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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Hello, My daughter will be returning to school this month

Customer Question

Hello,

My daughter will be returning to school this month following emergency surgeries. She goes to a fee paying school in the UK (independent school) the FULL years school fee is £19,480 - since my daughter hasn't been at school for the full year i.e from September and will only be returning in February, should the school charge us a pro rata? Or is it legal for them to charge the full years school fee regardless of the fact that she hasn't been there for the full year.
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

What does the contract say about pro rata?
Customer: replied 3 years ago.

We do not hold copies of the contract, the school holds them. So I am not too sure.

Expert:  UK-Justice replied 3 years ago.
You need to ask for a copy.

If there is nothing in the contract that says you are liable for the full fee then you are not,

If the contact states that the full fee is payable regardless of whether or not attends then you are liable.

It is all in the detail of the contract,

In order to enforce something, in this case full year payment, there must be a clause saying they can.

So your answer depends on what is in the contract - ask for a copy or in particular the clause they are seeking to rely upon.

I hope this helps.




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Customer: replied 3 years ago.

To add onto this, my daughter started the school in January 2010 - so she had missed september-december.


 


The school only charged us from january-june (remaining school year) would this not apply to this case?

Customer: replied 3 years ago.
Relist: Answer quality.
Expert:  UK-Justice replied 3 years ago.
Forgive me I am in court,

You need to check the contract.

But given that you have had reduced charges before indicates the contract means you can only be charged for actual terms booked.

But the detail is in the contract, not just what they have done historically.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

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