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Secondary education

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School fees - do I have to pay even though the place will not be taken up?

29 replies

themonstersmum · 01/09/2015 20:54

Anyone been in the same position? Or anyone with contract law experience or a school bursar?

Our daughter had (following several visits at open days) expressed an interest in attending a local private school and after an examination and interview was awarded a place. We accepted the place and paid a holding (non-refundable deposit). She then had a change of heart and refused to attend the school during the transition day in early July, choosing instead to attend a local state school which we had also applied for as a 'back up'. The private school were very helpful and arranged for her to visit another day right at the end of their summer term. This unfortunately confirmed her in her (newfound) dislike of the school and entrenched her determination not to go.

We wrote to the school at the start of the summer holidays to inform the school that she had decided not to attend. We accepted that the deposit would not be returned.

We have now however been sent a bill for a term's fees. Whilst liability for a term's fees is set out in the contract that we signed, in lieu of a term's notice, is it reasonable for them to demand a term's fees when the child has not actually started at the school?

My thoughts are that the school is being unreasonable to demand fees where they were given as much notice as possible (bearing in mind that their own application process makes it almost impossible to give a term's notice of refusal of a place as the 'taster day' is not until near the end of the summer term).

And as the school claims to be oversubscribed and thus has an entrance exam and selective interview, they should be able to find another child who can take up the place, if so, they would not be incurring any financial loss.

If anyone has any advice on whether this is a demand that can be challenged I would appreciate your thoughts.

OP posts:
GloriaHotcakes · 02/09/2015 18:01

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Toughasoldboots · 02/09/2015 18:02

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Hulababy · 02/09/2015 18:20

The "taster day" is really part of the transition process. Not to see if you like it or not. That would come from looking around prior to applying/accepting.

It is very normal for school contracts to expect a minimum of one full term's notice. If you give less notice than you pay for the term in lieu of the notice. I assume you signed a contract to this effect.

Most schools will enforce this, and many have been known to do so through courts if necessary. You can challenge it but you will have to be prepared to go to court if they so wish.

tiggytape · 02/09/2015 19:12

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