In lieu of tuition fees

[bmg1404]

I'm looking for some perspective or support regarding a situation with a private school in Scotland.
My son, who is autistic, was due to start at this school in August 2025 for his fifth and sixth year. He was excited and really uplifted when he got his place — it gave him a real boost during a tough time.
However, at the start of 2025, he began experiencing significant and unexpected mental health difficulties. He sought professional support from a psychologist, things were positive and he was coping well for, however after finishing his National 5 exams in May, he experienced a complete emotional and physical collapse from the stress and overwhelm.
He made it very clear — and I completely agree — that going ahead with the move to the new school would be a terrible idea for his wellbeing. I’ve informed the school accordingly and understand that, from their point of view, I’m in breach of contract as I did not impart this to them on the first day of the summer term (because all was fine then).

But I can’t help but feel it's incredibly harsh to be penalised for something entirely out of our control. There was no way to foresee this, no warning signs, no indication that things would unravel like this,it all happened very suddenly, and I genuinely couldn’t have had this conversation with the school any earlier.

I do understand they’re a business and have financial considerations, but the lack of any flexibility or acknowledgment of exceptional circumstances feels really one-sided. It’s just a very tough situation, and I wonder if anyone else has been through something similar or has any advice.

What exactly does the contract say?

A terms notice is standard. From the schoolys point of view the didn't forsee this happening either. It's on you to take out fee insurance for scenarios like this, there are different kinds of policy and many cover pupil absence, if unable to attend.

Is it an oversubscribed school, if so you could ask them to show goodwill and refund if they fill your son's place. If it's under subscribed then the school can't refund you as they won't fill his spot and have lost income.

By accepting the place, you accepted that you were liable to give a term's notice of removing your child. It's harsh but you signed the contract agreeing to the notice period. I have been on the school's side of your scenario as an employee and you accepting a place in our school meant that another child couldn't be offered a place.

It's not your fault. It's also not their fault.

I'm sorry that your son is struggling

Thank you for the replies - there is a Force majeure clause at the end of the contract which applies to my situation . My son nor I could have known that this would occur , all signs up until the 07/06 were positive re his attending so letting the school know on the first day of the preceding term would have proved impossible .

I see their point of view completely and I can see why the contract is so weighted commercially in their favour as people must change their minds all the time

This situation wasn’t a whimsical change of heart this was a rupture in a commitment my son fully intended to keep and it has left him
feeling sad (and me too)

hopefully if required the psychologists notes will provide further context

"...you shall not be responsible for failing to perform your obligations (including the obligation to pay fees...) during the continuance of the event."

I wondered if the Force Majeure clause worked both ways, in theory it can as in a pandemic situation where the school is protected from liability because of events outwith its control.

However in my situation this clause specifically addresses the parent’s obligations if your child cannot participate due to an event outside your (the parent's)control, the clause protects me .

If the clause were to protect the school , it would state something to the effect of 'despite your circumstances we have made provision for your child's education and will hold you liable to pay for those' it doesn't.

I am not trying to get away with anything here, I offered the school a non refundable deposit (to me) for a place for my son in 6th year. If I have to pay a level of penalties that is reasonable I will

For some context - schools have enforced the term's notice in cases where primary school children have been diagnosed with cancer.

They will insist on you paying it

Force majeure probably doesn't apply here it's for things like natural disasters war, riots, pandemics or death. It is unlikely a change in individual circumstances or health would be consider FM, you'd be expected to have your own fees insurance for this scenario. Force majeure clauses are often explicitly defined in the contract, outlining the specific events that would trigger the clause. If it says 'grave personal circumstances' or something along those lines then you might be onto something.

Perhaps consult a solicitor?

I'm sorry your son has had such a difficult time. Private schools are a business and their contracts are there to protect them and won't be weighted to the consumer.

thanks, yes you are right on further investigation. There's also the possibility that because the withdrawal was largely if not wholly underpinned by my son's condition , to penalise us could be seen as discrimination

omg re the cancer post , wow that's unbelievable ..apologies I don't know how to reply directly on this forum

This

Maybe have a consultation with a lawyer to see if there is any scope for arguing frustration of contract, but I’m not convinced

Wow, that’s unbelievable. You would think even a business could offer goodwill given those circumstances. I understand it’s easier to have a black and white line though