Dulwich year 9

[dutchschool]

Hello Moms, need advice. My son got into Dulwich and we paid deposit. we live abroad and due to the covid situation we can not return back to the U.K and lost jobs to top it up with. Is it normal for School like Dulwich to threaten us with legal action if we can't afford the fees. I have explained them the situation but they are being so business minded and asking us to pay half the term fees after we withdrew the application. Didn't really expect Dulwich to be so cut throat. please advice what to do or has anyone else been through this situation?really appreciate it.

They obviously have a waiting list and kids will be desperate to take the spot.

I suspect you are contractually obliged to pay a term‘s fees in lieu of notice. So they may feel they are being generous dropping this to half a term‘s fees.

But I agree there will be a long waiting list for a Y9 place at Dulwich so they are unlikely to suffer any actual loss - other than admin fees- for your DC dropping out. I might go back and ask - nicely- if they could take another look at this given the circumstances. You lose nothing by trying.

But the bottom line is that if you sign a contract schools can hold you to it.

Yes every private school in the U.K. is the same, you have to give a term's notice and you are lucky they have reduced it to half a term. Schools are businesses and they need to know their pupil numbers so they can balance the books, there may be a waiting list but the system wouldn't work if everyone started making changes in late June etc.

Thank you Bloomsbury who knew that these circumstances would arise and we did ask them nicely to let go considering the situation but they are so commercial. This is the problem with private schools, for them education doesn't matter. it is the money they are after .

This is the problem with private schools, for them education doesn't matter. it is the money they are after

Have you just realised this now?

You could try arguing a combination of 2 points.

1. The clause requiring payment of a terms fees is in effect a penalty clause as it does not represent their actual loss (ask them for proof that they will lose a term’s fees as a result of your son’s withdrawal). Penalty clauses are unenforceable as a matter of English law.

1. They have a duty at common law to mitigate their loss from any breach of contract. Ask them whether they have filled or will fill your son’s place. If so, they have mitigated their loss. Hence the clause requiring a term’s fees does not compensate them for their loss (which doesn’t exist) but is there to penalise you.

Nimbuscloud , no i havent realised this just now. Like all other parents we want the best for our child. Anyways i am only asking for advice.

They don’t necessarily have many kids seriously on the waiting list at this point as many will have paid a deposit somewhere else and be committed to a terms fee, possible have bought uniforms and have started the induction process.
You could try and defer it maybe ?

If they are not holding you to the full terms fees (which is the norm) you have been lucky to find a school that is not cut-threat.

They will not necessary able to fill the place, as all the waiting list churn will have settled by now and those who were WL will have accepted other places by now.

The fairness of the terms notice has been though court a good number of times and upheld. Dulwich have halved what they could have insisted on

We are moving back to London this summer and really need a year 9 place in any school. In fact applied to Dulwich and we’re told they were full. We will take it!

@dutchschool, Dulwich only asking for half at this point in the calendar is more than compassionate, most senior schools would hold you to 100% until you gave notice.
Fees were not set in concrete til after Easter, allowing a cooling off, settle if role etc. Do you have income protection or fees insurance you can fall back on, given your change of circumstance, or reasons.

Dutchschool, get together with Bozzle and coordinate a polite approach to them! As already said up-thread they cannot charge a penalty so you have a ready and willing customer to replace you and there’s no loss! Bozzle, your son would still have to cross the hurdle of their entry selection presumably so lots of tact needed but they are in a weaker position to keep Dutchschool’s deposit in this situation and can’t say they are full to Bozzle if they are telling Dutchschool they can’t fill the place! Good luck!

Dulwich isn’t a business it’s a charity and the fees they collect are used to cover running costs, building programmes etc. No ‘profit’ is distributed to anyone. I say this as some private schools are actual businesses that look to operate at a profit.

This late most schools won’t reliably have anyone on the waiting list as it would mean a lost terms fees and potentially lost uniform costs for most people.

Could you agree with them that you will pay the fees but expect them to be refunded if they are able to fill the place by September 1st?

Good luck but I do think you are on the hook to pay so I would accept the reduction to half a terms fees.