Opinions please on school refusing to return deposit

JMW77

The trip was completely cancelled  because of covid the first time ,all deposits returned trip cancelled.

New letter offering  a new trip sent out late June this year .

JMW77

maman said:

I'm assuming this is the 6th Form of the same school that OP's child was in last year in Year 11. I'm not sure how the Covid delay comes into it unless the school is running the trip for 6th Formers who missed out last year. That seems odd to me unless the trip was open to both year groups originally. 🤔

I can see why OP is aggrieved as, although the deposit was non refundable, the child can't attend because he wasn't offered a 6th Form place. It's not like he just left the school voluntarily, he didn't have an option.

I'd ask the school, maybe by writing to governors, to reconsider and perhaps try to ask the new Year 11 pupils if they would like to take up the place.

This assumes that I'm right and it was a trip open to Year 11 last year that's been delayed by Covid. 

I dont think the trip is usually offered to 6th form students , but with covid they decided to offer it to the students who had missed out .( which would be when they were in 6th form)

theoretica

There was a suggestion above to contact the school governors - I would write to the chair of governors.

https://www.capital-law.co.uk/news/2020/05/29/rights-and-obligations-to-refunds-explained/

...refunds are payable in circumstances where:

• a business cancels a contract without providing the consumer with the promised goods or services

https://www.gov.uk/government/publications/cma-to-investigate-concerns-about-cancellation-policies-during-the-coronavirus-covid-19-pandemic/the-coronavirus-covid-19-pandemic-consumer-contracts-cancellation-and-refunds
Terms which allow a business to cancel a contract without providing any of the promised goods or services but keep all or most of a consumer's money are likely to be unfair and unenforceable.

JMW77

theoretica said:

There was a suggestion above to contact the school governors - I would write to the chair of governors.

https://www.capital-law.co.uk/news/2020/05/29/rights-and-obligations-to-refunds-explained/

...refunds are payable in circumstances where:

• a business cancels a contract without providing the consumer with the promised goods or services

https://www.gov.uk/government/publications/cma-to-investigate-concerns-about-cancellation-policies-during-the-coronavirus-covid-19-pandemic/the-coronavirus-covid-19-pandemic-consumer-contracts-cancellation-and-refunds
Terms which allow a business to cancel a contract without providing any of the promised goods or services but keep all or most of a consumer's money are likely to be unfair and unenforceable.

Thank you , yes that is a option to try .If they continue not to reply to us.

maman

I don't know if you've already written to the chair of governors or how long you've been waiting for a response. As term has barely started it's early days yet. I'd be surprised if you didn't get any response. If you don't have any success then there will be a complaints procedure you can follow.

On the face of things it seems the school wants the children to not miss out but haven't thought through the fact that not all pupils can move automatically to the 6th Form. They are exceptional circumstances and probably the school is using a company that, in turn, demands non returnable deposits. I think you have a good case but do state your case calmy and factually as I believe the school is trying to do the best it can for the pupils in general. 

Spendless

Does the school not make it clear  that their sixth form is only available if students achieve a certain grade? I know quite a lot of the Secondary schools where I live do this even having the info on their websites.

I would agree with writing in to the chair of governors about it. May I make the polite suggestion of time-lining it though. I know it can be hard when you've got a story jumping around in your head to put it down on paper accurately, but when people are reading for the first time they need to understand background.

From what you've written (if I've understood this myself) the trip was only offered in July 21  by which time your son had finished yr11? Since this year's grades were teacher assessed and not dependant on sitting an exam I'd have thought they'd have known at that point that he hadn't got high enough grades to get a sixth form place, so why take your money? That is a question I'd be putting to the Governors.

maman

I agree with what you've said @Spendless but although the school would have submitted their assessment by July, they wouldn't have been able to share it with parents and pupils. 

Spendless

maman said:

I agree with what you've said @Spendless but although the school would have submitted their assessment by July, they wouldn't have been able to share it with parents and pupils. 

maman said:

I agree with what you've said @Spendless but although the school would have submitted their assessment by July, they wouldn't have been able to share it with parents and pupils. 

I get that, but the school  knew themselves that they were taking money from someone who wouldn't be able to be at the school in September. 

There seems a big lack of thinking this through from the school's perspective. 

If I've understood this correctly, the trip should have originally gone ahead in one of the lockdowns though I'm unsure which one, so I'm guessing it's usually only open to yr11 pupils (or yr10 if it's a trip originally meant to go ahead March-July 2020) so why not just offer it to pupils that are now current yr11/yr10 students who are unlikely to leave the school rather than ask ones who are going to be in post16 education.

That's what I'd be asking.

sassyblue

Did you pay by visa as you can ring them and get your money back. In any case I’d be demanding my money back too - they’ve got a nerve!

TBagpuss

As others have said, if the school is saying this he cannot now go on the trip then they, not you, are cancelling and they should refund him. 

If they are refusing to do so, they they should allow him to go on the trip (assuming he still wants to)