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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10103
Experience:  30 years as a practising solicitor.
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We have an ongoing dispute with a private school, our

Customer Question

We have an ongoing dispute with a private school, our daughters male teacher behaved sexually inappropriately on at least 2 occasions to her, she is now scarred by this and frightened when she has seen him in the street, so we decided to remove our daughters from the school and refused to pay the fees balance. Opened a complaint wth the school which was not investigated properly as we hadn't reported to police, school now pursuing us for fees and threatening ccj, I offered to pay 50% of the fees but school wanted more and a clause that we agreed not to take the sexual assault further, we declined this as see it as blackmail, now they say they will pursue the ccj, what can we do?
Submitted: 2 months ago.
Category: Law
Expert:  JGM replied 2 months ago.

Do not be intimidated by this school. They may seek to pursue a CCJ but to do that they have to raise court action for payment and you should defend such an action on the ground of breach of contract. It is implied in the contract you have with the school that they will not provide teachers that behave in this way. I think they have intimidated you. You should be saying to them, "go ahead, sue us, we will defend the action and the actions of your teacher and the school's attitude will end up in the public domain". That is the last thing they will want; for their incompetence to be made public. I think if you fight them you will win. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 2 months ago.
Thank you for your reply, I have battled this alone thus far but the school are talking through their solicitor, I have already stated to them that they are in breach of contract and their responsibility for the safeguarding and due care and attention of my children yet they continue to pursue and state that the two matters, fees and the sexual assault are completely separate, I have stated that I believe they are inextricably linked, their last letter arrived on Friday and they now say "they note our allegations which are for the record denied" this is odd as 2 months ago they said they were going to investigate, they also state we are in breach of their consent order (which set out a 2 month stay in which they were supposed to fully investigate) and now urge us to file and serve our defence without further delay
Expert:  JGM replied 2 months ago.

You need to see a solicitor immediately and if proceedings have already been raised by the school you do have to put in a defence.

Customer: replied 2 months ago.
Thanks I am trying to find a solicitor to take on the case, whilst i do that can i write a holding letter of reply to the schools solicitors, do you recommend anyone to take this case on?
Expert:  JGM replied 2 months ago.

If they have issued proceedings you need to get someone very quickly as writing a holding letter has no weight. We aren't allowed to recommend experts on this site but may I suggest you contact the Law Society for a recommendation of a civil court solicitor in your area.

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