Withdrawal from Private school

[Lsgandhi]

Looking for sone advice for notice period for withdrawal from an Independent School.
DC was due to start at prestigious private school in South London , eleven plus entry .
We received a late offer in Summer from first choice state and decided to go with it especially as the Independent school could’nt confirm ( understandably) what the situation would be from 2025.
We gave our notice in early July and they have contacted to say they will not be able to fill the space and have asked for a Term’s fees in lieu bearing in mind we already paid deposit. The most they have offered is to pay it over 12 months .
Any advice ? I have started paying back the fees in instalments while I look at options if any.
Thanks

I guess the Indies have charitable status. So can think of it as charity but rather have given it to the state school! They may have better use of it.

I guess as Indies have charitable status can think of it as charity but would rather gift it to the state school

I'd ask a friend to dnquire about school place for that year for one of their children as a way for you to assess whether there is genuinely a space (your space) there still to be filled. If the school says to her sorry all places are filled then........ I'd challenge the fee tbh on the grounds of their dishonesty

From above posts, this seems to be the case

You signed a contract I’m afraid.
it’ll save you loads over the long term

Our local school is waiving the notice period due to the current circumstances. You could always ask?

Current circumstances? You mean VAT. That is very noble of them. I have written to the head stating a) they have managed to fill the place
b) as you state uncertainty as they have themselves been writing in their correspondence .
TBH schools are unsure themselves how this will play out as in addition to VAT they are losing business rates relief amounting to half a million pounds for some schools.

I always wonder though whether schools actually take families to court over this...you could just see the headlines in some of the tabloids

Yes, it's common practice

And in all the cases that I'm aware of, the school has won.

In these circumstances, you can try negotiation (always worth a shot) or you can pay up. Or you let them take you to court over your breach of very standard and clear T&Cs of a contract you voluntarily entered and which are absolutely bog standard, where your chances of winning are uncertain (and the costs even higher if you lose)

There won't be headlines in the tabloids - there never are

Most people ( us included) would pay unless one can provide evidence of specific extenuating circumstances .

At dds old school, filling the place was irrelevant.

It might be irrelevant according to their terms and conditions but it’s not irrelevant from a legal point of view. Cancellation terms in consumer contracts need to be reasonable. The school should only be entitled to receive an amount that reflects their direct losses. If the space is filled, what direct losses do they have? Some admin time yes, but not a whole terms fees as that would mean they are getting paid twice for the same space.

Yes because surely the school would be required to mitigate their losses and by accepting another pupil they have done this. Essentially the school now has no loss to bring a legal claim.

Private schools have been doing this for years. I'm sure there are many disgruntled parents who have tried to challenge it. I highly doubt it's illegal, whatever the armchair lawyers on mumsnet try to make out.

We are just asking for advice from others who may have been through the same process. We are paying the dues while we negotiate

If nobody had taken your child's place, then they could have insisted you pay the term's notice. But that child has paid the £6000 for the term, so there's no loss to them at all by your child withdrawing.
So in contract law you see what the school's position is now and compare it with the situation they would have been in had you taken up the place. There is no difference so no loss to the school.
Ok you lose your deposit but you don't need to pay the term's notice if another child has taken your place

The tuition fee for the term is just over 8 grand plus 2 grand deposit!

We paid up when our DD decided she did want to stay at her current state school after all.

You need to pay up, probably irrespective of someone taking up the place

I’d challenge them charge for food though unless the Ts and Cs specifically state that you would need to pay for food during term’s notice if not actually present

Just heard back from the school. They have offered the place to someone on the waiting list and they have accepted. They have deducted the deposit and some admin charges but have waive off any further dues.
Thanks

this is very kind of them - my daughter's last school it was just pay the fees regardless of whether the place was replaced or not