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Ben. UK. Sorry, not sure what you mean by what steps so far.

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Sorry, Hi Pearl not sure what you mean by what steps so far

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My son attended an independent school for Yr9-11. I struggled with fees generally and had at least two letters from school threatening suspension. In yr 10, I responded to these letters and asked that my son would be allowed to stay at school till year 11. I subsequently wrote another letter to the same effect in Yr 11. I took my son to a state school in Yr 12. The school is seeking a term's fees in lieu of notice. I contend that by them accepting to not throw out my son, they accepted the arrangement that he would stay till end of yr 11 as I had requested. The school's view, is that I should have given formal notice in addition to the letters I sent them.

Submitted: 3 months ago.Category: UK Law
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Solicitor: Ben Jones, UK Lawyer replied 3 months ago
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Solicitor: Ben Jones, UK Lawyer replied 3 months ago

From a legal perspective I would tend to agree with the school’s position here unfortunately. Your conversation was about keeping your son until the end of Year 11 and not taking him out of the school earlier than that. It is not the same as saying he would not return after the end of the year. Saying ‘I will keep him there until the end of Year 11’ is not the same as saying ‘I will keep him there until the end of Year 11 AND after that he will not return’. What you promised is to keep him there AT LEAST until the end of that year, and potentially beyond, but not terminate the contract earlier than that.

In your mind you may have thought that what you meant was he will only remain until the end of that year, but looking at it objectively, this was not made clear in the correspondence you had with them. As such, the school does have reasonable grounds to argue they are still owed notice. You could try and negotiate a lower fee if you can, or you an just take your chances in court, considering that if the value of the claim is below £10k, it will not make you responsible for their legal fees even if you lost.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

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