How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jenny Mackenzie Your Own Question
Jenny Mackenzie
Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 6307
Experience:  Over 10 years experience in general legal matters
32019188
Type Your UK Law Question Here...
Jenny Mackenzie is online now
A new question is answered every 9 seconds

I had accepted the admission offer for Reception for my son

This answer was rated:

I had accepted the admission offer for Reception for my son at a private school which required a term's fee in lieu of notice if withdrew our son after accepting.

A clause stated: Fees are reviewed annually and may increase. If parents receive less than a term's notice of fees increase, they may give the school written notice of withdrawal of the pupil within 21 days and will not be liable to pay fees in lieu of notice.

On 27th July, we received the Autumn Term fees invoice with a 20% fee increase - less than a term's notice. We sent a notice to the school for withdrawing our son under the previous clause.

On 27th Sep, we got this response from the school- Our T&C state quite clearly that fees are reviewed annually. All we are required to do is to inform parents that fees are reviewed and to give them one terms notice to this effect. Therefore we have fulfilled our obligations. You failed to notify 1 term in advance and therefore fees in lieu of notice are required.

Jenny Mackenzie :

Hello and welcome to Just Answer, my name is XXXXX XXXXX I am happy to assist with your question today.

Jenny Mackenzie :

Had your son actually started the school?

Customer:

No we withdrew him from this school before starting

Jenny Mackenzie :

so in effect you accepted the offer on the basis of a published set of fees and were notified of an increase in fees a few weeks before the start date?

Customer:

Yes, that is correct.

Jenny Mackenzie :

were you told there 'would' be a fee increase at the time you accepted the offer?

Customer:

No, but the clause stated that the fees are reviewed annually

Customer:

But no details or dates of annual fees review were stated

Customer:

One of the clauses in the standard Terms and Conditions stated: Fees are reviewed annually and may increase from time to time. If parents receive less than a term's notice of fees increase, they may give the school written notice of withdrawal of the pupil within 21 days and will not be liable to pay fees in lieu of notice.

Jenny Mackenzie :

Ok I would stick to your guns here and say that you are not contractually liable to pay the fees. You have not been given a clause notice in accordance with the contract and therefore are not (in accordance with the contract) liable to pay the fees in lieu of notice in the event you withdraw your child.

Jenny Mackenzie :

Even if that were not in the contract you have accepted an offer based on the fees that were stated. It is not unreasonable for you to say that your offer was accepted on that basis, not on the basis of a 20% fee increase and are therefore withdrawing your offer.

Jenny Mackenzie :

You can state that the terms notice in those circumstances amounts to a penalty clause and you will defend it vigorously in the event they attempt to pursue the fees.

Jenny Mackenzie :

If you have any further questions please ask. If I have answered your question I wold be grateful if you would take the time to rate my answer. Thank you and all the bes.t

Jenny Mackenzie and 2 other UK Law Specialists are ready to help you