You cannot give one terms notice obviously because your son is not at the school. Hence, you would be liable for one terms fees.
It depends whether the school want to take you to Small Claims Court to try to enforce this. The idea of the notice is so that the school can prepare for the number of pupils they need. The loss they suffer as a result of your cancellation is much less if you cancel early in the process.
For example, if you cancelled the day after you booked, they have not actually suffered any loss. If however you cancelled the day before the child must start school, they would have made all the preparations for him and the loss would be greater.
However if you were to pay a full terms fee it would be a windfall for them because they haven’t actually provided the tuition service during the course of the term. Imagine what would happen if everyone cancelled and paid the terms fee. They wouldn’t have to do anything but still get full payment. Hence, it went to court, but was a good chance that whilst their claim would be successful, they would not be able to claim the full amount of money. It depends on the view the judge takes on the day.
They would no doubt bring this is a debt claim for the full amount owed for the term of your defence would be that it’s not a debt claim as to pay the full terms fee would be a windfall and hence it should be a damages claim in respect of the schools loss.
It would not be unreasonable for them to keep the admission fee to pay for any preparatory work and processing the application.
The OFSTED report is useful because you can argue that the service they are providing is not of satisfactory quality and that you cannot be contractually forced to continue with the service which is in breach of the Consumer Right Act 2015 (which superseded the older Supply of Goods and Services Act and the Sale of Goods Act).
Can I clarify anything for you?
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