Outstanding repayment of school deposit - can you charge interest?

[Condicio]

My child had to leave a private school last spring because they couldn't meet his needs. He has an EHCP.

We'd paid the school deposit privately. The Council paid for school fees.

The school agreed in writing they would return our £2k school deposit once the Council paid that term's fees. I know the Council paid these. I assumed the deposit would be returned.

Something reminded me and I've checked and the school never repaid the deposit.

My Q is, can I charge them interest on this for the year in which they haven't paid? I know I could if it was a business to business transaction. They made our child's life so difficult that I'm angry they didn't do yet another thing they were supposed to.

I think it is unlikely they would pay interest! Also I am amazed they will pay back the deposit . I work in a private school and there is no way the finance department would refund any money, ever !

@Tiggy321 I agree they're unlikely to pay interest! But they're supposed to return the deposit when your child leaves the school, it's part of the contract. We've had our deposit returned from a different school as standard practice.

Regardless, in this case it is agreed in writing with one of the directors of the organisation that runs the school. They know we had a legitimate case of disability discrimination against them, so frankly it's the least they could do.

Are you sure the councils final bill wasn't reduced by your deposit amount

That's a good point Munchies7, I will check, although the agreement was that it would come to us directly.

How did you manage to get the Council to pay school fees for somewhere which couldn't meet need?

I am utterly astonished that the Council wasted this kind of money.

Private schools are notorious for being unable to accommodate special needs.

Well they wouldn't know the placement will fail until it does. Things often work well during the trial/on paper. Not all private schools are bad for Sen. It depends what Sen. It's not a waste of money, nor is it easy to get fees paid for. Very often a child with an EHCP will cost just as much, sometimes more, in a state school.

A lot cheaper for the council than an Independent Specialist where fees can be up to £100,000 a year. There is also a huge shortage of LA Specialist schools and when a parent presents to tribunal evidence that the child needs the small classes and low arousal environment together with an offer of a place from the school the judge will look at the evidence and order the LA to pay the fees together with any additional support required. It is more commonplace than you might think.