1.1 Terms and conditions: These terms and conditions reflect the custom and practice of independent schools for many generations and together with:
1.1.1 the letter of offer;
1.1.2 the conditions of an award (Bursary / Scholarship) if applicable;
1.1.3 the acceptance form; and
1.1.4 the fees list they form the basis of a legally binding contract between the Parents and the School for the provision of educational services. These terms and conditions are intended to promote the education and welfare of pupils and the stability, forward-planning, proper resourcing and development of Newbridge Preparatory School.
1.2 Variations: these terms and conditions, the Conditions of Award and the fees list are subject to change from time to time.
1.3 Prospectus and website: The School’s prospectus and website are not contractual documents. Please see clause 11.5 for further information. The School website contains a number of policies and procedures which can be viewed by parents. Printed copies are available from the School on written request.
1.4 Fees and notice: The rules concerning fees and notice are of particular importance and are set out in Section 4 and Section 9.
1.5 Managing change: Newbridge Preparatory School, as any other school, is likely to undergo a number of changes during the time your child is a pupil here. Please see Section 11 for further details of the changes that may be made and the consultation and notice procedures that will apply.
Terms and Conditions
To download a copy of our Terms and Conditions click here
1. Introduction
2. Terminology
2.1 School or We or Us: means Newbridge Preparatory School Limited as now or in the future constituted (and any successor). The School is constituted as a charitable limited company.
2.2 Directors or Board of Directors: means the Directors of the School who are appointed from time to time under the terms of its governing instrument and who are responsible for governance of the school.
2.3 Headmistress: means the Headmistress of the School as appointed by the Directors or delegated deputy. The Headmistress is responsible for the day-to-day running of the School.
2.4 Parents or You: means any person who has signed the acceptance form. The Parents are legally responsible, jointly and severally, for complying with their obligations under these terms and conditions. Fees payable by a third party (for example, an employer, grandparent, step-parent without Parental Responsibility or third party credit provider) will be subject to a separate agreement between the School, the Parents and the third party. Please also see clause 4.3 and clause 11.6.
2.5 Parental Responsibility: Those who have Parental Responsibility (i.e. legal responsibility for the child) are entitled to receive relevant information concerning the child whether or not they are a party to this contract unless a court order has been made to the contrary, or there are other reasons which justify withholding information to safeguard the best interests and welfare of the child.
2.6 Pupil: means the child named on the acceptance form. The age of the Pupil will be calculated in accordance with British custom.
3. Admission and entry to the School
3.1 Registration and admission: Applicants will be considered as candidates for admission and entry to the School when the Registration form has been completed and returned to us and the non-returnable Registration Fee paid. Admission will be subject to the availability of a place and the Pupil and the Parents satisfying the admission requirements at the relevant time. Admission occurs when the Parents accept the offer of a place. Entry occurs on the date when the Pupil attends the School for the first time under these terms and conditions.
3.2 Equality: The School is a mainstream, school for children aged two to eleven. The School has a Christian ethos and welcomes staff and children from many different ethnic groups, backgrounds and creeds. Human rights and freedoms are respected. At present, our physical facilities for the disabled are limited but we will do all that is reasonable to ensure that the School’s culture, policies and procedures are made accessible to children who have disabilities and to comply with our legal and moral responsibilities under equality legislation in order to accommodate the needs of applicants and pupils who have disabilities for which, after reasonable adjustments, we can cater adequately.
3.3 Returnable Deposit: The Returnable Deposit will be payable on acceptance of a place. The Returnable Deposit will be retained in the general funds of the School until the Pupil leaves and will be repaid following the final payment of Fees or other sums due to the School on leaving, unless stated otherwise in these terms and conditions. Please also see clause 9.7 below.
3.4 Entry into Reception Offer of a place and Guarantee Deposit: A deposit (Guarantee Deposit) as shown on the fees list for the Reception year will be payable when parents accept the offer of a place into Reception. The Guarantee Deposit will be repaid by means of a credit without interest to the first Term’s Fees of Reception unless stated otherwise in these terms and conditions. Please also see clause 9.7 below.
3.5 Immigration: Parents must inform the Headmistress when returning a completed Registration form or at any other time if their child requires letters from the School in order to obtain a visa to study at the School. Where a child is supported by the School for immigration purposes the Parents shall permit the School to take and retain copies of the child’s passport and visa. It shall be the Parents’ responsibility at all times to ensure that their child has the appropriate immigration permission to reside in the United Kingdom and to study at this School.
4. Fees
4.1 Fees: may include alone or in combination any of the Registration Fee, the Guarantee Deposit, the Returnable Deposit, tuition fees, fees for extra tuition, other extras such as Residential charges, equipment, photographs or other items ordered by the Parents or the Pupil or charges arising in respect of educational visits, or damage where the Pupil alone or with others has caused wilful loss or damage to School property or the property of any other person (fair wear and tear excluded), or bank charges arising from default in Fees payment or late payment charges if incurred.
4.2 Payment of Fees: The Parents jointly and severally agree to pay the Fees applicable to each Term directly to the School. Except where a separate agreement has been made between the Parents and the School for the deferment of payment of Fees, Fees for each Term are due and payable as cleared funds before the commencement of the School Term to which they relate. If an item on the fees invoice is under query, the balance of that fees invoice must be paid.
4.3 Payment of Fees by a third party: An agreement with a third party (such as an employer, grandparent, step-parent without parental responsibility or third party credit provider) to pay the Fees or any other sum due to the School does not release the Parents from liability if the third party defaults and does not affect the operation of any other of these terms and conditions unless an express release has been given in writing, signed by the Director of Finance. The School reserves the right to refuse a payment from a third party.
4.4 Indemnity: The Parents shall indemnify the School against all losses, expenses (including legal expenses) and interest suffered or incurred by the School if the School is required to repay all or part of any sum paid to it by a third party credit provider on behalf of the Parents.
4.5 Refund or waiver: Save where there is a legal liability under a court order or under the provisions of this agreement to make a refund Fees will not be refunded or waived if:
4.5.1 the Pupil is absent through illness; or
4.5.2 a Term is shortened or a vacation extended; or
4.5.3 the School is temporarily closed due to adverse weather conditions; or
4.5.4 for any reason other than exceptionally and at the sole discretion of the Headmistress in a case of genuine hardship. See also Section 10 for information about events beyond the control of the parties.
4.6 Exclusion for non-payment: The School reserves the right to exclude the Pupil on three days’ written notice if Fees are overdue for payment. If the Pupil is excluded for a period of 28 days, he / she will be deemed withdrawn without Notice and a Term’s Fees in lieu of notice will be payable in accordance with Section 9. Exclusion in these circumstances is not a disciplinary matter and the right to a Directors’ Review will not normally arise. The School may withhold any information, character references or property while Fees remain overdue but will not do so in a way that would cause direct, identifiable and unfair prejudice to the legitimate rights and interests of the Pupil
4.7 Late payment: Simple interest may be charged on a monthly basis on Fees which are unpaid. The rate of interest charged will be at 2% per month accruing on a monthly basis which represents a genuine pre-estimate of the cost to the School of a default. The Parents shall also be liable to pay all costs, fees, disbursements and charges including legal fees and costs reasonably incurred by the School in the recovery of any unpaid Fees regardless of the value of the School’s claim.
4.8 Part-payment: Any sum tendered that is less than the sum due and owing may be accepted by the School on account only. Late payment charges may be applied to any unpaid balance of Fees, as set out in clause 4.7.
4.9 Appropriation: Save where the Parents expressly state the contrary, the School shall allocate payments made to the earliest balance on the Fees account. The Parents agree that a payment made in respect of one child may also be appropriated by the School to the unpaid account of any other child of the Parents.
4.10 Instalment arrangements: An agreement by the School to accept payment of current and / or past and /or future Fees by instalments is concessionary and will be subject to separate agreement(s) between the Parents and the School. Where there are inconsistencies between these terms and conditions and those of any instalment agreement or invoice issued by the School to the Parents (as applicable), the terms and conditions of the instalment agreement or the invoice shall prevail.
4.11 Fees in Advance: An arrangement under which a lump sum advance payment of Fees is made by or on behalf of the Parents will be the subject of a separate agreement.
4.12 Scholarships and bursaries: Every scholarship, bursary or other award or concession is a discretionary privilege, subject to high standards of attendance, diligence and behaviour on the Pupil’s part and to the Parents treating the School and its staff reasonably. The terms on which such awards are offered and accepted will be notified to Parents at the time of offer.
4.13 Fees increases: Fees are reviewed annually and are subject to increase from time to time. If the Parents receive less than a Term’s notice of a Fees increase of more than 10% they may give to the School written notice of withdrawal of the Pupil within 21 days and will not be liable to pay Fees in lieu of notice and the Returnable Deposit will be refunded without interest less any sums owing to the School. For the avoidance of doubt, the increase in fees between stages of the school, e.g. from Year One to Year Two, does not constitute an annual fee increase in the terms of this clause, as the increase in fees between Lower School and Upper School – and at other stages as appropriate – is clearly published in the School’s fees list.
4.14 Information about fees: The Parents’ consent to the School making enquiries of the Pupil’s previous schools for confirmation that all sums due and owing to such schools have been paid. The Parents also consent to the School informing any other school or educational establishment to which the Pupil is to be transferred if any Fees of this School are unpaid.
4.15 Anti-money laundering and anti-bribery: From time to time the School may need to obtain satisfactory evidence such as sight of a passport of the identity of a person who is paying Fees. The parties will comply with the School’s Policy on Anti-bribery, a copy of which is available from the School on written request.
5. Educational matters
5.1 Provision of education: The School will do all that is reasonable to provide an educational environment and teaching of a range, standard and quality which is suitable for each pupil and to provide education to at least the standard required by law in the particular circumstances. The School cannot guarantee that the Pupil will achieve his / her desired examination results or that results will be sufficient to gain entry to other educational establishments.
5.2 Organisation of the curriculum: We reserve the right to organise the curriculum and its delivery in a way which, in the professional judgement of the Headmistress, is most appropriate to the School community as a whole. Our policy on streaming, setting and class sizes may change from year to year and from time to time and will depend mainly on the mixture of abilities and aptitudes among the pupils. If the Parents have specific requirements or concerns about any aspect of the Pupil’s education or progress they should contact the Pupil’s teacher, or other appropriate member of staff, as soon as possible, or contact the Headmistress in the case of a serious concern.
5.3 Progress reports: The School shall monitor the Pupil’s progress and shall report regularly to the Parents by means of full annual written reports.
5.4 Sex education: The Pupil will receive health and life skills education appropriate to his / her age in accordance with the curriculum from time to time unless the Parents have given formal notice in writing that they do not wish the Pupil to take part in this aspect of the curriculum.
5.5 Public examinations: The Headmistress may, after consultation with the Parents and the Pupil, decline to enter the Pupil’s name for a public examination if, in the exercise of his / her professional judgement, the Headmistress considers that by doing so the Pupil’s prospects in other examinations would be impaired and / or if the Pupil has not prepared for the examination with sufficient diligence, for example, because the Pupil has not worked or practised in accordance with advice or instruction from his / her teachers.
5.6 Reports and references: Information supplied to the Parents and others concerning the progress and character of the Pupil, and about examination, further education and any references shall be given conscientiously and with all due care and skill but otherwise without liability on the part of the School.
5.7 Learning difficulties: The School shall do all that is reasonable to detect and deal appropriately with a learning difficulty which is considered to be a “special educational need”. The School members of staff are not, however, qualified to make a medical diagnosis of conditions such as those commonly referred to as dyslexia, or of other learning difficulties.
5.8 Screening for learning difficulties: The screening tests available to schools are indicative only: they are not infallible. The Parents will be notified if a screening test indicates that the Pupil may have a learning difficulty. A formal assessment can be arranged by the School at the Parents’ expense or by the Parents themselves.
5.9 Information about learning difficulties: The Parents shall notify the Headmistress in writing if they are aware or suspect that the Pupil (or anyone in his or her immediate family) has a learning difficulty and the Parents must provide the School with copies of all written reports and other relevant information. The Parents will be asked to withdraw the Pupil, without being charged Fees in lieu of notice if, in the professional judgement of the Headmistress and after consultation with the Parents and with the Pupil (where appropriate), the School is unable to provide adequately through reasonable adjustments for the Pupil’s special educational needs. The School reserves the right to charge for the provision of additional teaching.
5.10 Moving up the School: It is assumed that if the Pupil satisfies the relevant criteria at the time he / she will progress through the School and will ultimately complete Year 6. The Parents will be consulted before the end of the Spring Term if there appears to be any reason why the Pupil may be refused a place at the next stage of the School. The Parents must give a term’s notice in writing (i.e. before the end of the Spring Term) in accordance with the Provisions about notice in Section 9 below if they do not intend the Pupil to proceed to the next stage of the School, or a term’s Fees in lieu of notice will be payable.
5.11 School’s intellectual property: The School reserves all rights and interest in any copyright, design right, registered design, patent or trademark (intellectual property) arising as a result of the actions or work of the Pupil in conjunction with any member of staff and / or other pupils at the School for a purpose associated with the School. The School will acknowledge and allow to be acknowledged the Pupil’s role in the creation / development of intellectual property.
5.12 Pupil’s intellectual property: The Parents’ consent for themselves and (so far as they are entitled to do so) on behalf of the Pupil, to the School retaining the Pupil’s original work until, in the professional judgement of the Headmistress, it is appropriate to release the work to the Pupil. Work may be retained by the school. We will take reasonable care to preserve the Pupil’s work undamaged but cannot accept liability for loss or damage caused to this or any other property of the Pupil by factors outside the direct control of the Headmistress or staff.
5.13 Educational visits: A variety of educational visits will be provided for the Pupil. By signing the Acceptance Form or agreeing to be bound by these terms and conditions the Parents’ consent to the Pupil taking part in any educational visit. Educational visits which:
5.13.1 cost more than £50; or
5.13.2 require overseas travel; or
5.13.3 involve an overnight stay; or
5.13.4 occur during a weekend or School vacation; or
5.13.5 involve some element of high risk or adventure activity
5.13.6 if the Pupil in in the Early Years Foundation Stage will be subject to a separate agreement. The cost of such a visit will be payable in advance. The Pupil shall be subject to School discipline in all respects whilst engaged in an educational visit. All additional costs (such as medical costs, taxis, air fares, or professional advice) incurred to protect the Pupil’s safety and welfare, or to respond to breaches of discipline, will be added to the fees invoice. The School reserves the right to prevent the Pupil from taking part in an educational visit while overdue fees remain unpaid.
6. Pastoral care
6.1 The School’s commitment: We will do all that is reasonable to safeguard and promote the Pupil’s welfare and to provide pastoral care to at least the standard required by law in the particular circumstances. We will respect the Pupil’s human rights and freedoms which must, however, be balanced with the lawful needs and rules of the School community and the rights and freedoms of others.
6.2 Complaints: Any question, concern or complaint about the pastoral care or safety of a pupil or any educational issue or other matter connected to the School must be notified to the School as soon as practicable. A copy of the School’s complaints procedure can be supplied on request. See also clause 8.18.
6.3 Pupil’s rights: The Pupil, if of sufficient maturity and understanding, has certain legal rights that the School must observe. These include the right to give or withhold consent in a variety of circumstances and certain rights to confidentiality and, usually, the right to have contact with his / her parents. If a conflict of interest arises between the Parents and the Pupil, the rights of, and duties owed to, the Pupil will in most cases take precedence over the rights of, and duties owed to, the Parents.
6.4 Headmistress’ authority: The Parents authorise the Headmistress to take and / or authorise in good faith all decisions which the Headmistress considers on proper grounds will safeguard and promote the Pupil’s welfare. Please see Section 7.
6.5 Culture: The culture of the School is to foster good relationships between pupils and between members of staff and pupils. Bullying, harassment, victimisation and discrimination will not be tolerated. The School and its staff will act fairly in relation to the Pupil and the Parents and we expect the same of the Pupil and the Parents in relation to the School or its staff.
6.6 Physical contact: The Parents’ consent to such physical contact with the Pupil:
6.6.1 as may accord with good practice; or 6.6.2 as may be appropriate and proper for teaching and instruction; or
6.6.3 for providing comfort to the Pupil in distress; or 6.6.4 to maintain safety and good order; or
6.6.5 in connection with the Pupil’s health and welfare. The Parents also consent to the Pupil participating in contact and non-contact sports and other activities as part of the normal School programme or extra-curricular programme. The Parents acknowledge that while the School will provide appropriate supervision the risk of injury cannot be eliminated.
6.7 Disclosures: The Parents must, as soon as possible, disclose to the School in confidence:
6.7.1 any known medical condition, health problem or allergy affecting the Pupil;
6.7.2 any history of a learning difficulty on the part of the Pupil or any member of his / her immediate family;
6.7.3 any disability, special educational need or any behavioural, emotional difficulty and / or social difficulty on the part of the Pupil;
6.7.4 any family circumstances or court order which might affect the Pupil’s welfare or happiness;
6.7.5 any concerns about the Pupil’s safety;
6.7.6 any change in the financial circumstances of the Parents in receipt of a bursary from the School.
6.8 Confidentiality: The Parents authorise the Headmistress to override their own and (so far as they are entitled to do so) the Pupil’s rights to confidentiality, and to impart confidential information on a need-to-know basis where necessary to safeguard or promote the Pupil’s welfare or to avert a perceived risk of serious harm to the Pupil or to another person at the School. In some cases, members of staff may need to be informed of any particular vulnerability the Pupil may have. The School reserves the right to monitor the Pupil’s use in school of:
6.8.1 e-mail;
6.8.2 the internet; and 6.8.3 mobile electronic devices. See also the School’s policy on acceptable use of IT.
6.9 Special precautions: The Headmistress needs to be aware of any matters that are relevant to the Pupil’s safety and security. The Headmistress must therefore be notified in writing immediately of any court orders or situations of risk in relation to the Pupil for whom any special safety precautions may be needed. Parents may be excluded from School premises if the Headmistress, acting in a proper manner, considers such exclusion to be in the best interests of the Pupil or any other member of the School community.
6.10 Leaving School premises: The School will do all that is reasonable to ensure that the Pupil remains in the care of the School during School hours but we cannot accept responsibility for the Pupil if he / she leaves School premises in breach of School rules.
6.11 Residence during term time: The Pupil is required during term time to live with the Parents or a legal guardian. The Headmistress must be notified in writing immediately if the Pupil will be residing during term time under the care of someone other than the Parents.
6.12 Communications from parents: Communications or instructions from one of the Parents or any person with Parental Responsibility shall be deemed by the School to be received from both Parents. This requirement does not apply to the giving of notice for the cancellation of the place or the withdrawal of the Pupil from the School. Those persons who are required to consent to or to give notice of cancellation or withdrawal are set out in clause 9.2.
6.13 Method of communication: Unless otherwise agreed by the School, we will communicate with you by telephone, letter or email. 6.14 Absence of parents: When both Parents will be absent from the Pupil’s home overnight or for a 24 hour period or longer, the School must be told in writing the name, address and telephone number for 24 hour contact with the adult who will have the care of the Pupil.
6.15 Photographs or images including video: By signing the Acceptance Form or agreeing to these terms and conditions the Parents’ consent to the School obtaining and using photographs or images including video of the Pupil for:
6.15.1 use in the School’s promotional material such as the prospectus, the website or social media;
6.15.2 press and media purposes;
6.15.3 educational purposes as part of the curriculum or extra-curricula activities
6.15.4 internal distribution including newsletters and displays
6.15.5 sharing with other parents in electronic format We would not disclose the home address of the Pupil without the Parents’ consent. If the Parents do not want the Pupil’s photograph or image including video to appear in any of the above mentioned ways they must make sure the Pupil knows this and must notify the Headmistress in writing immediately, requesting an acknowledgement of their letter.
6.16 Transport: The Parents’ consent to the Pupil travelling by any form of public transport and / or in a motor vehicle driven by a responsible adult who is duly licensed and insured to drive a vehicle of that type.
6.17 Pupil’s personal property: The Pupil is responsible for the security and safe use of all his / her personal property including money, watches, musical instruments and sports equipment, and for property lent to them by the School.
6.18 Insurance: The Parents are responsible for insurance of the Pupil’s personal property whilst at School or on the way to and from School or any School activity away from School premises.
6.19 School’s liability: Unless negligent or guilty of some other wrongdoing causing injury, loss or damage, the School does not accept responsibility for accidental injury or other loss caused to the Pupil or the Parents or for loss or damage to property.
7. Health and medical matters
7.1 Medical declaration: The Parents will be asked to complete a Medical Form concerning the Pupil’s health and must inform the Headmistress in writing if the Pupil develops any known medical condition, health problem or allergy, or will be unable to take part in games or sporting activities, or has been in contact with anyone with an infectious or contagious disease.
7.2 Emergency medical treatment: The Parents authorise the Headmistress to consent on their behalf to the Pupil receiving emergency medical treatment including blood transfusions within the United Kingdom, general anaesthetic and operations performed by the National Health Service or at a private hospital and where certified by an appropriately qualified person as necessary for the Pupil’s welfare and if the Parents cannot be contacted in time.
8. Behaviour and discipline
8.1 School regime: The Parents accept that the School will be run in accordance with the authorities delegated by the Governing Body to the Headmistress. The Headmistress is entitled to exercise a wide discretion in relation to the School’s policies, rules and regime and will exercise those discretions in a reasonable and lawful manner, and with procedural fairness when the status of the Pupil is at issue.
8.2 Conduct and attendance: We attach importance to courtesy, integrity, good manners, good discipline and respect for the needs of others. The Parents warrant that the Pupil will take a full part in the activities of the School, will attend each School day, will be punctual, will work hard, will be well-behaved and will comply with the school rules about the wearing of uniform and general appearance.
8.3 School rules: The school rules which apply are set out in the Parent Handbook and other documents published from time to time. The Parents are requested to read these documents carefully with the Pupil before they accept the offer of a place.
8.4 School discipline: The Parents accept the authority of the Headmistress and of other members of staff on the Headmistress’s behalf to take all reasonable disciplinary or preventative action necessary to safeguard and promote the welfare of the Pupil and the School community as a whole. The School’s disciplinary policy which is current at the time and published on the School website applies to all pupils when they are on School premises, or in the care of the School, or wearing School uniform, or otherwise representing or associated with the School.
8.5 Investigative action: A complaint or rumour of misconduct will be investigated. The Pupil may be questioned and his / her belongings may be searched in appropriate circumstances. All reasonable care will be taken to protect the Pupil’s human rights and freedoms and to ensure that the Parents are informed as soon as reasonably practicable after it becomes clear that the Pupil may face formal disciplinary action, and also to make arrangements for the Pupil to be accompanied and assisted by the Parents, or a teacher of the Pupil’s choice.
8.6 Procedural fairness: Investigation of a complaint that could lead to expulsion, removal or withdrawal of the Pupil in any of the circumstances explained below shall be carried out in a fair and unbiased manner. All reasonable efforts will be made to notify the Parents so that they can attend a meeting with the Headmistress before a decision is taken in such a case. In the absence of the Parents, the Pupil will be assisted by an adult (usually a teacher) of his / her choice.
8.7 Divulging information: Except as required by law, the School and its staff shall not be required to divulge to the Parents or others any confidential information or the identities of pupils or others who have given information which has led to the complaint or which the Headmistress has acquired during an investigation.
8.8 Sanctions: The School’s current policies on sanctions are available to the Parents on request before they accept the offer of a place. Those policies may undergo reasonable change from time to time but will not authorise any form of unlawful activity. Sanctions may include a requirement to undertake menial but not degrading tasks on behalf of the School, withdrawal of privileges or suspension, or alternatively being removed or expelled.
8.10 Definitions of sanctions: The definitions in this clause apply in these terms and conditions. Expulsion (Permanent Expulsion): means that the Pupil is required to leave the School permanently in circumstances described in clause
8.11 Removal: means that the permanent removal of the Pupil from the School is required in circumstances described in clause 8.13 Suspension (Temporary Exclusion): means that the Pupil is sent or released home for a limited period as either a disciplinary sanction or pending the outcome of an investigation or pending a Directors’ Review. Withdrawal: has the meaning set out in clause 9.10. 8.11 Expulsion: The Pupil may be formally expelled from the School if it is proved on the balance of probabilities that the Pupil has committed a very grave breach of discipline or a serious criminal offence. Expulsion is reserved for the most serious breaches. The Headmistress shall act with procedural fairness in all such cases. The Headmistress’s decision to expel shall be subject to a Directors’ Review if requested by the Parents. The Parents will be given a copy of the Review procedure current at the time. The Pupil shall be suspended from the School pending the outcome of the Review. See clause 8.16 and clause 8.17.
8.12 Fees following expulsion: If the Pupil is expelled, there will be no refund of the Returnable Deposit or of Fees for the current or past terms. There will be no charge to Fees in lieu of notice but, save for any contrary provisions in any other agreement made between the Parents and the School, all arrears of Fees and any other sums due to the School will be payable.
8.13 Removal in other circumstances: The Parents may be required to remove the Pupil permanently from the School if, after consultation with the Parents and if appropriate the Pupil, the Headmistress is of the opinion that:
8.13.1 by reason of the Pupil’s conduct, behaviour or progress, the Pupil is unwilling or unable to benefit sufficiently from the educational opportunities and / or the community life offered by the School; or
8.13.2 if the Parents have treated the School or members of its staff unreasonably; then in these circumstances, and at the sole discretion of the Headmistress, Withdrawal of the Pupil by the Parents may be permitted as an alternative to Removal being required. The Headmistress shall act with procedural fairness in all such cases, and shall have regard to the interests of the Pupil and the Parents as well as those of the School. The Headmistress’s decision to require the Removal of the Pupil shall be subject to a Directors’ Review if requested by the Parents. The Parents will be given a copy of the Review procedure current at the time. The Pupil shall be suspended from the School pending the outcome of the Review. See clause 8.16 and clause 8.17.
8.14 Fees following removal: If the Pupil is removed or withdrawn in the circumstances described in clause 8.13, the provisions relating to Fees shall be as set out in clause 8.12 save that the Returnable Deposit will be refunded without interest less any sums owing to the School.
8.15 Leaving status: The School reserves the right to record the leaving status of the Pupil on the Pupil’s file immediately after Expulsion or Removal or Withdrawal.
8.16 Directors’ review: The Parents may request a review by Directors (Directors’ Review) of a decision to expel or require the removal of the Pupil from the School (but not a decision to suspend the Pupil unless the suspension is for 11 School days or more). The request shall be made as soon as possible and in any event within seven days of the Headmistress’s decision being notified to the Parents. The Parents will be entitled to know the names of the Directors who make up the review panel and may ask for the appointment of an independent panel member nominated by the Chair of the Directors and approved by the Parents, such approval not to be unreasonably withheld.
8.17 Review procedure: The Headmistress will advise the Parents of the procedure (current at that time) under which a Directors’ Review shall be conducted by a panel of two Directors (including an independent member if requested). If the Parents request a Directors’ Review, the Pupil will be suspended from School until the review procedure has been completed. While suspended, the Pupil shall remain away from School and will have no right to enter School premises during that time without written permission from the Headmistress. A Directors’ Review will be conducted under fair procedures in accordance with the requirements of natural justice.
8.18 Complaints procedure: A complaint about any matter of School policy or administration not involving an Expulsion or Removal of the Pupil must be made in accordance with the School’s complaints procedure, a copy of which is available on request. Every reasonable complaint shall receive fair and proper consideration and a timely response.
9. Provisions about notice
9.1 Term: means the period between and including the first and last days of the relevant school term.
9.2 Notice: means (unless the contrary is stated in these terms and conditions) a term’s written notice given by:
9.2.1 both Parents; or
9.2.2 one of the Parents with the prior written consent of the other parent; and
9.2.3 any other person with Parental Responsibility before or on the last day of Term preceding the full term’s notice addressed to and received by the Headmistress personally. It is expected that the Parents will consult with the Headmistress before giving Notice to withdraw the Pupil.
9.3 A Term’s Written Notice: means Notice given on or before the last day of a Term and expiring at the end of the following Term. A Term’s Written Notice must be given if:
9.3.1 the Parents wish to cancel the place after acceptance; or
9.3.2 the Parents wish to withdraw the Pupil who has entered the School; or
9.4 Provisional notice: is valid only for the term in which it is given and only when in writing. Unlike a firm notice of the intention to remove a pupil, provisional notice is only accepted at the absolute discretion, in writing, of the Headmistress personally or the Headmistress’s deputy duly authorised for this purpose.