Am I tied into a contract with this independent school?

Nowanextraone · 2024-05-10T19:50:57+00:00

To cut a long story short, my (SEN) son was going to attend a very very small independent school starting September 2024. The school then had OFSTED and we were told he wouldn't be able to start at the school as they couldn't take new pupils due to the poor results. Then they offered him a place at their 'sister school' which we accepted due to lack of other options. A month ago they then announced this school was actually closing 🙄 but he could join the original school as ofsted didn't ever say they couldn't take new pupils so they assume they can... He has been for a taster day and he enjoyed it but they have now said they're moving this school to the site of the sister school (the school that is closing down). That pretty much was my final straw. All these changes and lack of stability do not fill me with confidence. The 'lead teacher' also resigned with stress. The only paperwork I have completed is an application form many months ago. The application form says it is only an application and not an offer of a place. However, it then says this (which I signed) Please state the name of the person/s responsible for paying school fees: I/We understand that agreed fees are to be paid in full by the first day of each term unless by prior arrangement. I/We understand that 1 full term’s notice is required for any pupil leaving the school. I am worried that if I now say we won't start at this school in September that I am somehow tied in to paying a term's notice even though we haven't started? I haven't signed anything else, no contracts or anything, but at this point, I assume they think he is planning to start with them in September... Am I over thinking this? I can't cope with their disorganisation

LilyJessie · 10/05/2024 20:54

With all the messing around, I don't think they have a leg to stand on.

SEN children typically need stability, which they're not offering at all.

I would speak to them ASAP and make clear you've lost confidence in your child's education with them and they wont be attending.

What are they going to do anyway? Take you to court? Highly doubtful. And if they did, they would be laughed out I imagine.

Original poster

Nowanextraone · 10/05/2024 20:59

LilyJessie · 10/05/2024 20:54

With all the messing around, I don't think they have a leg to stand on.

SEN children typically need stability, which they're not offering at all.

I would speak to them ASAP and make clear you've lost confidence in your child's education with them and they wont be attending.

What are they going to do anyway? Take you to court? Highly doubtful. And if they did, they would be laughed out I imagine.

Yes very true.

From what I can tell, I didn't sign a contract anyway, just an application form. And I didn't ever get a formal offer of a place anyway.

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Original poster

Nowanextraone · 10/05/2024 21:17

In small writing it says at the bottom of the application form:

if your child is offered a place at the School, such an offer will be subject to the School's terms and conditions for the provision of educational services* which will bind us (as the holders of parental responsibility for them) in the event (and from the moment) that you accept the place;

N.B. I have never been given the school's terms and conditions and it's not on the website either.

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LIZS · 10/05/2024 21:29

Have you paid a deposit?

Original poster

Nowanextraone · 10/05/2024 21:38

LIZS · 10/05/2024 21:29

Have you paid a deposit?

No, nothing.

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modgepodge · 10/05/2024 21:42

If you’d signed a contract I’d say yes you will be expected to pay (this notice period is standard in independent schools even before you start) and most schools will pursue this so you’ll have to pay. But if you haven’t signed a contract I can’t see how you can be tied in.

Original poster

Nowanextraone · 10/05/2024 21:49

modgepodge · 10/05/2024 21:42

If you’d signed a contract I’d say yes you will be expected to pay (this notice period is standard in independent schools even before you start) and most schools will pursue this so you’ll have to pay. But if you haven’t signed a contract I can’t see how you can be tied in.

Yeah no contract signed, just an application form.

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Original poster

Nowanextraone · 10/05/2024 21:50

I've also had no formal letter offer etc, its all just been casual

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Original poster

Nowanextraone · 10/05/2024 21:53

The application form was also signed when I thought the school was at the old site with the old.address on it.
But never had a contract or formal offer of place

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TizerorFizz · 10/05/2024 22:33

Contracts do not have to be in writing to be valid. In this case, the school keeps varying what it's offering to suit their situation so it's difficult to say what the contract actually is. You haven't paid anything and I would decline to pay anything else. I would also think you have dodged a bullet. Sounds chaotic and poor.

Original poster

Nowanextraone · 10/05/2024 22:34

TizerorFizz · 10/05/2024 22:33

Contracts do not have to be in writing to be valid. In this case, the school keeps varying what it's offering to suit their situation so it's difficult to say what the contract actually is. You haven't paid anything and I would decline to pay anything else. I would also think you have dodged a bullet. Sounds chaotic and poor.

Thank you, so you don't think they could go after me?

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Tiredalwaystired · 11/05/2024 07:57

This sounds absolutely terrible OP. I’m so sorry for your poor son. This must be horribly stressful.

This just goes to show that independent doesn’t automatically mean better and there is good and bad out there in all shades.

I really hope you find the right place for him. SEN provision is patchy at best. Sending love.

To answer your question it really doesn’t sound like they would have a leg to stand on to hold you to it. After all they are no longer even offering what you applied for.

TizerorFizz · 11/05/2024 08:52

@Nowanextraone

I think this hinges on what a contract actually looks like. When my dc went to a private school we signed a contract which outlined what we were agreeing to, payments, what the school will do and what's expected of you. Generally speaking an application form is not a contract. No money has been paid and, from my experience, there needs to be more than this for a contract to exist with a school.

A verbal contract is possible. Eg, someone offers to paint a room for you, you say yes to £200 price, and they buy the paint. It's difficult to say that a contract did not exist. You both understood the position. However a school will produce a written contract and expect a deposit. Neither of which they have done.

I think they have made an "offer to treat". See attached. It's then up to you to accept or decline. Essentially you have an offer from them that keeps being amended. I'm absolutely not a lawyer but I don't think going to a taster or looking around is a contract. It's like going into a shop. You have sampled the offer but not accepted it. So I would say that no contract exists.

Am I tied into a contract with this independent school?

GU24Mum · 11/05/2024 11:09

I don't think you're tied in (though would need to look at all the paperwork). To be on the safe side, I think I'd be minded to send an e-mail to them thanking them for looking into whether they have a place for your DC but you have decided to go elsewhere.

Original poster

Nowanextraone · 11/05/2024 11:27

TizerorFizz · 11/05/2024 08:52

@Nowanextraone

I think this hinges on what a contract actually looks like. When my dc went to a private school we signed a contract which outlined what we were agreeing to, payments, what the school will do and what's expected of you. Generally speaking an application form is not a contract. No money has been paid and, from my experience, there needs to be more than this for a contract to exist with a school.

A verbal contract is possible. Eg, someone offers to paint a room for you, you say yes to £200 price, and they buy the paint. It's difficult to say that a contract did not exist. You both understood the position. However a school will produce a written contract and expect a deposit. Neither of which they have done.

I think they have made an "offer to treat". See attached. It's then up to you to accept or decline. Essentially you have an offer from them that keeps being amended. I'm absolutely not a lawyer but I don't think going to a taster or looking around is a contract. It's like going into a shop. You have sampled the offer but not accepted it. So I would say that no contract exists.

Yes, this seems exactly what has happened!

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Original poster

Nowanextraone · 11/05/2024 11:28

GU24Mum · 11/05/2024 11:09

I don't think you're tied in (though would need to look at all the paperwork). To be on the safe side, I think I'd be minded to send an e-mail to them thanking them for looking into whether they have a place for your DC but you have decided to go elsewhere.

Thank you so much.
There has been absolutely nothing except the application form which states multiple times that it is not an offer of a place. Their
Then a million emails saying about the changes at the school and the head apologising for them.
No formal offer, no acceptance paperwork stating the fees or a contract.

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stichguru · 10/07/2024 17:01

I'm so sorry you have had to go through this. Sound like the school is total shambles. I can't see that you have been tied into anything from what you say. Find your child another school place and walk away from this mess. Good luck!

Tiredalwaystired · 10/07/2024 19:45

stichguru · 10/07/2024 17:01

I'm so sorry you have had to go through this. Sound like the school is total shambles. I can't see that you have been tied into anything from what you say. Find your child another school place and walk away from this mess. Good luck!

Zombie thread, PP