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Original poster

Fees in lieu of notice

47 replies

Mummy2182 · 07/08/2023 15:01

Hi all,

I would greatly appreciate any advice or personal experience regarding fees in lieu of notice.

Recently, we took the decision to move our daughter to a new school, as we could see that the school was not right the right fit for her. I advised the school of our intent to pursue a place at another school close by. The other school is selective, so she needed time off to sit the entrance exam. She eventually got a place at our preferred school just 3 weeks into the new term and we immediately gave the school notice - leaving them a generous four months to find a replacement for her.

Unfortunately, the school has charged us fees in lieu of notice for the entire upcoming term, citing their policy of requiring one term's notice. Given that my daughter only attended the school for a brief period of 2 terms and the fact that we provided them with a substantial 4 months notice, I believe it would be fair for the school to show some empathy and reconsider enforcing such a high financial penalty. The is especially noteworthy, as the new school is part of the same Trust that owns and operates both schools.

In an attempt to find a resolution, I offered to make a donation to the school, which would cover nearly half of the fees. However, this proposal was rejected. I believe it is unfair that the Trust, which owns both schools, will receive double fees from us next term, but it seems that the school will not make any exception. Can anyone give any advice on what to do? This situation is so stressful and keeping me up at night :(

Thank you

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OhhhhhhhhBiscuits · 07/08/2023 15:11

Check your contract. Most private schools state you have to give a full terms notice and you failed to do it. It sucks but its the contract you have signed most likely.

ShanghaiDiva · 07/08/2023 15:12

It is pretty standard for independent schools to require one full term’s notice and will be in their terms and conditions. From the school’s perspective they have kept the place for your daughter and are therefore relying on the income from that place. The fact that you are paying for another place at a school in the same trust is not relevant: two places need to be paid for. The fact that you are paying for both is irrelevant in terms of the school’s finances.
I don’t see that you have any right to appeal unless the notice period was not clearly stated in the school’s terms and conditions. At dd’s school a reminder about the notice period is included with our termly invoice.

Bookish88 · 07/08/2023 15:12

My only suggestion would be that you pay the fees owed. You signed a contract which stipulated a full terms notice was required to terminate. You didn't give a full terms notice, so the fees are due. In all likelihood the school will continue to pursue this through the courts, so you can either try to fight them (and likely still lose) or save yourself the stress you say you're already feeling and just pay it.

LIZS · 07/08/2023 15:14

That is normal unless you move by mutual consent with a negotiated fee waiver. Notice normally only takes effect from the start of a term, your t and c's will probably specify a date ie. Before first day of a term. Did you pay any deposit to be offset against a final term's fees?

Original poster
Mummy2182 · 07/08/2023 15:14

Yes the contract does say one term's notice. I was just hoping that four months would be ample time for them to find a replacement and that they would show some empathy :(

OP posts:
Whinge · 07/08/2023 15:16

My only suggestion would be that you pay the fees owed.

I agree with this.

Hoppinggreen · 07/08/2023 15:16

Unfortunately they can and will enforce the contract you signed

LIZS · 07/08/2023 15:16

Each school is a business. They may be under the same trust but often that is an umbrella only, not part of the day to day running.

NancyJoan · 07/08/2023 15:16

You should have given notice before the start of the summer term.
Will the new school hold the place for her until January?

frootito · 07/08/2023 15:16

It's a business though isn't it. I think it's to be expected that they hold you to the terms of the contract just as you would hold them to the same. You wouldn't allow them to remove your daughters place without notice would you.

Labtastic · 07/08/2023 15:17

It's a business. They need to cover their costs and you didn't give the required notice. Empathy doesn't really come into it I'm afraid.

Dragonwindow · 07/08/2023 15:18

A contract's a contract. Don't sign legal paperwork if you're not happy with the ts&cs 🤷‍♀️

OhhhhhhhhBiscuits · 07/08/2023 15:18

Mummy2182 · 07/08/2023 15:14

Yes the contract does say one term's notice. I was just hoping that four months would be ample time for them to find a replacement and that they would show some empathy :(

They are a business. They can't afford to show empathy as every other parent could then say we'll you did it for XXX so why won't you do it for us. And then no one would pay any notice.

Original poster
Mummy2182 · 07/08/2023 15:20

LIZS · 07/08/2023 15:14

That is normal unless you move by mutual consent with a negotiated fee waiver. Notice normally only takes effect from the start of a term, your t and c's will probably specify a date ie. Before first day of a term. Did you pay any deposit to be offset against a final term's fees?

Yes we paid a 1k deposit which they have taken off the invoice, but they have also increased the fees for next term too. Doesn't seem like we have any choice but to pay this. It feels like such an injustice, we'll lose thousands of pounds for absolutely nothing. I can't believe it :(

OP posts:
Whinge · 07/08/2023 15:22

It feels like such an injustice, we'll lose thousands of pounds for absolutely nothing. I can't believe it :(

You decided to go down the private school route, and it was your decision to move schools. 🤷🏻‍♀️

hockeygrass · 07/08/2023 15:25

As has been stated before on MN every private school has 1 thing in common which is 1 term's notice to leave a school. So for example to avoid the autumn term fees you have to give notice by the last day of the Easter holiday in April. The school needs to know their income in order to budget for the upcoming term. They will let the new school know if you have outstanding fees due and you won't be able to start at the new school.

iwasthewalrus · 07/08/2023 15:26

I can see why you feel hard done by here. It sounds like you gave notice at the start of May? Thinking it’s 4 months until September. But because the notice period is a FULL term, this means you need to pay for the autumn term too so you’re having to pay until Christmas?

As others have said, this is a fairly standard clause at independent schools and fits with teacher notice periods too. So I think you’ll have to pay it but I can understand that why it feels like a lot.

belladonna22 · 07/08/2023 15:28

@Mummy2182 before you applied for the new school, were you aware of the deadline for giving notice? Did you have any prior conversation with the school about the possibility of withdrawing? As others have said, the school is entirely in its right to enforce its contract with you, but if you were hoping for any leniency or discretion it may have behooved you to be proactive in your discussions with the school, rather than deciding you want to withdraw three weeks into term and then hoping the rules don't apply to you.

If a school were to show empathy when it comes to such matters, I imagine it would be when empathy were truly warranted (ie the death of a parent resulted in an immediate move or withdrawal), rather than "empathy" for parents who want to move school but can't coordinate the move in order to give notice in a timely manner. It sucks, and if I were you I would also be annoyed at wasting the money, but ultimately it's you being unreasonable in your expectations, not the school.

Original poster
Mummy2182 · 07/08/2023 15:29

iwasthewalrus · 07/08/2023 15:26

I can see why you feel hard done by here. It sounds like you gave notice at the start of May? Thinking it’s 4 months until September. But because the notice period is a FULL term, this means you need to pay for the autumn term too so you’re having to pay until Christmas?

As others have said, this is a fairly standard clause at independent schools and fits with teacher notice periods too. So I think you’ll have to pay it but I can understand that why it feels like a lot.

Thanks for understanding - yes it was the beginning of May so a long time for the school to plan.

OP posts:
LIZS · 07/08/2023 15:36

Thanks for understanding - yes it was the beginning of May so a long time for the school to plan. So only about two months of active term-time. If they have a waiting list you might have a point, as there would be no "loss" but otherwise they can and will hold you to the letter of the contract and yes that may mean mentioning any fee debt to new school.

anotheropinion · 07/08/2023 15:39

Mummy2182 · 07/08/2023 15:20

Yes we paid a 1k deposit which they have taken off the invoice, but they have also increased the fees for next term too. Doesn't seem like we have any choice but to pay this. It feels like such an injustice, we'll lose thousands of pounds for absolutely nothing. I can't believe it :(

Show quote history

Don't think of it as thousands of pounds for absolutely nothing. You paid for the peace of mind of keeping her school place absolutely guaranteed until you had the new school place in the bag.

You could potentially have given notice a month or so earlier and paid a term less. But you would have been taking a risk that your daughter would be without a place in September. You made sure that risk wasn't there for your daughter. But it cost money to do that.

SusieKin · 07/08/2023 15:42

Have you explained what has happened to the new school? I have heard of instances where schools have not charged or reduce the fees for the term in which you are still having to pay the previous school.

Original poster
Mummy2182 · 07/08/2023 15:47

@LIZS they have at least one new girl starting so they won't have a 'loss'

@anotheropinion thank you for helping me to see this another way - I really appreciate that

@SusieKin I hadn't thought of this, but I think it's worth telling them to see what they say - thank you for the advice

OP posts:
Careerdilemma · 07/08/2023 16:02

Some schools have wooly wording in their contracts which would allow you to argue that a whole term's notice would mean just the first two weeks of the new term so a full term in total IYSWIM.

Araminta1003 · 07/08/2023 16:12

Can you find out if they replaced your daughter and another child is starting in the same year/same class? Then you might have a counter claim.

Private schools get away with this all the time and often they do get double the fees, if another child starts, especially at the start of the new year. Often they will claim the terms are there to protect their general business and lots of kids leaving across the business which always happens.

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