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I used to register my children in a private school (French

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I used to register my children in a private school (French school). In The same time, we used to apply for a school grant from the French consulate. For the year 2015/2016, we got a grant from the Consulate of 94%. After the first term commencement, in October, we got an offer for the kids in the public school, and we then decided to move them. We have noticed the head teacher and filled the withdraw forms which only include general information. We have received after that final invoice to pay the outstanding balanc for the remaining of the fisrt term. The school asked us to pay 6% of the fees, as we have a grant of 94 %. We then paid the invoice and moved the kids, and they started in the new school. Surprisingly, in 10th February the administration of the private school contacted us to tell that was a mistake in accounting the fees for the first term, and that the consulate refused to pay them the outstanding fees for the remaining of the term. They asked us to pay the full fees for the rest of the term. They asked us to pay the full amount of fees which should be around 2000£ for both children as the roles of registration required us to pay the whole term, even if we move the children earlier. We then understood that the consuslat refused to pay the remaining amount of the term. We contacted the consulate, but they told us they only pay for the school on a monthly base, not by a term. The problem now, the school asking us to pay for the remaining of the term, and we refused to pay that as they did mistake in accounting the proper fees. If we realised that would happen, we then would not move the kids to until the end of the term. The school sent us the third notice and threatened us to go to the court to recover the money. I would like to know my situation in this case. Should I pay the fees, or they do not have the right to ask us for this money? Is there any chance that the I can win the case as I believe it was not our fault, but the school and consulate fault in accounting improper fees for the first term.
Many thanks for the help
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

Hi

Thanks for your question.

This come down to the contract between you and the school.

Was there a contract which you signed or terms and conditions which the school made you aware of?

Even if you did not sign a contract you will have accepted the terms and conditions by conduct, I.e putting your kids at the school.

Your responsibility may be under the terms and conditions to pay the fees in full in circumstances where the grant is not paid or to pay the difference if a lesser amount is received by the school by way of grant.

Why was the grant not paid?

Do you have a copy if the terms and conditions /contract shish you can attach, I am happy to review it?

I have a feeling that you will probably have to pay the fees to avoid court.

Customer: replied 1 year ago.
Thank you for your reply. The grant stopped because I have moved the kids to another school. The consulate said they will only pay monthly if the kids still in school. They will not pay for the whole term, and here the disagreement with the school. The consulate refuse to pay them, and we also did not pay. I have attached a copy of the terms and condition sent to us by the school. Is there is in your opinion in exemption part, anything apply to us? I understand if we got an offer after the school started, we would be considered an exempt. We got the offer by the public school after the school started. Thank you again
Expert:  propertylawyer replied 1 year ago.

Hi

Do I understand that you children were offered a place after the start of the school term?

The terms are not entirely clear. But I interpret the terms that if a place is offered after the start of term then fees will be calculated pro-rata.

However, the headmaster has discretion and any departure for personal reasons will not be taken into account.

It is perfectly reasonable for the consulate to only cover fees if children are registered and attending the school.

It looks like an exemption may have applied if a place was offered after the start of term but as the decision to move the children was personal the the headmaster need not take this into account and can request payment of the full fee.

I hope this helps and clarifies the position.

Please can I ask you to accept my answer. Thanks

Customer: replied 1 year ago.
Thank you. Can I ask one more question before closing the question, as I still little confuse. Yes we got the offer from the public school after
Expert:  propertylawyer replied 1 year ago.

Please do ask any questions you have

Ok, I interpret it like this. The exemption applies but you removed your children. On removing your children the grant was revoked by the consulate. The terms and conditions say that leaving during a school year will not be taken into account if for personal reasons. The school considers it was for personal reasons removal of the children during the school year, hence full fees payable.

Customer: replied 1 year ago.
thank you for your patints. But there discrepany I van not understan it in your reply. sorry for that. You are saying the exeption apply, as we got offer. How they can consider the removal of children for personal reason. We moved him to another public school, because we got offer, not for personal reason. Please just clarify this.
Expert:  propertylawyer replied 1 year ago.

Did you leave to another AEFE network school

Customer: replied 1 year ago.
No, I left to uk public school. I got offer from them after the start of the term.
Expert:  propertylawyer replied 1 year ago.

I expect the school is claiming that you left for personal reasons - I.e to move the children to a public school. It says in the rules leaving for personal reasons will not be taken into account. Hence the change for full fees by the school.

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