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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 34626
Experience:  Over 5 years in practice
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My daughter was in private education in 2018. In order to

Customer Question

My daughter was in private education in 2018. In order to leave the contract we had to provide 1 terms notice. While on the easter break in 2018 we
JA: Where is your daughter? It matters because laws vary by location.
Customer: Sorry, we are in Cannock, staffordshire. While on the easter break in 2018 our landlord decided to sell the property and we had no option but to look to move both home and school. We served notice on the school that we were taking our daughter out of there from the start of the September term. The school are saying we didn't give the terms required notice and are now pursuing us for 1 terms fees which amount to nearly £3000.
JA: What steps have been taken so far?
Customer: We have received a solicitors letter with a formal demand for payment in full within seven days
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 3 months ago.
Category: Law
Expert:  Ben Jones replied 3 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 3 months ago.

Do you have a copy of the school's terms and conditions to hand so that I can take a look?

Customer: replied 3 months ago.
do you want me to email it to you
Expert:  Ben Jones replied 3 months ago.

If you can upload it on here, using the paper clip symbol, I will take a look

Customer: replied 3 months ago.
We are looking for it. We have moved house since. should we ask the school to provide us with a copy?
Expert:  Ben Jones replied 3 months ago.

OK no problem. Just send it through when you are able to. Thank you

Customer: replied 3 months ago.
We can't recall the exact date that we gave notice that we were taking our daughter out but we know it was while she was on the easter break in 2018 as she was attending the school holiday club. We believe that it was 16 April 2018 but we are waiting for the school to respond to a GDPR request to confirm that. School was due to start on 19 April 2018. We are sure of the approximate date as it was when the offer we had put on a new house was accepted. Ava was paid up to the end of the Summer 2018 term. the fees being applied are for the Autumn 2019 term. She started at a new school in September 2018 in a different local authority.
Customer: replied 3 months ago.
Sorry that should read Autumn 2018 term
Expert:  Ben Jones replied 3 months ago.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 3 months ago.

Thank you. the school year is usually divided into 3 terms – Autumn, Spring and Summer. You need to have given them notice before the start of the next term for that whole term to count as a term’s notice. If you gave notice partway through a term, then you need to have to wait for that term to finish and then the following term would be when the notice would start to run. So the key is really whether the notice was given before the final term of the school year or partway through it?

Customer: replied 3 months ago.
if I gave the notice before the Easter term started then that is deemed as notice given. So the key is the date that we gave the notice?
Expert:  Ben Jones replied 3 months ago.

Yes, was it given before the start of the final term?