A checklist of issues to consider before the end of the academic year

We set out below some issues for consideration:

Terms and Conditions

• Ensure your terms and conditions and contractual documents are all up to date, still accurately reflect your processes and procedures, and include everything which has been agreed between the school and the parents. Have any issues arisen during the course of the last year which mean your terms and conditions need to be reviewed and updated? Are any new contractual documents required?
• Check any updated terms and conditions and contractual documents have been correctly incorporated into the agreement between the school and the parents. This is important as the contract between the school and parents could be in place for in excess of 5 years.

School leavers

• If a parent wishes to remove a child from the school check your terms and conditions to ensure the correct notice period has been given, paying particular attention to the circumstances of the removal. Your terms and conditions may require different notice periods for those pupils who are due to take up a place in September to those who are already pupils at the school.
• Check parents have settled the fees due in advance for the new term and/or that all leaver invoices have been settled in full.
• In the event that invoices are unpaid, establish as soon as possible the reason behind the non-payment. If the reason for non-payment is because payment is disputed, establish why and consider whether a meeting between the school and parents could resolve the dispute.  It will be in the school’s interest to ensure that all invoices have been settled before the new academic year starts and further fees become due for payment.
• If invoices are unpaid, consider whether a repayment plan is appropriate (which may be increasingly prevalent this year with the ongoing cost-of-living crisis). If a repayment plan is needed its terms will need to be recorded in writing and ideally in a formal acknowledgment of debt and repayment agreement.
• If unpaid invoices cannot be resolved consideration may need to be given to whether a pupil will be allowed to return for the new academic year, bearing in mind the notice the school will need to give to parents in these circumstances and the interests of the individual pupil involved.

Terminating and entering into new contracts with third parties

• Ensure you are aware of all contracts which are in place with third parties. Are all of these contracts still required, are you receiving the service you expected and will your requirements in relation to the services being provided change in the forthcoming academic year?
• Make sure you fully understand both parties’ duties under all contracts with third parties, i.e. what the contract will deliver, the school’s obligations under the contract, what will happen in default, and how the contract can be terminated.
• Check the termination provisions of any contracts/agreements you are considering terminating as early as possible. To ensure a valid termination notice has been prepared, consider what notice is required, how the notice period is calculated and how the termination notice must be served.
• Be prepared for the consequences if you terminate a contract, i.e. has an alternative contractor been sourced, has the transition been agreed, and how will existing relationships be affected.
• If you are entering into new contracts consider, who are you contracting with and key clauses and terms, such as price, payment, termination and renewal terms. Check the language is clear and unambiguous and make a note of important dates and deadlines.

Our Disputes team regularly works with education providers seeking to resolve a variety of issues, from supplier disputes to tackling unpaid fees. Our Corporate & Commercial team can also help with drafting contracts and terms and conditions. If you need help, please get in touch.