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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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my sons school contract states i must give a full terms notice.

Customer Question

my sons school contract states i must give a full terms notice. in may i gave notice that he would not be returning in Sept (over 3 months), however it was not a full term.

it seems unreasonable to charge this full term charge, even though my son has left the school

can i win this case, or is the a past case where its been upheld?

Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

Have they filled his space, do you know?
Customer: replied 4 years ago.


ive been unable to confirm that, however last year they had places so unfortunately i think there is still space in the school


i'm thinking of taking this to court - its about £3k fee - which given the notice they have had (22nd May) seems unreasonable


i was looking for past cases but cant find any and though you might be able to refer me to some past cases or let ,me know if I has no chance with this?



Expert:  Jo C. replied 4 years ago.
Thank you.

If your contract says that you should give a term's notice and you have not then unfortunately you are in breach of contract.

They are under a duty to mitigate their loss by trying to find a repalcement and with private schools usually that is possible. If they have filled his place then they are made whole and so the case against you collapses. If they have not been able to do so then you could ask them to prove that they've made reasonable efforts which might cause them discomfort. If its just that this school isn't very popular though and they just don't have enough pupils then that would fail if they choose to contest the matter.

The only other alternative is to try to rely on UCTA to argue this is an unfair term although it would be irresponsible of me to suggest that there is a strong chance of success on that particular challenge.

You could always offer a lesser sum in full and final settlement. They may well accept that.

I'm very sorry but thats your position.

Can I clarify anything for you?

Customer: replied 4 years ago.



do you have access to case law? i'd really appreciate it if you can make me aware of any case where parent has been in same situation and the court upheld on schools side


i dont have access and would give me an edge making my case?



Expert:  Jo C. replied 4 years ago.
There aren't any cases on the point. Its a question of contract rather than case law.

Expert:  Nicola-mod replied 4 years ago.

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