I currently have outstanding school fees of £26k at my daughters…

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Have you confirmed with the school whether there are any bursaries or scholarships available to your daughter at present that may ameliorate the position please?

Thanks. The difficulty you have is that fundamentally a private school is a private business and it is entitled to withdraw "service" for non payment of fees just as any other business is entitled to withdraw or suspend service to a customer or client for non payment of charges.

They owe a duty of care to your daughter but that duty does not extend so far as to compel them to provide education services without payment of fees. It may be that you could construct an argument that it is unreasonable for them to withdraw services just before her exams but it would be stretch to see how such an argument could succeed particularly in time to assist with your daughters exams in practice.

There is however nothing stopping you negotiating as you have been with the school at with to extend leeway until at least after your daughter's exams however you will likely find that they will want some form of assurances as to payment in order to reach agreement on this front. Obviously you are limited by your circumstances but in principle you can consider any relatives or good friends that may be prepared to assist. Your daughter's other parent has responsibility for your daughters education as I am sure you aware and if they have money you may consider requesting a contribution and if you not on good terms you could consider a potential claim under the childrens act for monies for your daughters maintenance.

Many schools maintain funds that can assist with fees if a parent or parents are unable to pay in certain circumstances through no fault of their own. This is not a legal requirement but you may enquire whether the school has any funds that may assist.

If none of those provision assist your final position would be to contact your local education authority to ascertain what schools may be able to take your daughter at short notice to enable her to conduct her exams without prejudice to her education. This obviously would not be a preferred course of action but you may wish to make enquiries so you have a "worst case scenario" fallback position.

Please forgive me but I have a client who is about to arrive. I can continue to assist but if you have further questions I may have to come back to you in an hour or so if that would be alright?

I quite understand - school fees are a luxury very many are finding too much to afford at the moment.

Thanks - if you have any further questions, if you would like to post them I will be able to come back to you as soon as I am finished...

Thanks for your patience. If you have any further questions please do revert to me. Kind regards

That is generally positive news it seems. The important thing to ensure to have reassurance on the point is that the personal guarantee is very specific upon when the guarantor becomes liable to repay - i.e. that they do not become liable for a period of e.g. 24 months from the date of the guarantee.

Providing there is a explicit provision to this effect then the school could not call in the guarantee until that date has passed. This should give you and your relative the reassurance you seek.

Certainly. Particularly if it is a condition of your relative and also for your own reassurance. Perhaps consider asking them for a draft of the personal guarantee and that it makes specific reference to a 24 month period would be sensible

Quite. If the school have agreed in principle there is no reason it should not be reduced into writing. If the school refuses to include it in the personal guarantee a clear written statement by letter or even email to your relative that they will not enforce the guarantee until [date[ will do just as well as this would effectively prevent the school from doing so on the basis of the law of "estoppel".

If it were me I would ask for a draft of the personal guarantee proposed but you can use whatever word you want as long as you make it clear what you want.

It sounds as if you have the basis of a workable negotiated settlement...

I am certainly happy to look at it though I cannot give specific legal advice as such due to the limits of this service but I can certainly let me have my comments on the same

I hope it concludes satisfactorily for you.

Yes certainly you can simply return to this thread and I will be happy to continue to help.

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me.