Fees in lieu of notice

[Mummy2182]

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

We actually started my daughter in January in her new school for this exact reason. School fees are a stretch for us, so couldn't loose a whole terms fees. We were offered a place late, and excepted it on the basis of starting a term late. She settled in fine, no issues at all and actually quite liked all the attention of being new!

OP also reread the detailed contract with the new school. In England, the etiquette between some independent schools is that they will not accept a new pupil until the previous school confirms that their fee account has been settled in full. So be careful, especially if in the same trust. If the former school has replaced your daughter’s place specifically for a September start then they are enriching themselves somewhat charging double so find out if you can and try and settle minus reasonable admin/admissions costs for finding a new pupil.

Sounds like an unfair contract term. Some notice is reasonable - a school term is usually six weeks, even a traditional Summer/Autumn term etc is no more than 12 weeks. Four months - 16 weeks or so is more than enough for them to replace a pupil. I actually doubt a court would uphold it. Just because a business puts a term into a contract doesn't mean it is enforceable.

This is a recent Aussie case but same legal system so courts here may consider it.

https://www.lexology.com/library/detail.aspx?g=4572cac4-e646-410d-89cc-5d6efdcf5a5f

Anyway, I think it's worth paying a couple of hundred quid to a solicitor to advise you - might save you thousands, or at least you will know either way.

@floribunda18
a school term is not six weeks.
OP has admitted that she was aware of the notice period and had entered into a contract with the school. As the school is part of the same trust it would have been wise to clarify the fee situation prior to moving schools.

Private Schools can put a claim on your house when it's sold if you fail to pay fees.

You can't possibly know they won't have a loss. What if another pupil also gave notice and the new joiner filled their spot?

I know

The Aussie case is irrelevant here.

Yes, some parents have tried taking schools to court over this and they lose. A term's notice has been repeatedly held to be fair (and it is a term's notice, not a period of weeks equivalent to a term, not least because that's how school budgets and teacher contracts run)

And with COL crisis, there's no guarantee they will get a new pupil - anecdotally rolls are more likely to be falling (also, depending on DD's age, it might be a lower birth rate year which makes keeping sufficient numbers even more challenging).

You signed up for this and chose the insurance of staying put. I’m really not surprised.

Don't sign contracts you don't want to stick to.

Agree with @meditrina

I know someone who had to pay two terms at different schools, the first school promised the world and didn’t deliver on it and the parents still had to suck it up.

It’s unfortunate but take “private school” out and replace with another significant payment such as Mortgage/Loan/divorce settlement and you need to follow what the contract says. Sorry as it is a bummer for you

It does feel harsh but it sounds like they can enforce the contract term. It doesn’t feel that reasonable of them though given the circumstances. I think the best you can do is try and change your mindset and see it as insurance incase the other school didn’t offer a place but it is an expensive undertaking you’ll probably kick yourself for for years.

You will be contractually obliged to give a full term's notice. For the Autumn term fee not to be legally due, you have to give notice before the last day of the Easter holidays. You gave notice 3 weeks into the summer term so the Autumn term fee is due and you have to pay it. Offering to "donate" less than the amount that you legitimately owe is lunacy. You owe the full amount.

This. Look at it like this otherwise you'll end up crying over thousands 'wasted'. It's how much these things cost unfortunately. Education is a big business.

You’re only seeing it from your POV.
The loss of a student might not just be the loss of their fees for a term but for the whole period of time they could have been in the school….often several years. It is a big potential loss to the school. Teachers and other resources will have been contracted based on numbers of students and costs incurred that the school can’t avoid.

Remember they don’t just offer you a place for a term but for the whole period of your DCs schooling and the school have to plan ahead. This could involve things like expensive capital projects, hiring of staff and other expensive, long term financial commitments for the school.

A term of fees for many parents is a lot of money. If you end up paying it at 2 schools at once, it’s clearly a lot of money. But as others have said, it’s a legally fair term, schools have been successful in court in arguing this, and you knowingly signed up to this term. You signed a business contract and to be honest, when you say you’d like some empathy, you mean you want them to let you off your financial obligation and bear the costs themselves. But why should they? And it’s not just about the money, but it’s about establishing a precedent and current and future parents understanding that they can’t be flakey and withdraw their children without due notice without a significant financial hit. If this didn’t exist, parents would be withdrawing students all over the place on a regular basis. This not only has a financial consequence for the school, but for the educational experience of the children too….uncertain and fluctuating classes isn’t good.

So essentially, it’s a term that isn’t really about you and your situation and the school in a macro level isn’t interested in showing you empathy or bearing your costs, but protecting themselves. And as a current or future parent,you’d be glad your child is going to a school that dos this and puts the school and it’s future ahead of funding those who’ve chosen to leave.

In this situation, all you can really do, is very politely ask again for them to reconsider if the fees can be reduced. Don’t be aggressive, demanding or critical but simply ask and acknowledge they aren’t required to do this for you. And you might find you get some kind of reduction…..or not. Accept it and move on.

There are a number if threads about this kind of thing…..people who have signed contracts which committed themselves to various payments, who then want to break the contract but avoid the payments they committed to. Often people talk about wanting empathy or sympathy, or greed of the firms enforcing the terms, or financial difficulties they will find themselves in if they pay. There seems to be a combination of failure to understand that legal and reasonable co tracts commit people, and that it isn’t possible or right to try to wriggle out of such financial commitments which have been made, to the detriment of the other party.

I don’t really understand why people sign contracts covering multiple years of schooling without fully understanding the terms. Every year people have accepted a place and paid a deposit for a school they don’t really plan to go to. When they are then told they owe a terms worth if fees, they are outraged and sure it’s illegal or immoral. Why? Every year, there are threads about parents who give notice after the deadlines and then think the term of fees requested is unreasonable, unfair or illegal. People are either a bit daft and don’t do due diligence I r eating and understanding the terms, or simply think these things don’t apply to them and there will always be a way out. To be honest, people have to take responsibility for contracts they freely and willingly enter into.

Why can't you believe it? You signed the contract. It's pretty standard.

Why do you think they should bend the rules for you?

Consider it too, from the point of view of remaining and future parents. Essentially, if the school let those who break their contract off the fees in lieu of notice, it is the existing and future parents who see the consequences in their future fee bills.

As you start at your new school, you really would like to think that the bursar is managing the finances well. That includes ensuring current customers pay their fees and meet their contractual obligations. You’d want this new school to do that so you are protected and the school is financially secure….however, as someone leaving another school, you want special treatment, only thinking bout the impact on yourself, not the school or the other parents. When you think about it more, you can see why the rules you agreed to have to be applied consistently.

It’s standard, with an independent school, for the notice period to be a term’s notice. So if you didn’t give the first school notice, in writing, by the last day of the Easter holidays then you are liable for the fees for the first school until the end of the Autumn term. It’s written into your contract with the first school. I genuinely don’t understand why you think the contract that you signed doesn’t apply to you.