-levels. I would also be discussing this with other parents as you are unlikely to be the only one in this position. Maybe they have spoken to someone with more knowledge on the subject and could help you understand where you stand legally?

I think your first move is going through the contact you signed with the school- with a fine tooth comb! I’m not legally trained at all, but I guessing if they say it in there, you may have a fight on your hands.

However, I totally agree with you.

Well I suppose they are offering him the opportunity to continue at the school, not with the "options" he would like.

I've just looked at my contract. We would have had to give notice at Easter (well before even sitting exams, let alone not getting good marks).

The only time they let me of one term's notice is if my DD gets excluded!

Something we'll have to bring up/clarify when we are closer to GCSE's I think.