Private school contracts

sdg4030

We transferred our son for Y10 to Kings INTERHigh online schooling on 25th August 2021 (due to possibly ASD & anxiety issues) but 12 months later just hasn’t work out for him. But we waited to get his final report to his first GCSE year which arrived at 4pm on 8/07/22. In our “contract” with Kings you must emailed them by this date (midnight 8th July) to withdraw from next year. Failure to confirm enrolment is automatic enrolment for following year.

Due to our sons issues we waited for final report, discussed results, reviewed where he wanted to be at end of Y11 and options verse what was possible with English GCSE system further confirming options and decisions, etc. Ultimately, it seemed clear (while not Kings INTERHigh fault in anyway) we needed to change educational system or he would more than likely fail most of his GCSE’s (worst case nightmare for a parent).

On the 3rd of August we informed Kings (their school year starts like most on 5th Sept) who could not have care less and want next years (2022/23) fees in full = £4800. On review sites they seem to have a history of this (not that all cases are the same) and we possible should have did more investigation of the business before hand, but……

1) Even with a clear contact, can you demand full payment for a service, any service, cancelled in time such that you have not incurred any costs…? E.g. my thinking that if you bought a car and paid a deposit for ordering, shipping said car but pulled out of contract and didn’t receive said a car, you may loose your deposit but could not be billed for car if seller keeps it. But is a services contract different…?

2) Do you need a court order to recover these costs or must you seek a legal order first and would we not be informed or asked to explain before such an order issued, e.g. can you instruct debit collector without legal proceedings?? This worries us, as we are hearing the company may be instructing or “on selling” the perceived debit to debit collector's (no direct confirmation of this).

3) As this is a private school, they seem completely unregulated (I think the term is self-regulated) and there doesn’t seem any way to complain to local of state government about procedure or treatment. Does anybody know differently???

Lot packed into post, but looking for clarity where possible, thanks.

Splash21

You've probably, successfully moved on from this now, but, is it stated in the contract how notice of termination is to be given? Is email listed as a method? If not then it doesn't matter. 

You sound like you're well within your rights, assuming you have a copy of a signed, dated contract between the parties, I'd stand your ground, seems pretty clear from what you have said. 

I deal in contracts daily, it's my job. yay. 

DullGreyGuy

sdg4030 said:

1) Even with a clear contact, can you demand full payment for a service, any service, cancelled in time such that you have not incurred any costs…? E.g. my thinking that if you bought a car and paid a deposit for ordering, shipping said car but pulled out of contract and didn’t receive said a car, you may loose your deposit but could not be billed for car if seller keeps it. But is a services contract different…?

2) Do you need a court order to recover these costs or must you seek a legal order first and would we not be informed or asked to explain before such an order issued, e.g. can you instruct debit collector without legal proceedings?? This worries us, as we are hearing the company may be instructing or “on selling” the perceived debit to debit collector's (no direct confirmation of this).

3) As this is a private school, they seem completely unregulated (I think the term is self-regulated) and there doesn’t seem any way to complain to local of state government about procedure or treatment. Does anybody know differently???

Lot packed into post, but looking for clarity where possible, thanks.

1) What cost do you think will be lower for the school because your son isnt going to be there? Can they release a teacher because of one less pupil? Sell one of the class rooms? 

With a car, the dealership can then sell that car to someone else. With such late notice its fairly unlikely the school can then sell your vacancy and unlike cars the vast majority of demand for schools is before the start of the year whereas cars sell all year round

2) You take the matter to court if you cannot come to an agreement, the court requires you to have made reasonable attempts at settlement before issuing. Not sure what you mean by a "legal order"? You can instruct a debt collector but given the nature of the situation I'd be surprised if anyone with any morals would take it on (you'd be the one paying the debt collector even if its just a success fee) as the probability of success is so low but they'd still be charging you per letter (and none would take it on just for a success fee as its far too low probability)

3) The DfE do regulate private schools but only in matters like suitability of teachers, health & safety, quality of education etc and not things like payment terms on fees.