1 Terms and conditions: These terms and conditions reflect the custom and practice of independent schools for many generations and together with the letter of offer, the Conditions of Award if applicable, the confirmation form and 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 Eagle House School.
2 Variations: these terms and conditions, the Conditions of Award (if applicable) and the fees list are subject to change from time to time to reflect changes in the law or in custom and practice at the School.
3 Fees & Notice: The rules concerning Fees and Notice are of particular importance and are set out at Sections I & H below.
4 Managing change: Eagle House 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 K for further details of the changes that may be made and the consultation and notice procedures that will apply.
5 The School or We or Us: means Eagle House School, part of The Wellington College, as now or in the future constituted (and any successor). The Wellington College is constituted as a charitable company founded by Royal Charter and is made up of two schools, Eagle House School and Wellington College. These terms and conditions relate to Eagle House School. Wellington College has separate terms and conditions for its parents and pupils.
6 School Governors or Governing Body: means the Governors 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.
7 The Head: means the Head of the School as appointed by the School Governors. The Head is responsible for the day-to-day running of the School.
8 Parents or You: means any person who has signed the confirmation 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 clauses 93 and 115 below.
9 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.
10 Pupil: means the child named on the confirmation form. The age of the Pupil will be calculated in accordance with British custom.
C Admission and entry to the School
11 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.
12 Equality: The School is a mainstream, day and boarding school for boys and girls aged from 2 ¾ to 13 years. The School has a Christian ethos and welcomes staff, volunteers 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.
13 Offer of a place and deposit: A deposit (Confirmation Fee) as shown on the fees list for the relevant year will be payable when the Parents accept the offer of a place. A proportion of the Confirmation Fee as detailed in the Fees List will be non-refundable in any circumstances. The balance of the Confirmation Fee shall be retained in the general funds of the School until the Pupil leaves and will be repaid by means of a credit without interest to the final payment of Fees or other sums due to the School on leaving, unless stated otherwise in these terms and conditions [• or unless the Parents wish to donate the Confirmation Fee to the School's Foundation]. See also clause 80.
14 Additional Deposit: For reasons of administration, the right is reserved to require payment by parents of an additional deposit (Additional Deposit), as shown on the fees list for the relevant year, in the case of a pupil whose normal residence is outside the United Kingdom. The Additional Deposit will be retained in the general funds of the School until the Pupil leaves and will be repaid by means of a credit without interest to the final payment of Fees or other sums due to the School on leaving, unless stated otherwise in these terms and conditions. See also clause 80.
15 Immigration: The School, through Wellington College, currently holds a licence to sponsor international students under Tier 4 of the points based system of immigration. The Parents must inform the Admissions Registrar when returning a completed registration form or at any other time if their child requires sponsorship from the School in order to obtain a visa to study at the School. It shall be the Parents' responsibility at all times to ensure that their child has the appropriate immigration permission to live in the United Kingdom and to study at this School and the Parents shall permit the School to take and retain copies of all documentation required to be kept by the School in order to comply with its duties as a Tier 4 sponsor, including passport, visa, vignette and /or biometric resident permit of the child and, where necessary, the Parents. Please also see clause 90.
D Pastoral care
16 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.
17 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 73 below.
18 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 any 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.
19 Head's authority: The Parents authorise the Head to take and / or authorise in good faith all decisions which the Head considers on proper grounds will safeguard and promote the Pupil's welfare. Please see Section E below.
20 Ethos: The ethos 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.
21 Physical contact: The Parents consent to such physical contact with the Pupil as may accord with good practice; or as may be appropriate and proper for teaching and instruction; or for providing comfort to the Pupil in distress; or to maintain safety and good order; or 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.
22 Disclosures: The Parents must, as soon as possible, disclose to the School in confidence any known medical condition, health problem or allergy affecting the Pupil; any history of a learning difficulty on the part of the Pupil or any member of his / her immediate family; any disability, special educational need, or any emotional, behavioural and / or social difficulty on the part on the Pupil; any family circumstances or court order which might affect the Pupil's welfare or happiness; any concerns about the Pupil's safety; any material change in the financial circumstances of the Parents; if it is intended that the Pupil is to be cared for and accommodated by someone who is not a close relative for a period of 28 days or more.
23 Confidentiality: The Parents authorise the Head 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 of e-mail; the internet; and mobile electronic devices. See also the School's policy on [• acceptable use of IT and email].
24 Special precautions: The Head needs to be aware of any matters that are relevant to the Pupil's safety and security. The Head 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. The Parents may be excluded from School premises if the Head, 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.
25 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 or regulations.
26 Residence during Term time: The Pupil, except when boarding, is required during Term time and at weekends, exeats (permitted periods of time away from School) and half term, to live with the Parents or a legal guardian or with an education guardian acceptable to the School. Flexi-boarding, charged as an extra, can be provided during Term time for the Pupil where accommodation arrangements have broken down. The Head must be notified in writing immediately if the Pupil will be residing during Term time under the care of someone other than the Parents or his / her education guardian.
27 Communications from the 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 75.
28 Absence of the Parents: When both the Parents will be absent from the Pupil's home overnight or for a twenty-four hour period or longer during term time, the School must be told in writing the name, address and telephone number for twenty-four hour contact with the adult who will have the care of the Pupil.
29 Education guardians: The Parents if resident outside the United Kingdom must before Entry appoint an education guardian for the Pupil in the United Kingdom who has been given legal authority to act on behalf of the Parents in all respects and to whom the School can apply for authorities when necessary. The School can accept no responsibility for the Pupil when he / she is in the care of the Parents or the education guardian. The Parents or the education guardian must make holiday arrangements, including travel to and from the School, in advance. The responsibility for choosing an appropriate education guardian rests solely with the Parents. The Parents are responsible in each case for satisfying themselves as to the suitability of an education guardian. The Parents shall immediately on appointment provide the School with up to date contact details for the appointed education guardian and shall immediately notify the School of any changes to those details.
30 Photographs or images (including video recordings): By signing the confirmation form or agreeing to these terms and conditions the Parents consent, as far as is required under data protection law, to the School obtaining and using photographs or images (including video recordings) of the Pupil for use in the School's promotional material such as the prospectus, the website or social media, press and media purposes, or educational purposes as part of the curriculum or extra-curricular activity. The School may seek specific consent from the Parents before using a photograph or video recording where the School considers that the use is more privacy intrusive. Where the Pupil is of sufficient maturity (usually when aged 12 years or older) the School may seek the Pupil's specific prior consent in addition to or instead of the Parents' consent. The School would not disclose the home address of the Pupil without the Parents' consent. The School would not disclose the home address of the Pupil without the Parents' consent.
Please see the School's privacy notice document [• How we use your information] which is [• published on our website] for more information about the use of photographs and images.
31 Request for confidentiality: The Parents may ask Us to keep information about the Pupil confidential. For example, You may ask Us to not use photographs of the Pupil in promotional material or ask Us to keep the fact that the Pupil is on the School roll confidential. If the Parents would like information about the Pupil to be kept confidential, they must immediately contact the [• Head] in writing, requesting an acknowledgment of their letter.
32 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.
33 Pupil's personal property: The Pupil is responsible for the security and safe use of all his / her personal property including money, mobile electronic devices, locker keys, watches, computers, musical instruments and sports equipment, and for property lent to them by the School.
34 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-sponsored activity away from School premises.
35 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.
E Health and medical matters
36 Medical declaration: The Parents will be asked to complete a Confidential Information Form concerning the Pupil's health and must inform the Head 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.
37 Medical care: If a boarder the Pupil must be registered on the list of the School Nurse while a pupil at the School. The Parents must comply with the School Nurse’s recommendations which may include a reasonable decision to release the Pupil home or to his / her education guardian when he / she is unwell.
38 Medical examination: All new pupils coming into Year 3 and above, day and boarding, will have a routine medical examination with the School Medical Officer (or other doctor appointed by him / her), usually during the first Term at the School. Arrangements can be made on request for the Parents to be present but this is subject to the Pupil's consent if the Pupil is of sufficient maturity and understanding.
39 Pupil's health: The Head may at any time require a medical opinion or certificate as to the Pupil's general health where the Head considers it necessary as a matter of professional judgement in the interests of the Pupil and / or the School community. If the Pupil is of sufficient age and maturity they are entitled to insist on confidentiality which can nonetheless be overridden in the Pupil's own interests or where necessary for the protection of other members of the School community.
40 Medical information: Throughout the Pupil's time as a member of the School, the School Medical Officer shall have the right to disclose confidential information about the Pupil if it is considered to be in the Pupil's own interests or necessary for the protection of other members of the School community. Such information will be given and received on a confidential, need-to-know basis.
41 Emergency medical treatment: The Parents authorise the Head to consent on their behalf to the Pupil receiving emergency medical treatment where certified by an appropriately qualified person as necessary for the Pupil's welfare and if the Parents cannot be contacted in time.
F Educational matters
42 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 will exercise reasonable care and skill in providing educational services for the Pupil but 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.
43 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 Head, is most appropriate to the School community as a whole. We will endeavour to inform the Parents of changes and the reasons for them as soon as practicable. If the Parents have specific requirements or concerns about any aspect of the Pupil's education or progress they should contact the Pupil's tutor, or other appropriate member of staff, as soon as possible, or contact the Head in the case of a serious concern.
44 Progress reports: The School shall monitor the Pupil's progress and shall report regularly to the Parents by means of grades, full written reports and [• consultation / parents' meetings].
45 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.
46 Public examinations: The Head 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 Head 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 revised in accordance with advice or instruction from his / her tutors.
47 Reports and references: Information supplied to the Parents and others concerning the progress and character of the Pupil, and about examinations and senior schools, and any references will be given conscientiously and with all due care and skill but otherwise without liability on the part of the School.
48 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 staff are not, however, qualified to make a diagnosis of conditions such as those commonly referred to as dyslexia, or of other learning difficulties.
49 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.
50 Information about learning difficulties: The Parents shall notify the Head when completing the School's Confidential Information Form and subsequently in writing if they are aware or suspect that the Pupil (or anyone in his / 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 Head and after consultation with the Parents and with the Pupil (where appropriate), the School is unable to provide adequately for the Pupil's special educational needs. The School reserves the right to charge for the provision of additional teaching.
51 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 8. Parents will be consulted before the end of the Lent 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 start of the Summer Term) in accordance with the provisions about Notice (in section H) 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.
52 Wellington College: Registration at Eagle House School does not mean that there will be automatic entry to the lists of Wellington College. It is necessary to make a separate application to the Registrar of Wellington College.
53 School's intellectual property: Where the Pupil, in conjunction with any member of staff, creates anything (including a work, a design, an invention, a database, a trademark or goodwill) (a Work) in respect of which any intellectual property (including copyright, design rights, patents, database rights or the right to sue for passing off) (Intellectual Property Rights) exist, the School reserves all its Intellectual Property Rights in respect of that Work.
54 Pupil's work: 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 Head, it is appropriate to release the work to the Pupil. Certain coursework may have to be retained for longer than other work in order to reduce the risk of cheating. 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 Head or staff.
55 Educational visits: A variety of educational visits will be provided for the Pupil. By signing the confirmation 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 cost more than £30; or require overseas travel; or involve an overnight stay; or occur during a weekend or School vacation; or involve some element of high risk or adventure activity 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.
G Behaviour and discipline
56 School regime: The Parents accept that the School will be run in accordance with the authorities delegated by the Governing Body to the Head. The Head 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.
57 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.
58 School rules: The School rules which apply are set out in the Pupil 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.
59 School discipline: The Parents accept the authority of the Head and of other members of staff on the Head'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.
60 Investigative action: A complaint or rumour of misconduct will be investigated. The Pupil may be questioned and his/her accommodation or 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, education guardian or a teacher of the Pupil's choice.
61 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 or education guardian so that they can attend a meeting with the Head before a decision is taken in such a case. In the absence of the Parents or education guardian, the Pupil will be assisted by an adult (usually a teacher) of his/her choice.
62 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 Head has acquired during an investigation.
63 Drugs & alcohol: The Pupil may be given the opportunity to provide a biological sample under medical supervision if involvement with drugs is suspected, or a sample of breath to test for alcohol consumed in breach of School rules or policy. A sample or test in these circumstances will not form part of the Pupil's permanent medical record.
64 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 or external community, detention for a reasonable period, withdrawal of privileges, gating, rustication or suspension, or alternatively being removed or expelled.
65 Definitions of sanctions: The definitions in this clause apply in these terms and conditions.
Expulsion means that the Pupil is required to leave the School permanently in circumstances described in clause 66.
Gating means that the Pupil is confined to the School premises for a limited period of time (usually during a weekend) but without further disciplinary consequences.
Removal means that the permanent removal of the Pupil from the School is required in circumstances described in clause 68.
[Rustication means the release of the Pupil to his / her home or to an education guardian for a specified period of time (usually a weekend) but without further disciplinary consequences.]
Suspension means that the Pupil is sent or released home for a limited period either as a disciplinary sanction or pending the outcome of an investigation or pending a Governors' Review.
Withdrawal has the meaning set out in clause 84.
66 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 Head shall act with procedural fairness in all such cases. The Head's decision to expel shall be subject to a Governors' 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 71 and clause 72.
67 Fees following Expulsion: If the Pupil is expelled, there will be no refund of the Confirmation Fee or of Fees for the current or past Terms but the Additional Deposit (if paid) will be refunded without interest less any sums owing to the School. 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.
68 Removal in other circumstances: The Parents may be required to remove the Pupil permanently from the School or from boarding if, after consultation with the Parents and if appropriate the Pupil, the Head is of the opinion that 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 if the Parents have treated the School or members of its staff unreasonably. In these circumstances, and at the sole discretion of the Head, Withdrawal of the Pupil by the Parents may be permitted as an alternative to Removal being required. The Head 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 Head's decision to require the Removal of the Pupil shall be subject to a Governors' 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 71 and clause 72.
69 Fees following Removal: If the Pupil is removed or withdrawn in the circumstances described in clause 68, the provisions relating to Fees shall be as set out in clause 67 save that the balance of the Confirmation Fee and Additional Deposit, if paid, will be refunded without interest less any sums owing to the School.
70 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.
71 Governors' Review: The Parents may request a review by Governors (Governors' Review) of a decision to expel or require the Removal of the Pupil from the School or from boarding (but not a decision to suspend the Pupil unless the suspension is for 11 School days or more, or would prevent the Pupil taking a public examination). The request shall be made as soon as possible and in any event within seven days of the Head's decision being notified to the Parents. The Parents will be entitled to know the names of the Governors who make up the review panel and may ask for the appointment of an independent panel member nominated by the School and approved by the Parents, such approval not to be unreasonably withheld.
72 Review procedure: The Head will advise the Parents of the procedure (current at that time) under which a Governors' Review shall be conducted by a panel of three Governors (or by a panel of two Governors and an independent member if requested). If the Parents request a Governors' 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 Head. A Governors' Review will be conducted under fair procedures in accordance with the requirements of natural justice.
73 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.
H Provisions about Notice
- see also section F "Moving up the School" and section G.
74 Term: means the period between and including the first and last days of the relevant school term.
75 Notice: means (unless the contrary is stated in these terms and conditions) a Term's Written Notice given by both Parents, or one of the Parents with the prior written consent of the other Parent, or any other person with Parental Responsibility before the first day of Term addressed to and received by the Head personally or signed for by the Head's secretary or the Bursar on the Head's behalf. It is expected that Parents will consult with the Head before giving notice to withdraw the Pupil. The Parents should contact the School if no acknowledgement of the Notice is received from the School within seven days of the date of the Notice.
76 A Term's Written Notice: means Notice given before the first day of a Term and expiring at the end of that Term. A Term's Written Notice must be given if: the Parents wish to cancel the place after acceptance; or the Parents wish to withdraw the Pupil who has entered the School; or the Parents or the Pupil wish(es) to transfer from boarding to day status or vice versa, or between categories of boarding.
77 [● Provisional notice: is valid only for the Term in which it is given. Provisional notice given in writing and received by the Head personally or the Bursar on the Head's behalf.]
78 Fees in lieu of Notice: in circumstances where the Parents have not given a Term's Written Notice, Fees in lieu of Notice means Fees in full at the rate applicable for the next Term following Withdrawal and not limited to the parental contribution in the case of a scholarship, exhibition, bursary or other award or concession. One Term's Fees in lieu of Notice represents a genuine pre-estimate of the School's loss in these circumstances, and sometimes the actual loss to the School will be much greater. This rule is necessary to promote stability and the School's ability to plan its staffing and other resources.
79 Cancellation: means the cancellation of a place at the School which has been accepted by the Parents and which occurs before the Pupil enters the School or where the Pupil does not enter the School. Please see clause 11 for details of when Entry to the School occurs.
80 Cancellation rights: If the offer of a place and its acceptance are both made entirely at distance by means of post, fax or electronic communication without either Parent meeting face to face with a member of the School staff during the contractual process the Parents may cancel this agreement at any time within 14 days of the date of the confirmation form. In such circumstances the Confirmation Fee and the Additional Deposit, if paid, will be refunded together with any Fees paid pro-rated if the School has provided any educational services under this agreement.
81 Cancelling acceptance: The Cancellation of a place after acceptance can cause long-term loss to the School if it occurs after other families have taken their decisions about schooling for their children. A genuine pre-estimate of loss is Fees for between one and five years. Nonetheless, the School agrees to limit the liability of the Parents to:
one Term's Fees at the rate payable for the Term of Entry (not limited to the parental contribution in the case of a scholarship, exhibition, bursary or other award or concession), less the balance of the Confirmation Fee, payable as a debt immediately unless the place is filled immediately and without loss to the School if less than a Term's Written Notice of Cancellation has been given. The School reserves the right to offset the Additional Deposit, if paid, against the Term's Fees; or
to the balance of the Confirmation Fee if more than a Term's Written Notice has been given.
Cases of serious illness or genuine hardship may receive special consideration on written request.
83 Cancelling a place offered in the Term before Entry: If the offer of a place is made in the Term immediately prior to the Term of Entry the Parents may cancel their acceptance in writing at any time up to four weeks from the date of the confirmation form. If clause 80 applies the four week period shall start when the 14 day cancellation period expires. The balance of the Confirmation Fee will then be retained by the School. If the Parents give Notice of Cancellation after this date or give no Notice of Cancellation they will incur a liability to pay one Term's Fees at the rate payable for the Term of Entry, less the balance of the Confirmation Fee, payable as a debt. The School reserves the right to offset the Additional Deposit, if paid, against the Term's Fees.
84 Withdrawal: means the withdrawal of the Pupil from the School by the Parents or the Pupil with or without Notice required under these terms and conditions at any time after the Pupil has entered the School. Please see clause 11 for details of when Entry to the School occurs. See also clause 85 (Withdrawal by the Parents), clause 86 (Withdrawal by the Pupil) and clause 96 (Exclusion for non-payment).
85 Withdrawal by the Parents: If the Pupil is withdrawn on less than a Term's Written Notice, or excluded for more than twenty-eight days for non-payment of Fees as set out in clause 96, Fees in lieu of Notice less the balance of the Confirmation Fee will be due and payable as a debt immediately unless the place is filled immediately and without loss to the School. The School reserves the right to offset the Additional Deposit, if paid, against the Term's Fees.
86 Withdrawal by the Pupil: The Pupil's decision to withdraw from the School shall, for these purposes, be treated as a Withdrawal by the Parents.
87 Prior consultation: It is expected that the Parents, or duly authorised education guardian, will consult personally with the Head or with the Head's authorised deputy before Notice of Withdrawal is given by the Parents.
88 Transfer between boarding and day status: Before providing the Notice required under clause 76, the Parents must obtain the express permission of the Head in writing if the Parents or the Pupil wishes to change from boarding to day status or vice versa, or between categories of boarding (e.g. full boarding to weekly boarding). At the discretion of the Head, the School has the right to postpone or refuse a transfer request and the Head will consider the best interests of the Pupil and the School in reaching the decision. Any such place is subject to the availability of places.
89 Discontinuing extra tuition: A Term's Written Notice is required to discontinue extra tuition or a Term's Fees for the extra tuition will be immediately payable in lieu as a debt.
90 Termination by the School: The School may terminate this agreement on one Term's notice in writing sent by ordinary post. The School will not terminate this agreement without good cause and full consultation with the Parents and also the Pupil (if of sufficient maturity and understanding). The balance of the Confirmation Fee and the Additional Deposit, if paid, will be refunded without interest less any outstanding balance of Fees. The School may terminate this agreement immediately where the Pupil does not have the appropriate immigration permission to live in the United Kingdom and to study at the School.
91 Fees: may include alone or in combination any of the Registration Fee, the Confirmation Fee, the Additional Deposit, tuition fees, boarding fees, fees for extra tuition, other extras such as house charges, clothing and 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.
92 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.
93 Payment of Fees by a third party: An agreement with a third party 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 Bursar. The School reserves the right to refuse a payment from a third party.
94 Indemnity: If the School is required to pay all or part of any sum received from a third party credit provider on behalf of the Parents, the Parents shall indemnify the School against all losses, expenses (including legal expenses) and interest suffered or incurred by the School.
95 Refund or waiver: Save where there is a legal liability including liability under a court order or under the provisions of this agreement to make a refund or reduction Fees will not be refunded reduced or waived if the Pupil is absent through illness; or a Term is shortened or a vacation extended; or the Pupil is released home before or after public examinations or otherwise before the normal end of a Term; or the School is temporarily closed due to adverse weather conditions; or for any reason other than exceptionally and at the sole discretion of the Head in a case of genuine hardship. See also Section J for information about events beyond the control of the parties.
96 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 H. Exclusion in these circumstances is not a disciplinary matter and the right to a Governors' 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.
97 Late payment: Save where alternative provisions for the payment of interest are contained in a separate consumer credit agreement made between the Parents and the School, simple interest may be charged on a day-to-day basis on Fees which are unpaid. The rate of interest charged will be at up to 1.5% per month accruing on a daily 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.
98 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 97.
99 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.
100 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.
101 Advance fees schemes: An arrangement under which a lump sum prepayment advance payment of Fees is made by or on behalf of the Parents will be the subject of a separate agreement.
102 Scholarships and bursaries: Every scholarship, exhibition, 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 the Parents at the time of offer. Any value attached to a scholarship shall be deducted from Fees before any bursary or other concession is calculated or assessed. A copy of the School's [• Public Benefit / Bursary Policy] is available from the School on written request.
103 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 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 Confirmation Fee and Additional Deposit, if paid, will be refunded without interest, less any sums owing to the School.
104 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.
105 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.]
J Events beyond the control of the parties
106 Force majeure: An event beyond the reasonable control of the School or the Parents is Force Majeure Event and shall include such events as an act of God, fire, flood, storm, war, riot, civil unrest, act of terrorism, strikes, industrial disputes, outbreak of epidemic or pandemic of disease, failure of utility service or transportation.
107 Notification: If either the School or the Parents is prevented from or delayed in carrying out its contractual obligations by a Force Majeure Event, that party shall immediately notify the other in writing and shall be excused from performing those obligations while the Force Majeure Event continues.
108 Continued force majeure: If a Force Majeure Event continues for a period greater than 90 days, the party who has provided notification under clause 107 above shall notify the other of the steps to be taken to ensure performance its contractual obligations.
109 Termination: If the Force Majeure Event continues for a total period greater than 120 days, the party in receipt of notification under clause 107 may terminate this contract by providing at least three working days' notice in writing to the other party.
K General contractual matters
110 Data protection: By signing the confirmation form or by agreeing to be bound by these terms and conditions the Parents on behalf of themselves and, so far as they are able, on behalf of the Pupil consent as far as is required under data protection law to the processing by the School of personal information including financial information relating to the Parents and sensitive personal information relating to the Parents and/or the Pupil as is deemed necessary for the legitimate purposes of the School. See also the School's Data protection information notes as set out in Schedule 1.
If You would like further information about how the School processes personal information, please see our privacy notice document [• How we use your information] which is [• published on our website].
111 Change: The School, as any other, is likely to undergo a number of changes during the period of this agreement. For example, there may be changes in the staff, and in the premises, facilities and their use, in the curriculum and the size and composition of classes, and in the School rules and procedures, the disciplinary framework, and the length of School Terms. In addition, there may be the need to undertake a corporate reorganisation exercise and / or a merger or change of ownership may be necessary. For these reasons, the benefit and burden of this agreement may be freely assigned to another party at the discretion of the School.
112 Consumer rights: Care has been taken to use plain language and to give clear explanations in these terms and conditions. If any words alone or in combination infringe consumer rights laws or any other provision of law, they shall be treated as severable and shall be replaced with words which give as near the original meaning as may be fair. Nothing in these terms and conditions affects the Parents' statutory rights.
113 Consultation: It is not practicable to consult with the Parents and the Pupil over every change that may take place. Whenever practicable, the School will use reasonable endeavours to ensure that the Parents will be consulted and provided with reasons for the change and where possible given at least a Term's notice in writing of a change of ethos or culture, or a change in any physical aspect of the School which would have a significant effect on the Pupil's education or pastoral care, or a change of ownership of the School.
114 Information for parents: We provide parents of prospective pupils with information about the School and the educational services we provide in good faith. This information may be contained in [• the prospectus, School website and promotional literature] or in statements made by staff or pupils during a visit or an open day. If the Parents wish to take account of the information provided to them when deciding whether to enter into this agreement they should seek specific confirmation from the [• Head] that the information is accurate before returning a completed confirmation form to the School.
115 Third party rights: Only the School and the Parents are parties to this contract. Neither the Pupil nor any third party is a party to this contract and shall not have any rights to enforce any term of it.
116 Interpretation: These terms and conditions supersede any previously in force and will be construed as a whole. Headings, unless required to make sense of the immediate context, are for ease of reading only and are not otherwise part of these terms and conditions.
117 Jurisdiction: This contract was made at the School and it, together with each matter relating to the provision of educational services by the School, is governed exclusively by the law of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
The Wellington College Limited: a private limited company
Registered in England, Company Number: 06135830
Registered Office: Wellington College, Crowthorne, Berkshire, RG45 7PU
Registered Charity Number: 309093
Schedule 1 Data protection information notes
1. The School holds information about You and your child including exam results, parent and guardian contact details, financial information and details of medical conditions. This information is kept electronically on the School's information management system or manually in indexed filing systems.
2. These notes refer to the processing of information. Processing is a catch-all term and means obtaining or recording information or carrying out any operation on the information such as storing or using the information or passing it on to third parties.
3. The School processes information about You and your child in order to safeguard and promote the welfare of your child, promote the objects and interests of the School, facilitate the efficient operation of the School and ensure that all relevant legal obligations of the School are complied with. Examples may include: the School keeping details of medical conditions from which your child may suffer so that staff will be able to respond appropriately in the event of a medical emergency, and / or the School processing financial information obtained from You or from third parties such as credit reference agencies.
4. The School may process different types of information about your child for the purposes set out above. That information may include:
a. medical records and information, including details of any illnesses, allergies or other medical conditions suffered by your child;
b. personal details such as home address, date of birth and next of kin;
c. information concerning your child's performance at School, including discipline record, School reports and examination reports;
d. financial information including information about the payment of fees at this School or any other school.
5. Where in the professional opinion of the Head it is deemed necessary We may share information with certain third parties.
6. We may, in order to verify your identity and so that We can assess your application for the award of a bursary or for credit in contemplation of an agreement for the deferment of Fees, search the files of any licensed credit reference agency who will keep a record of that search and details about your application. This record will be seen by other organisations which make searches about You. Failure to supply information may result in a refusal of an award or credit.
If You would like further information about how the School processes personal information, please see our privacy notice document [• How we use your information] which is [• published on our website]. 30
Schedule 2 Summary of clauses containing financial consequences
Offer of a place and deposit
Refund or waiver
Exclusion for non-payment
Fees following Expulsion
Fees following Removal
Fees in lieu of Notice
Cancelling a place offered in the Term before Entry