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Secondary education

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Is this email legally binding?

69 replies

Everyoneiswinginit · 20/09/2018 17:25

My DS won a bursary from his school that gave him a few hundred pounder per term towards stationary, trips and study guides. I sought clarification of how much exactly he could claim from the bursary towards an expensive trip he is going on next year. I received an email from the finance department stating £300 per term(3 terms). I acknowledged the email and we planned our finances accordingly. When my son tried to claim the amount by filling out a form at school, he was told they had changed the rules and he could now only have a total of £300 towards the trip, not £900.
I have contacted the school, sending a copy of the email from them confirming it would be £300 per term. They have apologised but said the decision stands. am I right in thinking they can't do that?

OP posts:
FreckledLeopard · 20/09/2018 23:12

Whether or not it's legally binding is, broadly, irrelevant in the circumstances. Realistically what are you going to do? Sue the school? Cause trouble? If so, I'm sure they'll exercise their right to give a term's notice and ask your son to leave if you kick off.

By all means have a civilised meeting with the head teacher but I think you're realistically going to have to put up and shut up if the school won't budge. I can't see Court action helping in any way (and I speak as a solicitor).

goodbyestranger · 20/09/2018 23:18

Well basically I'm saying the same as the sensible post by FreckledLeaopard - be prepared to put up and shut up and perhaps recognise why the rules might be framed as they are (or now are). There's nothing legal in this at all.

goodbyestranger · 20/09/2018 23:20

Pidgy the post asked what the legal position was, not how to squeeze money out of the school where there's no entitlement - so being helpful doesn't come into it; I'm simply responding to the question posed by the post.

Walkingdeadfangirl · 20/09/2018 23:57

Sorry if you cant afford the trip, its not essential to pupils education, its not your money, you get what your given.

The school thought they could give you more, they figured out they couldn't. Its their money they dont owe you a penny, I would be grateful I go any of it.

Zodlebud · 21/09/2018 06:41

You could look at this more proactively. Could your son get a part time job to earn the shortfall or at least get part of the way closer? It’s a pain that they changed their mind but there are other more positive ways to address this than through legal channels.

I would be a little miffed to know that a large sum was being paid from a bursary pot for a non essential trip where an expensive birthday celebration was fully funded by the parents. Maybe the school has overheard his birthday plans?

1Wanda1 · 21/09/2018 07:01

I'm a solicitor. Whether or not what was said in the email is binding will depend upon the terms and conditions of your bursary. You need to look at those. My gut feel is that it's unlikely that it is unlikely that a bursary would be given on terms that anything said by a bursar at any time during the life of a bursary (which could be the whole 7 years of secondary school) about what is and is not covered is legally binding.

As a PP has said: even if this offer were binding, would you actually be planning to sue the school at which your child has a bursary, for a disagreement over £600 for a trip?

Namechangeforthiscancershit · 21/09/2018 07:10

you're realistically going to have to put up and shut up if the school won't budge. I can't see Court action helping in any way (and I speak as a solicitor)

Another solicitor agreeing with this. If the school agrees then great. If not you don’t realistically have any enforcement options and you need to decide whether your DS can still go or not.

The birthday thing is a bit Hmm clearly the bursary is not there so you can spend more on his birthday party (or presents or whatever)

EvilRingahBitch · 21/09/2018 07:25

Why do you say it’s “clearly a jolly” goodbye? Some educational trips just are really expensive and for all you know it might be a foreign exchange or something equally unquestionably valuable.

And even if it’s a ski trip, the OP signed her son up having been explicitly told that she’d recieve a 900 pound subsidy and planned accordingly. I agree that there are estoppel issues. Realistically you’re unlikely to want to sue but pushing a bit further seems worthwhile.

goodbyestranger · 21/09/2018 09:20

EvilRing I guess I can at the very least have a good guess on the grounds that I've organised a particular educational trip for a number of years and am aware of which types tend to cost over £900 and which don't. Also, importantly, aside from cost, the OP has said that her DS was awarded this bursary after GCSEs, only used 20% last year, and that this trip is taking place next summer ie in the summer of Y13. No curriculum trip runs in the summer of Y13 (indeed it's odd to have any trip run in the summer of Y13).

If OP copied and pasted the two e-mails in contention it would be easier to see where the dispute lies, but I don't expect she wants to.

cakeisalwaystheanswer · 21/09/2018 10:03

OP - is this a state school and a merit "bursary" intended to keep a pupil at the same school for 6th form ? or is it a private school bursary?

I know a couple of state schools who used to do this to prevent the top pupils jumping to a grammar of Indy for A levels and called them bursaries but the term is mis-used as scholarship/bribe would be more appropriate. The state schools I know have all stopped offering them because they can't afford to.

Clavinova · 21/09/2018 10:11

It sounds like a Sixth Form only bursary at a state school to me.

Have the terms and conditions of the bursary actually changed or have the op and some bod in the finance department just misinterpreted what was meant? Perhaps the school just worded the bursary terms and conditions badly. What they probably meant was £300 per term to cover curriculum based trips: field trips, theatre trips, university trips etc. If the school are running language trips abroad or a geography field trip to Iceland, then it would be worth pursuing with the Head, otherwise I cannot see how the amount (£300 per term) towards 'trips' was ever intended to be carried over to cover a single, one-off trip unrelated to the A levels studied.

Clavinova · 21/09/2018 10:12

Cross-post.

cakeisalwaystheanswer · 21/09/2018 10:16

Snap Clavinova!

State school 6th forms are seriously short of cash now and they probably just don't have the money.

goodbyestranger · 21/09/2018 10:34

Agreed Clavinova, about the possibility of mis-communication - it sounds highly likely in the circumstances. Also, for those properly in need, the 16-19 Bursary would be available at a state school. If this is a 'bonus bursary', then whether it's a state or an indie, funds have to be used properly. I'm still completely confused about what trip would take place in the summer of Y13.

Everyoneiswinginit · 21/09/2018 15:40

Hi all, you've all been very busy and thanks for your interest.

Just to clarify:
1/ State school 6th form bribe type bursary.
2/Trip is educational but optional to students taking a particular A Level.
3/ We checked if any bursary funds could be used towards the cost BEFORE agreeing he could go.
4/ DS does indeed have a part time job and is paying the majority of the balance himself. This makes me more angry on his behalf.
Waiting a call from the Headteacher.

OP posts:
Everyoneiswinginit · 21/09/2018 16:04

Also, there are no expensive birthday plans. What I said was that because we were assured we/he didn't need t cover £600 of the trip, we could arrange our finances slightly differently.
It was the school's own rule to part fund trips with bursary, not mine. So, whether you feel it's reasonable or not is irrelevant.
I have spoken to a bursar friend of mine who said she would honour it for DS as they had confirmed the amount in writing as that would be the right thing to do in the circumstances. Should have a call by 4.30pm.

OP posts:
Everyoneiswinginit · 21/09/2018 16:07

I have no plans to sue the school or go to court. Just wanted to know where we stand.

OP posts:
goodbyestranger · 21/09/2018 16:20

You used 18th birthday and expensive in juxtaposition OP.

What is the trip? Curious, because I've never come across one in the summer of Y13.

Also, your DS should have access to the 16-18 Bursary if you need the additional funds, as opposed to them merely being a nice boost to finances.

Everyoneiswinginit · 21/09/2018 16:43

goodbye I said it was his 18th birthday this month, so an expensive time . FYI this is for various reasons, none of them I'd like to discuss here.
your DS should have access to the 16-18 Bursary if you need the additional funds, as opposed to them merely being a nice boost to finances.
The bursary at DS's school IS to fund trips, pay for stationery, text books and costs incurred on uni visits and has nothing to do with parents needing additional funds. It was a reward/bribe to continue with A Levels at the school.

OP posts:
Everyoneiswinginit · 21/09/2018 17:14

Well, the Headteacher has phoned, was very understanding and agrees that as they did confirm in writing that they would pay £900 over the next 3 terms, it was their obligation to honour their word. His personal opinion was that trips/life experiences were far more deserving of their bursary contribution than piles of stationery ordered just to use up the allocated funds.
Thanks all for your input and opinion.

OP posts:
7salmonswimming · 21/09/2018 18:21

Sensible and reassuring response. Pleased for you.

JennyHolzersGhost · 21/09/2018 18:33

I suspected when I saw your opening post that this was a finance department ‘computer says no’ mentality speaking and the decision would be reversed if you got hold of someone senior who appreciated the real-world implications. Glad it worked out for you OP.

goodbyestranger · 21/09/2018 18:45

So now that its sorted, what is the trip that takes place in the summer of Y13? I'm just curious, because I've never ever heard of a curriculum trip at that time. Is it a sports trip to someone like S. Africa or Argentina?

Also, who orders piles of stationary simply to use up funds? Confused. That would take a weird mentality.

Bribes don't happen at our school. If parents need financial support they get it regardless of grades. If they don't need it they don't get it regardless of grades. It seems an incredibly dubious use of state school funds but clearly OP's school isn't alone.

goodbyestranger · 21/09/2018 18:47

Somewhere, not someone :)

Namechangeforthiscancershit · 21/09/2018 19:38

So pleased it’s sorted. Hope your DS has the best time.

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