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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10920
Experience:  30 years as a practising solicitor.
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Hello,we are looking for a legal advice on the following

Resolved Question:

Hello, we are looking for a legal advice on the following situation. Our child went to private school and about a month ago there was a lot of negative information about school management style and care conditions revealed in the social medial. We could easily match our experience and observations with these allegations; for example, we noticed that the teachers in our son’s class were changing every two weeks! The school was inspected by the Aberdeen City council and police Scotland and due to the findings their staff is reported to procurator fiscal and requested not to have any dealings with the school. Although no details were given by police we read all the info in the social media and it was horrifying. We took our child out of that school immediately and found another place for him to go. We have 1 month notice with the school and in normal circumstances we would have finished the notice period before moving into a new place. Considering awful things told about the school and confirmed in the investigation we could not allow our child to continue attending this school. Especially after we noticed that he started stammering. As a result we have to pay the notice to the old school and pay child care to the new school. Our question is about this last payment - can we refuse to pay on the grounds that school did not fulfil their duty? When we signed the contract with them we did not know that the person running the school will be charged with criminal offence and that the school will not provide sufficient care and will be a dangerous place for a child. It seems to be unfair that we have to pay to the school which not only did not fulfil their duty but also caused us so much worry and emergency search of a new school.


 


Thank you


O

Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

There's an implied term in the contract that the school will provide a quality education and also keep your child safe.

If they have breached those implied conditions you are entitled to hold them in breach of contract and there may be a case for claiming back fees paid since the start of all of this. Certainly I wouldn't be paying them any more money.

Happy to discuss further later this evening if needed.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Dear JGM,


 


thank you for your answer. I am a little confused though how would you suggest us to proceed with not paying that last bill? My understanding is that if we don't pay it they will pass our case to the dept collectors who will not be interested in our reason not to pay and will pursue their job to get the money of us. Should we inform school about our decision not to pay and reason for that? Will it stop them from forcing us to pay? I assume we are not talking about suing them so we can avoid the payment as it would cost us more then that bill. Appreciate your advice


Thank you


O.

Expert:  JGM replied 3 years ago.
They may pursue you but if they do they would eventually have to take you to court and you can tell the sheriff why you are not paying and ask the sheriff to find them in breach of contract. If the sheriff agrees he will throw out their case.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10920
Experience: 30 years as a practising solicitor.
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