Breaking contract Prep School - Advice

[Zzee]

Hello everyone,
I really need help here. Our child joined a prep school where a lot was promised to us. The school failed to deliver on that. But our main concern is that the school had terrible pastoral care because of which our daughter's mental health suffered a lot. She has now being diagnosed with selective mutism which is caused by anxiety.
Our child's class teacher was terrible. She refused to acknowledge that there was anything wrong and refused to support her in any way. She lied to us on several occasions as well. We believe that she took away opportunities from our child like being able to present in assemblies etc. She kept saying that there was nothing wrong even when the school senco suggested we get private diagnosis and therapy done (this was before her diagnosis).
The diagnosis proves that we were right all along. And we have the summer holidays to really think about how damaging the school has been on our child.
We had a meeting with the owner of the school who said that it was all the headteacher's fault (who has left now). She tried to convince us to stay but we believe that's not the right thing for our daughter.
Now they are asking for two terms fee. Because, according to their terms and conditions the one terms notice needs to be given before the last day of the previous term.
I understand it's a contract. But can we fight it? Based on how they have not been able to provide for our daughter?
Thanks.

Take the contract and informatiin to a lawyer
They can advise you

Has your child already left the school .

@Floralnomad we withdrew her last night by sending a mail, today the school opened for her. We had asked them the procedure to withdraw 2 weeks back, when they asked us to meet with the owner first.

@cestlavielife what kind of lawyer? Is it going to get expensive? We are not from the country so don't have much of an idea.

We had a meeting with the owner of the school who said that it was all the headteacher's fault (who has left now)
Eh?

If you feel your evidence can be substantiated you can try and get them to waive the fees but if they take you to court it could become very costly I would imagine . Private schools do take people to court for unpaid fees so don’t imagine they will just forget about it . It sounds like your best option may be to try and reach a compromise .

@Johnnysgirl , the headteacher left last term. So they made us meet the owner of the school. And basically she blamed all of the lack of support on the last headteacher.

@Floralnomad I am worried about the expense as well.

You are asking if the school’s actions are sufficient to allow you to breach the terms of the contract which you have agreed with them.

This is really going to need the input of a lawyer.

Unless they concede that her needs cannot be met you would need a full term's notice to withdraw. The terms would have been on your paperwork when you paid a deposit and a full term , either at end of one term or before start of one is usual. You have unfortunately missed the deadline, so notice is only effective from the next point. Your best bet is to try to negotiate with the bursar. Do you have another place lined up as if also private they may check you have cleared outstanding fees. If you refuse to pay they may pursue you legally so probably worth waiting to see before incurring legal fees yourself.

Googkee search
Dispute independent school law
Call some and ask

Eg www.ibblaw.co.uk/service/education-law/education-legal-advice-for-parents/disputes-with-independent-schools

I am a lawyer, and have seen plenty of rivals school contracts.

As you've identified, most private schools require at least one term's notice to avoid fees-in-lieu of notice being charged.

I hear that you feel the school failed on their obligations - this might be breach of contract if particularly bad, but you'd have to prove it in court which would be difficult.

Private schools vary in their bullishness to obtain fees-in-lieu - some instruct debt collectors which are hard to negotiate with.

Your best bet would be to approach the school bursar / finance director, explain the situation and hope that they offer you a compromise (they might say pay 50% for example).

Private not rivals!!

has she started at another school?

removing her from a school a week into a new school year is an unusual move whatever the history. You must have expected to pay this term’s fees so I would offer that - the school May accept fir a swift resolution?

Be careful-the lawyer’s bill might be more than two terms of fees!

I think if you are moving her to another independent school you need to be aware that Indie schools have an agreement not to take pupils from another school where fees are outstanding.I think you have to sign to say you don’t have any outstanding fees owed? I don’t think you have much choice but to either go to a lawyer or propose mediation. Or as a pp said, try and speak with the Bursar.

Are you able to demonstrate that you followed all steps laid out in the contract that you signed - ie followed the grievance procedure in full - before seeking to break the contract?

If you have not, then it is quite unlikely you would win.

Your best bet is to negotiate