Leaving school - contract advice?

[Parsonsred]

Bit of an odd situation I think, but due to the VAT being added onto fees we are moving our DC to a state school, they are currently in their second year of nursery at a private school. All terms and conditions state we need to give 2 terms notice (which we have) and in the contract we signed it also states 2 terms notice however it also makes reference to an acceptance letter. The acceptance letter says 2 terms notice but they've also added at the bottom that we need to give 1 year and 7 months notice or we will be liable for half a years worth of fees. They are saying to remove him at the end of his notice period we have to pay half a years worth of fees and lose our deposit (and he also can't keep his place in this time).
It feels very underhanded that in multiple places across their website, terms and contract it states 2 terms notice, we are going to be seeking advice from a solicitor but does anyone else have any advice?

What has the school actually said about it? You are bound by the terms and conditions so if they say two terms, then it should be two terms (which is already quite a long notice period). Perhaps you've misinterpreted the reference to 1 year and 7 months.

It states everywhere 2 terms but in our acceptance letter they stated we have to give notice within 6 weeks after he started the nursery (he started in January) if he wasn't going to be attending the School next September, which would make the notice period a year and 7 months. They're therefore saying we have to pay half a years worth of fees by the end of this term for the school place he won't be taking up. It doesn't state this in the terms and conditions or our contract it's just something they've added into his acceptance letter which is very weird.

That still doesn’t make sense. Perhaps you could state what the clause says verbatim. Also, have you spoken to the school about this? Perhaps you should first confirm what they consider your obligation to be.

It's two terms notice at our school but having to give more notice if they're in nursery but won't carry on to reception has rung a vague bell with me. Have you spoken to the bursar directly? If not I'd make an appointment to meet with them and explain the situation, especially the bit about the contract stating two terms notice. Unless the school is struggling for numbers it's surely not too late for them to fill a reception place for Sept 2025 so hopefully you can appeal. Good luck.

Yes we emailed the school his notice (which we believed to be two terms) and they replied to say "In accordance with the offer letter, as notice has been given after the February half term 2024, I would like to just highlight that the fees for the first term of Reception are therefore due in full by the last day of this term"

DC started in January, so the February half term was around 6 weeks after he started and a full 1 year and 7 months before he was due to start the school. We've replied to say that the contract stated 2 terms notice and are awaiting a reply but think they will try and hold firm on us paying the fees.

Even if they fill the place they will still state his fees are due as they don't work on a place for place basis.