Standard terms and conditions
Introduction
These are the terms and conditions on which we provide educational services.
Please read these terms carefully before you accept our offer of a place at the School for your child. These terms tell you who we are and how and on what basis the School will provide educational services.
If you think there is a mistake in these terms, or if anything in these terms is unclear or you would like to have something further explained to you, then please contact Wendy Burton at trjunior@trevor-robertsschool.co.uk to discuss.
1. Definitions
1.1 In these terms and conditions some words and phrases have particular meanings and it is helpful to ensure certainty and consistency to have them defined. Such defined terms are set out below and when used in these terms and conditions they shall have the meaning given to them here.
“Acceptance Form” means the form provided by the School for parents to complete when accepting a place for their child at the School;
“child” means a child of whatever age admitted by the School to be educated;
“Complaints Procedure” means the School’s procedure for handling complaints from parents, as amended from time to time for legal or other substantive reasons or in order to assist the proper administration of the School. It is not intended to form part of the contract between you and the School. A copy of the most up-to-date procedure is available from the School at any time upon request;
“contract” has the meaning given in Clause 1.3 below;
“fees” means the termly fees set out in the Schedule of Fees;
“Head” means the person responsible for (or to share in the responsibility for) the day-to-day running of the School, including anyone to whom such duties have been delegated;
“Schedule of Fees” means the note of the School’s prevailing fees notified to parents from time to time, a copy of which is available from the School at any time upon request;
“School Rules” means the body of rules and policies of the School which set out our expectations concerning conduct and behaviour, as may be amended from time to time for legal, safety or other substantive reasons, or in order to assist the proper administration of the School. A copy of the documents comprising the rules is available from the School at any time upon request;
“term” means a term of the School as notified to parents from time to time;
“a term’s notice” means written notice given not later than the first day of the term before the term to which the notice relates. For example, a term’s notice is required to withdraw your child from the School. So, if you wish to withdraw your child with effect from the start of the summer term, a term’s notice means you need to tell us in writing about the withdrawal, at the latest, on the first day of the spring term immediately before. This is because the summer term is the term to which the notice relates;
“terms and conditions” means these terms and conditions as may be amended from time to time;
“we” or the “School” means the legal entity carrying on as Trevor-Roberts School
“you” or the “parents” means each person who has signed the Acceptance Form as a holder of parental responsibility for the child.
In these terms and conditions we sometimes provide illustrative examples to try and provide you with a better understanding of what we are referring to. We do this by using the words “for example“, “includes” or “including“. The examples that are then given are not exclusive or limiting examples of the matter in question.
1.2 We are Trevor-Roberts School Ltd, a company registered in England and Wales. Our registered office is at 55/57 Eton Avenue, London, NW3 3ET.
1.3 The Acceptance Form, the Schedule of Fees, and these terms and conditions (as in each case may be amended from time to time) form the terms of the contract between you and the School. It is not intended that the terms of this contract shall be enforceable by your child or by any other third party.
2. Acceptance
An offer of a place for your child at the School is accepted by your submitting the completed Acceptance Form and a copy of your child’s birth certificate.
3. Withdrawing your Acceptance of a Place before your child joins the School
If you wish to withdraw your acceptance of a place BEFORE your child starts at the School you must pay to the School a term’s fees in lieu of notice. A term’s fees will be payable by you and will become due and owing to the School upon demand as a debt.
The term’s fees will be charged at the rate applicable for the term immediately preceding the term when your child was due to start.
4. School Fees, Supplemental Charges and Payment
4.1 Unless set out in the Schedule of Fees or notified to you at any time, the fees include the costs we incur in the usual course of educating your child.
4.2 We refer to any items or services charged to you in addition to the fees as supplemental charges. These will be the cost of any residential trip in which you agree your child may participate and the cost of any external examinations. These will be supplemental to items met by the fees and charged for accordingly.
4.3 Each of you who has signed the Acceptance Form is liable for and must ensure that all of the fees and supplemental charges due are paid to the School. This is because our contract applies to both of you together and each of you on your own. Each parent who signs the Acceptance Form therefore has an individual responsibility to ensure that, individually or between them, the fees and supplemental charges owing to the School are paid. In practice this means that if fees or supplemental charges have not been paid then in order to recover the outstanding payments, the School can, in its discretion, choose to seek payment of the amount outstanding from either parent or both parents. Court orders (for example, where parents are separated or divorced) and other arrangements between parents or third parties relating to fees do not normally bind or apply to the School, and do not extinguish either parent’s liability for the fees and supplemental charges due under this contract.
4.4 The annual fees are divided into three equal parts and are charged separately on a termly basis, regardless of the length of any term. Each term’s fees fall due for payment by you on the first day of that term. Each term’s fees will be included in an invoice sent to you. The fees must be paid in full by direct debit or direct bank transfer on or before the first day of the term to which the invoice relates.
4.5 If you do not make any payment to the School by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3 percent a year above the base rate from time to time of the School’s bank. Unless we tell you otherwise in writing, this interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after we obtain a court judgment against you. You must pay the School the interest together with the overdue amount.
4.6 You will be responsible for paying the costs we incur in recovering, or attempting to recover, any unpaid fees or supplemental charges from you (including reasonable legal costs).
4.7 We may inform any other school or educational establishment to which you propose to send your child of any outstanding fees or supplemental charges.
4.8 We will review our fees during the course of your child’s education (usually annually) and may increase them. Notice of an increase in the fees will be sent to you before the end of the term before the increase is to take effect. For example, if the fees are to increase at the start of the autumn term, we will notify you before the end of the preceding summer term.
4.9 Fees will not be reduced or refunded as a result of absence due to illness or otherwise, or as a result of your child being required to study from home as a result of us providing educational services remotely for whatever reason. If your child takes study leave at home before or during examinations, or stays at home following those examinations, or if a term is shorter than others (or shortened), no reduction of fees will be made in respect of any periods spent at home.
4.10 From time to time we may ask you to provide us with sufficient information so that we can properly and accurately verify to our satisfaction:
4.10.1 your identity;
4.10.2 your child’s identity;
4.10.3 that you are not subject to, or within the purview of, any national or international financial, economic, trade, travel or other similar sanctions imposed by any competent authority;
4.10.4 your child’s right to enter, live and study in the United Kingdom; and
4.10.5 the legitimate source of funds you are using to pay the fees.
You must provide the School with the information and documentation we ask for.
4.11 Except where expressly agreed with you otherwise, the School shall be entitled to allocate payments from you to your account as it sees fit. For example, the School shall be entitled to allocate a payment made in respect of one child to the unpaid account of any other child of yours at the School.
4.12 We only accept payment of fees from a Pound Sterling denominated UK bank account.
5. Music
Individual music lessons given to pupils privately for learning to play musical instruments are available. These are invoiced separately by the music teacher and fees are payable to the music teacher directly.
6. Notice Requirements
6.1 If you wish to withdraw your child from the School other than at the normal leaving date (which is at the end of year 8/Primus), you must either give us a term’s notice to that effect or pay to the School a term’s fees in lieu of notice, at the rate that would have been charged for the final term of provision if a term’s notice had been given. This means that if, for example, you wish to withdraw your child with effect from the start of the autumn term (i.e, at the start of an academic year) then you would need to tell us in writing that you wish to withdraw your child on or before the first day of the preceding summer term (i.e, the final term of the preceding academic year) or pay the fees in lieu of notice referred to above.
6.2 It is not possible for you to reduce the amount of fees or to obtain a refund of fees by withdrawing your child part-way through a term.
7. School Rules
It is a condition of remaining at the School that you and your child (in each case to the extent applicable) comply with the School Rules. The School Rules are set out in the School’s Pupil Behaviour Policy, a copy of which is available upon request. In addition, you must ensure that your child attends School punctually and that your child conforms to any rules of appearance, dress and behaviour as we may issue (if not already included within the School Rules).
8. Suspension, Exclusion and Required Removal
8.1 The Head may in his or her discretion suspend or, in serious or persistent cases, exclude your child from the School if the Head considers that your child’s conduct or behaviour (including behaviour or conduct outside school) is unsatisfactory and/or the suspension or exclusion is in the School’s best interests and/or those of your child or other children.
8.2 The School’s Exclusion Policy (a copy of which is available upon request) sets out examples of behaviour likely to be punishable by suspension or exclusion. These examples are not exhaustive and the Head may decide that suspension or exclusion for a lesser offence is justified where there has been previous misbehaviour. All aspects of your child’s record at the School may be taken into account.
8.3 Instead of exclusion or suspension, the Head may in his or her discretion require you to remove your child from the School if the Head considers that:
8.3.1 your behaviour or conduct (or the behaviour or conduct of one of you): is unreasonable; and/or adversely affects (or is likely to adversely affect) your child’s or other children’s progress at the School, or the wellbeing of School staff; and/or brings (or is likely to bring) the School into disrepute; and/or is not in accordance with your obligations under this contract; or
8.3.2 your child’s attendance or progress at the School is unsatisfactory and/or in the reasonable opinion of the Head, the removal is in the School’s best interests and/or those of your child or other children.
8.4 Should the Head exercise his or her right under either Clause 8.1 or Clause 8.3 above:
8.4.1 you will not be entitled to any refund or remission of fees (whether paid or payable) in or relating to the term in which your child is excluded, suspended or removed;
8.4.2 in respect of exclusions and required removals, fees in lieu of notice will not be payable
8.5 This contract will terminate with immediate effect if your child is excluded or if you are required to remove your child from the School.
8.6 You are entitled to have any decisions taken by the School and/or Head to exclude or require the removal of your child under this Clause 8 reviewed. Any such review will be governed by the school’s Exclusions Policy.
9. The School’s Obligations
9.1 Subject to these terms and conditions, the School will accept your child as a pupil of the School and register your child on the School’s statutory register from the time of joining the School until the end of his or her preparatory schooling.
9.2 While your child remains a pupil of the School, we will exercise reasonable skill and care in respect of his or her education and welfare. This obligation will apply during school hours and at other times when your child is permitted to be on School premises or is participating in activities organised by the School. We cannot accept any responsibility for the welfare of your child while off the School premises unless he or she is taking part in a school activity or is otherwise under the direct supervision of a member of School staff.
9.3 Unless you notify us to the contrary, you consent to your child participating, under supervision, in contact sports and in other sports and activities which may entail some risk of physical injury. You also consent to your child participating in trips and visits organised in the normal course of your child’s schooling.
9.4 If your child requires urgent medical attention while under the School’s care we will try to contact you and, if practicable, we will share information from your child’s medical file with the doctor or other medical practitioner.
9.5 Our website and prospectus describe the broad principles on which the School is presently run. However, from time to time it may be necessary to make changes to any aspects of the School, including to the curriculum or to the manner of providing education for your child (including by providing such education remotely whilst your child remains at home, for example, where the School is required to close the School premises).
9.6 Where practicable, we will give you notice of any planned changes that we regard as significant to your child’s education prior to the end of term before the change is to take effect. For example, if a change is to take effect at the start of the autumn term, we would notify you before the end of the preceding summer term.
9.7 We will monitor your child’s progress at the School and produce regular written reports. We will advise you if we have any serious concern about your child’s progress but we do not undertake to diagnose dyslexia, ADHD, or other conditions. A formal assessment can be arranged either by you or by the School at your expense.
9.8 Religious observance, relationships and sex education (RSE) and health education at the School will be conducted in accordance with the School’s policies (copies available upon request).
10. The Parents’ Obligations
10.1 In order to fulfil our obligations under this contract and to maintain a constructive relationship with you, we, the Head and School staff, need your co-operation.
10.2 You must co-operate with the School and School staff in good faith, including by:
10.2.1 maintaining a constructive relationship with School staff, acting reasonably, and ensuring the tone, content, volume and/or nature of your communications with the School are reasonable and appropriate;
10.2.2 encouraging your child in his or her studies, and giving appropriate support at home;
10.2.3 keeping the School up-to-date and informed about matters which affect or may affect your child (including circumstances which arise at any time that affect or may affect your ability to pay the fees and supplemental charges, as well as any changes to their immigration status);
10.2.4 ensuring that all details or other information notified or otherwise disclosed to the School about you and/or your child are accurate, truthful and not misleading and that relevant details and information (or changes to them) are not withheld;
10.2.5 providing cooperation and assistance to the School so that your child can participate in, and benefit from, the School’s provision of education; and
10.2.6 attending meetings and keeping in touch with the School where your child’s interests so require.
10.3 You must inform the School of any health or medical condition, special educational need(s), disability or allergies that your child has at the time of joining the School or which subsequently change or develop after joining the School, whether underlying, long-term, or short-term, including any infections. You must also provide us, whether upon further request by the School or otherwise, with any reports or other materials relevant to any of the same and cooperate with the School in relation to such reports and materials.
10.4 If the School so requires due to a health risk, either presented by your child to others or presented to your child by others, or by reason of a virus, pandemic, epidemic or other health risk, you may be required to keep your child at home and not permit him/her to return to the School until such time as the health risk has passed. Where it is considered appropriate, we will try to continue providing education to your child remotely during such period (including, for example, by sending you/your child work assignments electronically).
10.5 You must inform the School of any situations where special arrangements may be needed for your child, including for their education or welfare.
10.6 You must inform the School if, at any time prior to or during your child’s time at the School, a court order is put in place or an undertaking is given to a court in respect of (or relating to) your child’s attendance at the School and/or the School’s provision of education to your child. This would include any court order or undertaking given to a court which may deal with or impact upon in any way: (i) your child’s living and/or contact arrangements; (ii) your child’s education, welfare and/or upbringing; (iii) the payment of fees and/or supplemental charges; and/or (iv) your exercise of parental responsibility in respect of your child. In any such circumstances you must (whether upon request or otherwise) promptly provide the School with relevant information, including copies of the relevant court order(s) or undertaking(s) (or the relevant parts of them) having obtained the permission of the court if necessary.
10.7 You (and each of you as the holders of parental responsibility for your child) acknowledge and agree that the School is entitled to assume that you have consulted with each other so far as significant decisions regarding your child are concerned. Accordingly, you (and each of you) accept that the School is entitled to treat:
10.7.1 any instruction, authority, request or prohibition received from one of you as having been given on behalf of both of you; and
10.7.2 any communication from the School to one of you as having been given to both of you.
10.8 Pupils are expected to attend school each working day of each school term. The School must be informed by 9 a.m. or as soon as possible of any reason for your child’s absence from School. You can do this by contacting either school office. The School’s prior consent must be obtained for any absence from the School for a pupil to go on holiday during the school term.
10.9 If at any time during your child’s time at the School you (or either of you) will not be in the United Kingdom at any time or will otherwise be absent from your main residential address for a period of longer than three (3) consecutive school days then you must inform the School in writing and provide the details required by the School as a result, including the name and contact details for a ‘responsible adult’ for the period of your absence.
10.10 If you have cause for concern as to a matter of safety, care, discipline or progress of your child you must inform the School without undue delay. Complaints should be made in accordance with the School’s Complaints Procedure.
11. Insurance
You must make your own insurance arrangements if you require cover for your child or their property while at School or for the payment of fees due to absence of your child or closure of the School premises. Your child is included in a personal accident insurance scheme, the charge for which is included in the fees.
12. How we may use Personal Information: References, Confidentiality and Data Protection
12.1 We may supply information and a reference in respect of your child to any educational institution which you propose your child may attend. Any reference supplied by us (or received by us) will be confidential. We will take care to ensure that all information that is supplied by us relating to your child is accurate and any opinion given on his/her ability, aptitude for certain courses and character is fair. However, we cannot be responsible for any loss you or your child is alleged to have suffered resulting from opinions reasonably given, or correct statements of fact contained, in any reference or report given by us.
12.2 We will need to use information relating to your child, and to you, for certain purposes connected with the running of the School. This will include names, contact details, school records, photographs and audio-visual recordings, both whilst your child is at the School and after he or she has left, for the purposes of:
12.2.1 managing relationships between the School and current pupils/parents and fulfilling our obligations to you, including educational and examination purposes, safeguarding, statutory reporting, health and safety, complaints, administration and processing of fees; and
12.2.2 promoting the School to prospective pupils/parents, publicising the School’s activities, and communicating with the school community and the body of former pupils.
In respect of sub-clause 12.2.2, this includes use of such information by the School in/on the School’s prospectus (in whatever format or medium it is produced/made available) and the School’s website.
12.3 You must:
12.3.1 confirm (or update, if necessary), when requested, such information (and/or documentation) about you and/or your child that is held by the School; and
12.3.2 inform the School of any change to your or your child’s circumstances (including, where applicable, in connection with your child’s entitlement to enter, reside and/or study in the United Kingdom), or information about you or your child that has previously been notified to the School, including relevant contact details.
12.4 The School will process personal data about you and your child in accordance with data protection law, including the UK General Data Protection Regulations and the Data Protection Act 2018 (each as amended or superseded) and other related legislation. We will process such personal data:
12.4.1 as set out in this Clause 12, and in the School’s ‘Privacy Notice’ as may be amended from time to time;
12.4.2 in order to comply with any court order, request from or referral to an appropriate authority, or legal, regulatory or good practice requirement; and
12.4.3 to perform our obligations under this contract, and where otherwise reasonably necessary for the School’s purposes.
13. Changes in Ownership, etc
We may transfer our rights and obligations under this contract to another person or organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this contract.
14. Ending this Contract
14.1 In addition to where this contract is terminated automatically as a result of an exclusion or required removal under Clause 8, the School may end this contract at any time by notice in writing to you, without any obligation to return any fees to you, if:
14.1.1 you do not make a payment to us when it is due and you still do not make payment within 14 days of us reminding you that such payment is due;
14.1.2 you (or either of you) make a serious misrepresentation of facts or circumstances to us, or you (or either of you) withhold important information from us, about you and/or your child or that is relevant to the provision of education by the School to your child (such as misrepresenting at any point in time (and whether by act, omission or withholding of information on your part) that your child is legally entitled to enter and study in the United Kingdom when in fact your child is not or any information about your child’s health, medical condition, special educational needs, disability or allergies);
14.1.3 you fail or refuse to provide us at any time with information we require under Clause 4.10 to verify to our satisfaction: your identity; your child’s identity; your child’s right to enter and study in the United Kingdom; the legitimate source of funds you are using to pay the fees; that you are not subject to any sanctions; or, in light of the information you do provide (if any), we are not satisfied that it properly and accurately verifies any of the foregoing. Instead of ending this contract, we may otherwise refuse to allow your child to attend school until the relevant satisfactory information has been provided;
14.1.4 your child no longer holds an immigration status which confers a right to enter and study in the UK and you have been unable to resolve this issue within a reasonable timeframe;
14.1.5 you (or either of you):
(a) are unable, following our request, to demonstrate that you will be able to pay the fees and supplemental charges due under this contract;
(b) repeatedly or persistently fail to pay the fees when they fall due for payment;
(c) are otherwise unable to pay your debts as they fall due;
(d) are the subject of a bankruptcy petition or order; or
(e) you enter into an individual voluntary arrangement.
14.1.6 you otherwise do not comply with (i.e. you breach) your obligations under this contract such that we have a legal right to end the contract because of something you have done wrong or, in the Head’s reasonable discretion, the School is not able to provide, or is compromised in providing, the educational services it needs to in satisfaction of its obligations under this contract.
14.2 You may end this contract at any time by notice in writing to the School if:
14.2.1 you have a legal right to end the contract because of something we have done wrong; or
14.2.2 the School becomes insolvent or goes into liquidation or receivership or administrative receivership or is wound-up for any reason.
14.3 For the avoidance of doubt and without us having to provide you with notice, this contract shall end at the end of your child’s schooling (normally at the end of year 6 or year 8).
14.4 Once this contract ends, it will not affect any legal rights or obligations that either you or we have that may already have arisen, for example your obligation to pay any outstanding invoices, fees, or supplemental charges. After this contract ends, you and the School will keep any rights each has under, or as a matter of, general law.
15. Events outside of our, or your, control
15.1 We mean by the above any event beyond either your or our reasonable control including acts of God, war, riot, civil commotion, compliance with any law or governmental order, rule, regulation, guidance or direction (including that of a local authority), accident, fire, flood, storm, pandemic or epidemic of any disease, terrorist attack, chemical or biological contamination. In the remainder of this Clause 15 we shall refer to such events outside of our/your control as an “event“.
15.2 If an event arises which prevents or delays the School’s performance of any of its obligations under this contract, the School will give you notice in writing specifying the nature and extent of the circumstances giving rise to the event. Provided that the School has acted reasonably and prudently to prevent and/or minimise the effect of the event, the School will not be responsible for not performing those of our obligations which are prevented or delayed by, and during the continuance of, the event. To the extent reasonably practicable in the circumstances the School shall try during the continuance of the event to continue to provide educational services (including by providing appropriate educational services remotely).
15.3 If the School is wholly and completely prevented from performing all of its obligations as a result of an event (and is unable to provide educational services remotely) for a continuous period of more than six (6) months, the School shall notify you of the steps it plans to take to ensure performance of the contract after such period and you shall then, following receipt of such notice, be entitled to end this contract on written notice to the School and without giving a term’s notice or paying fees in lieu of notice.
16. Communications between you and the School
16.1 When this contract requires you or the School to give notice of something to the other then, unless we agree otherwise, this should be done in writing.
16.2 Communications (including notices) will be sent by the School to you at the address(es) shown in our records or using your other contact details included in our records. You must notify the School of any change of address or other contact details.
16.3 Notices that you are required to give under these terms and conditions must be in writing addressed to the Head and either:
16.3.1 sent by email to the School using this email address: trjunior@trevor-robertsschool.co.uk ;
16.3.2 delivered by hand to the School;
16.3.3 sent to the School by recorded or other form of registered post requiring a signature upon receipt as proof of delivery; or
16.3.4 otherwise sent to the School’s address by first or second class post.
17. Vehicular access
Vehicles are not permitted in the school drive, either to park or to drop or collect children, unless expressly authorised by the Head.
18. The Law that applies to this contract and where legal proceedings may be brought
18.1 The contract between you and the School is governed by English Law and either you or the School must bring legal proceedings in respect of this contract in the English courts.
18.2 If we choose not to enforce any part of this contract, or delay enforcing it, this will not affect our right to enforce the same part later (or on a separate occasion) or the rest of this contract. If we cannot enforce any part of this contract, this will not affect our right to enforce the rest of this contract.
19. Changes to these Terms and Conditions
We reserve the right to change or add to these terms and conditions from time to time for legal, safety or other substantive reasons or in order to assist the proper delivery of education at the School. The School will send you notice of any such modifications prior to the end of the term before the modifications are to take effect. For example, if the updated terms and conditions are to take effect at the start of the autumn term, we will notify you before the end of the preceding summer term.
December 2022