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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 64950
Experience:  Qualified Solicitor
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My son is attending a private fee paying school and because

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Hi my son is attending a private fee paying school and because or Corona Virus his school is closed. We are less worried about this term as there's one week left, but we have to pay the invoice for the next term before the next term starts in a month. We feel that the school will not be providing the services we agreed to pay for if it provides them solely online and we have to stay home to look after them. What are our rights? thanks.
JA: What steps has your son taken? Has he filed any papers in family court?
Customer: no He's only 12
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your son live in?
Customer: We live in East Sussex England
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no thanks

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 15 days ago.
Ok Hi ben

Is it possible to upload a copy of the school's terms and conditions on here?

Customer: replied 15 days ago.
Sure https://resources.finalsite.net/images/v1559215896/bedesorg/otglsdvwswz9sejweupu/BedesA4ParentContractFORM_2019Pages.pdf can you access this ok?

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.

Many thanks for your patience. The relevant clause is Part J, which deals with force majeure events, and they specifically include pandemics.

 

In the event of such an event, the contract continues to apply as normal to start with but certain options start to apply depending on how long the event lasts.

 

Once the event starts, the school will be excused from carrying out its activities although you would still be liable for the fees. If the event continues for more than 90 days, then the school should be contacting you to make arrangements for ways to continue providing their services, like remote schooling or providing materials to help you home school.

 

Only if the event has been in place for at least 120 days will you eventually be able to cancel the contract with 3 days’ notice. You do not appear to be able to cancel the fees with immediate effect unfortunately ands there will be a period where you pay the fees, even if you are not sending your children to school.

 

I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?

 

 

Customer: replied 15 days ago.
Hi thanks that does clarify the situation. Many thanks for your help.

All the best

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