If you wish to download a copy of the School’s Terms and Conditions, which are subject to change, please click on the link below:
1 Terms and Conditions: These Terms and Conditions reflect the custom and practice of independent schools for many generations and together with:
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 each pupil and the stability, forward-planning, proper resourcing and development of St Helen’s School, Northwood.
2 Fees & Notice: The rules concerning Fees and Notice are of particular importance and are set out at Sections D, H & I below.
3 Managing Change: St Helen’s School, Northwood, as any other school, is likely to undergo a number of changes during the time the Pupil attends the School. Please see Section K for further details of the changes that may be made and the consultation and notice procedures that will apply.
4 “The School” or “We” or “Us” means St Helen’s School, Northwood as now or in the future constituted (and any successor). The School is constituted as a charitable company limited by guarantee. The School is comprised of the Prep School (Nursery, Reception and Years 1 to 6) and the Senior School (Years 7 to 13).
5 “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.
6 “The Headmistress” means the Headmistress of the School as appointed by the School Governors. The Headmistress is responsible for the day-to-day running of the School and this expression includes those to whom any duties of the Headmistress or of the Governing Body have been delegated.
7 “The Parents” or “You” means any person who has signed the Acceptance Form. The Parents are legally responsible, jointly and severally, for complying with their obligations under these Terms and Conditions. Fees payable by a third party (for example, an employer, grandparent, stepparent without Parental Responsibility or third party credit provider) will be subject to a separate agreement between the School, the Parents and the third party. Parents may also refer to a legal guardian who has signed the Acceptance Form. Please also see Clause 17 and Clause 111.
8 Parental Responsibility: Those who have “Parental Responsibility” (i.e. legal responsibility for the Pupil) are entitled to receive relevant information concerning the Pupil 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 Pupil.
9 “The Pupil” means the child named on the Acceptance Form. The age of the Pupil will be calculated in accordance with British custom.
10 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 Parents satisfying the admission requirements at the relevant time. The admissions requirements are set out in the School’s Admissions Policy current at the time and published on the School’s website. “Admission” occurs when 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.
11 Equality: The School is a mainstream day school for girls aged from 3 – 18 years. The School has a Christian ethos and welcomes staff and children from many different ethnic groups, backgrounds and creeds.
12 Offer of a place and deposit: A deposit (“Acceptance Deposit”) 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 Acceptance Deposit as shown on the Fees List for the relevant year will be credited against the first Term’s Fees. The remaining balance of the Acceptance 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 or unless the Parents wish to donate the Acceptance Deposit to the School’s Foundation. See also Clause 93.
13 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 UK. Parents who have paid Fees late or whose Fees are overdue may at the discretion of the School be required to pay an additional deposit. 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 93.
14 Immigration: The School currently holds a Child Student sponsor licence. The Parents must inform the Headmistress 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 Child Student sponsor, including the passport, visa, vignette and /or biometric resident permit of the Pupil and, where necessary, the Parents. The Parents shall immediately inform the School of any intended or actual change in the Pupil’s accommodation arrangements during their period of sponsorship. Please also see Clause 95.
15 Fees: “Fees” may include alone or in combination any of:
16 Payment of Fees: The Parents jointly and severally agree to pay the Fees applicable to each Term directly to the School. 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 bill is under query, the balance of that bill must be paid. The School reserves the right to refuse a payment if it is not satisfied as to the identity of the payer or the source of the funds or where there is reason to believe that it may be unlawful to accept the payment.
17 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. This 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 Headmistress. The School reserves the right to refuse a payment from a third party.
18 Indemnity: If the School is required to pay all or part of any sum received against Fees to a third party, the Parents shall indemnify the School against all losses, expenses (including legal expenses) and interest suffered or incurred by the School.
19 Refund or Waiver: Save where there is a legal liability including liability under a court order or under the provisions of this contract to make a refund or reduction Fees will not be refunded reduced or waived if:
• the Pupil is absent through sickness; 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 other safety related or good reasons; or
• for any reason other than exceptionally and at the sole discretion of the Headmistress in a case of genuine hardship.
See also Section J for information about the rules on events beyond the control of the parties.
20 Exclusion for Non-Payment: The School may exclude the Pupil by providing written notice if at any time Fees are overdue for payment including where the School refuses to accept a payment under clause 16. If the Pupil is excluded for a period of 28 days or more in such circumstances, she will be deemed withdrawn without Notice and a Term’s Fees in lieu of Notice will be payable in accordance with Section I. Exclusion in these circumstances is not a disciplinary matter and there is no right to a Governors’ Review. The School may withhold any information, character references or property while Fees remain overdue where it is lawful to do so.
21 Late Payment: 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. 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.
22 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 21.
23 Appropriation: Payments will usually be allocated by the School to the earliest balance on the Fees account. The Parents agree that a payment made in respect of one child may be appropriated by the School to the unpaid account of any other child of the Parents.
24 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.
25 Scholarships & 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 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 Bursary Policy is published on the School’s website.
26 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 remaining portion of the Acceptance Deposit and the Additional Deposit (if paid) will be refunded without interest less any sums owing to the School.
27 Information about Fees: The Parents acknowledge that the School may make enquiries about the Pupil’s previous schools for confirmation that all sums due and owing to such schools have been paid. The Parents also acknowledge that the School may inform any other school or educational establishment to which the Pupil is to be transferred if any Fees of this School are unpaid.
28 Identity of Fees payer: From time to time the School may need to obtain satisfactory evidence of the identity of a person who is paying Fees, such as sight of a passport, and the Parents agree to provide such information as reasonably requested by the School in this respect.
29 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 her desired examination results or that results will be sufficient to gain entry to other educational establishments.
30 Organisation of the Curriculum: We the School reserve the right to organise the curriculum and its delivery in a way which, in the professional judgement of the Headmistress, is most appropriate to the School community as a whole. This may be online or other form of remote learning. We will endeavour to inform the Parents of significant changes to the curriculum and the reasons for them as soon as practicable. The curriculum includes teaching which actively promotes the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect for and tolerance of those with different faiths and beliefs. If the Parents have specific requirements or concerns about any aspect of the Pupil’s education or progress should contact the Pupil’s tutor, or any other appropriate member of staff, as soon as possible, or contact the Headmistress in the case of a serious concern.
31 Progress Reports: The School shall monitor the Pupil’s progress and shall report to the Parents by means of reports and consultation / parents’ meetings.
32 Sex Education: The Pupil will receive health and life skills education including relationships and/or sex education appropriate to 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 part or all of the sex education aspect of the curriculum. The Pupil cannot be withdrawn from relationships education.
33 Public Examinations: The Headmistress may, after consultation with the Parents and the Pupil, decline to enter the Pupil’s name for a public examination if, in the exercise of her professional judgement, the Headmistress considers that by doing so the Pupil’s prospects in other examinations would be impaired and/or if the Pupil has not prepared for the examination with sufficient diligence, for example, because the Pupil has not worked or revised in accordance with advice or instruction from her tutors. Public examination results will usually be shared with the Pupil’s parents where requested.
34 Examination Services: The Headmistress may, after consultation with the Parents and if appropriate the Pupil, decline to apply for post-examination services if, in her professional judgement, it is considered not to be in the best interests of the Pupil or the examination cohort to do so.
35 Reports and References: Information supplied to Parents and others concerning the progress and character of the Pupil, and about examinations, further education and career prospects, and any references shall be given conscientiously and with all due care and skill but otherwise without liability on the part of the School.
36 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’s staff are not, however, qualified to make a diagnosis of conditions such as those commonly referred to as dyslexia, or of other learning difficulties.
37 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. Any formal assessment must be arranged by the Parents at their own expense. The Parents agree to cooperate fully with any investigation of the Pupil’s educational needs and any refusal to do so may be regarded as unreasonable behaviour. See also clause 82.
38 Information about Learning Difficulties: The Parents shall notify the Headmistress when completing the School’s Confidential Information Form and subsequently in writing if at any time they are aware or suspect that the Pupil has a learning difficulty. The Parents must provide the School with copies of all written reports and other relevant information. The Pupil’s place will be cancelled, or, once the Pupil has started, the Parents will withdraw the Pupil, upon request, if, in the professional judgement of the Headmistress and after consultation with the Parents and with the Pupil (where appropriate), the School is unable to provide adequately for the Pupil’s special educational needs. The usual provisions regarding Notice of Withdrawal and Fees in lieu of Notice do not apply in these circumstances. The School reserves the right to charge for the provision of additional teaching and other support arrangements where it is lawful to do so.
39 Moving up the School: It is assumed that, if the Pupil satisfies the relevant criteria at the time, she will progress through the School and will ultimately complete Year 13. The relevant criteria for progression through the School are set out in the School’s Admissions Policy. The Parents will usually be consulted before the end of the Spring Term if there appears to be any reason why the Pupil may be refused a place in the next year at the School. Unless the Pupil will be leaving at the end of Year 13, 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 I below if they do not intend the Pupil to proceed to the next year of the School, or a Term’s Fees in lieu of Notice will be payable.
40 Progression to Reception: Subject to Clause 39, it is assumed that Pupils in the Nursery will move up to Reception at the end of their first year. The School will seek confirmation in writing from the Parents that the Pupil will move up to Reception and this confirmation must be received by the deadline specified in the letter confirming that a place is available for the Pupil in Reception. If the Parents do not inform the School that the Pupil will not be progressing to Reception by this deadline and/or the Pupil does not subsequently progress to Reception, a Term’s Fees in Lieu of Notice at the rate applicable to the first Term’s Fees in Reception will be payable as a debt immediately, less the remaining balance of the Acceptance Deposit and the Additional Deposit (if paid).
41 Progression to the Senior School: If the Pupil passes the entrance examination for the Senior School and subject to Clause 39, it is assumed that she will transfer to Year 7. The School will seek confirmation in writing from the Parents that the Pupil will progress to the Senior School and this confirmation must be received by the deadline specified in the letter specifying the Pupil’s entrance exam result and confirming that a place is available for the Pupil in the Senior School. If the Parents do not inform the School that the Pupil will not be progressing to the Senior School by this deadline and/or the Pupil does not subsequently progress to the Senior School, a Term’s Fees in Lieu of Notice at the rate applicable to the first Term’s Fees in the Senior School will be payable as a debt immediately, less the remaining balance of the Acceptance Deposit and the Additional Deposit (if paid).
42 Intellectual Property: Where the Pupil creates a copyright work, including where the work is created jointly with a member of staff or another pupil, the School may use that work for the purpose of promoting the interests of the School, including exhibiting it, publishing it in the School magazine or putting it or a copy of it on the School’s intranet, social media or public website.
43 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 Headmistress, 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. This does not prejudice the Pupil’s or the Parents’ right to access their personal data under data protection law. We will take reasonable care to preserve the Pupil’s work undamaged but cannot accept liability for loss or damage caused to this or any other property of the Pupil by factors outside the direct control of the Headmistress or staff.
44 Consent for educational visits: A variety of educational visits will be provided for the Pupil. The Parents will be provided with relevant information in advance of educational visits. Unless the Parents specifically notify the School in writing that they do not wish the Pupil to take part in a specific educational visit, by signing the acceptance form or agreeing to be bound by these Terms and Conditions the Parents’ consent to the Pupil taking part in all routine educational visits. These include:
The Parents agree that the Pupil shall be subject to School discipline in all respects whilst engaged in an educational visit.
45 The cost of educational visits: The School will advise the Parents in advance of any additional costs associated with an educational visit, including those visits described in Clause 44 above. The cost of such a visit or any visit with a cost in excess of the amount stated in Clause 44 will be payable in advance and may be subject to a separate agreement. 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.
46 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 Pupils’ rights and freedoms which must, however, be balanced with the lawful needs and rules of our School community and the rights and freedoms of others. The Parents agree that the Headmistress has the right to require the Pupil to remain away from the School temporarily at the home of her Parents or education guardian:
47 Complaints: Any expression of dissatisfaction about action taken, or a lack of action by the School where the Parents seek action by Us must be notified to the School as soon as practicable. The Parents will remain courteous and respectful at all times in their dealings with the School regardless of any complaint. A copy of the School’s Complaints Procedure can be obtained from the School’s website or supplied on request. See also clauses 82 and 87.
48 Pupil’s Rights: The Pupil, if of sufficient maturity and understanding, has certain legal rights which 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 her parents. If any conflict of interests 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.
49 Headmistress’s Authority: The Parents authorise the Headmistress to take and/or authorise in good faith all decisions which the Headmistress considers on proper grounds will safeguard and promote the Pupil’s welfare, and the welfare of other pupils or staff. Please see Section G.
50 Culture: The culture of the School is to foster good relationships between pupils and between members of staff and pupils. Bullying, harassment, victimisation and discrimination will not be tolerated. The School and its staff will act fairly in relation to the Pupil and Parents, and We expect the same of the Pupil and the Parents in relation to the School and any member of the School community.
51 Physical Contact: The Parents’ consent to such physical contact with the Pupil:
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.
52 Disclosures: The Parents must, as soon as possible, disclose to the School in confidence;
53 Confidentiality: The Parents authorise the Headmistress to override their own and (so far as they are entitled to do so) the Pupil’s rights of 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:
See also the School’s Acceptable Use of ICT Policy.
54 Special Precautions: The Headmistress needs to be aware of any matters that are relevant to the Pupil’s safety and security. Accordingly, the Parents must notify the Headmistress in writing immediately of any family circumstances, court proceedings or court orders or situations of risk in relation to the Pupil for whom any special safety precautions may be needed. The Headmistress may exclude the Parents from School premises if, acting in a proper manner, she considers such exclusion to be in the best interests of the Pupil or any other member of the School community.
55 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 does not accept responsibility for the Pupil if she leaves School premises in breach of the Pupil Behaviour Policy. The School is not legally entitled to prevent a pupil aged 16 years or over from leaving School premises during School hours.
56 Residence During Term Time: The Pupil is required during Term time and at weekends and half term, to live with the Parents or with an education guardian acceptable to the School. The Parents must immediately notify the Headmistress in writing if the Pupil will be residing during Term time under the care of someone other than the Parents or her education guardian.
57 Communication with 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 unless there is clear evidence of a contrary view. 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 89.
58 Absence of the Parents: The Parents must inform the Headmistress in advance in writing of the name, address and telephone number for twenty-four hour contact for the adult who will have the care of the Pupil at any time when both the Parents will be absent from the Pupil’s home overnight or for a twenty-four-hour period or longer.
59 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 accepts no responsibility for the Pupil when she is in the care of the Parents or her education guardian. The Parents or the Pupil’s education guardian must make holiday arrangements, including travel to and from the School, in advance. The Parents are responsible in each case for making suitable arrangements to appoint an education guardian. The Parents shall immediately on appointment provide the School with up-to-date contact details for the Pupil’s appointed education guardian and shall immediately notify the School of any changes to those details. The Parents shall upon request provide such further information to the School as it reasonably requires to satisfy itself that the proposed appointment and or arrangements are suitable. Failure to provide such information upon request may constitute unreasonable behaviour. See clause 82.
60 Photographs or Images (including video recordings): The School may obtain and use photographs or images (including video recordings) of the Pupil for:
Please see the School’s Privacy Notice for pupils for more information about how the School uses photographs and videos of pupils.
61 Request for confidentiality: The Parents may ask Us to keep information about the Pupil confidential. For example, You may ask Us not to 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 Headmistress in writing, requesting an acknowledgment of their letter. The Parents will not record meetings or discussions with any staff member or representative(s) of the School without consent.
62 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.
63 Pupil’s Personal Property: The Pupil is responsible for the security and safe use of all her personal property including money, mobile electronic devices, locker keys, watches, computers, calculators, musical instruments and sports equipment, and for property lent to them by the School.
64 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.
65 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.
66 Medical Declaration: The Parents will be asked to complete a Medical Information and Consent Form concerning the Pupil’s health and must inform the Headmistress in writing if the Pupil develops any known medical condition, health problem or allergy, or will be unable to take part in games or sporting activities, or has been in contact with anyone with an infectious or contagious disease.
67 Medical Care: The Pupil must be registered with a GP in England 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 her education guardian when she is unwell.
68 Pupil’s Health: The Headmistress may at any time require a medical opinion or certificate as to the Pupil’s general health where the Headmistress considers it necessary as a matter of professional judgement in the interests of the Pupil and/or the School community. The Pupil, if of sufficient age and maturity, is entitled to insist on confidentiality which can be overridden in the Pupil’s own interests or where necessary for the protection of other members of the School community.
69 Medical Information: Throughout the Pupil’s time as a member of the School, the School Nurse 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.
70 Emergency Medical Treatment: The Parents authorise the Headmistress 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 or a second emergency contact cannot be contacted in time.
71 School Regime: The Parents accept that the School will be run in accordance with the authorities delegated by the Governing Body to the Headmistress. The Headmistress is entitled to exercise a wide discretion in relation to the School’s policies, rules and regime and will exercise those discretions in a reasonable and lawful manner, and with procedural fairness when the status of the Pupil is at issue. The Parents accept that the School’s policies, procedures and regime may be subject to change at short notice, if in the opinion of the Headmistress it is deemed appropriate to do so in the circumstances prevailing at the time.
72 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 Pupil Behaviour Policy, including the rules about the wearing of uniform and general appearance.
73 School Rules: The School rules which apply are set out in the Pupil Behaviour Policy 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.
74 School Discipline: The Parents accept the authority of the Headmistress and of other members of staff on the Headmistress’s behalf to carry out searches and investigations and take all reasonable disciplinary or preventative action necessary to safeguard and promote the welfare of the Pupil and/or any other pupil and/or the School community as a whole. The School’s policies on behaviour and discipline current at the time and published on the School website apply to all pupils at the School and at all times when the Pupil is in or at School (including when engaged in online or remote learning), representing the School or wearing School uniform, travelling to or from School, on School-organised trips or associated with the School at any time. The policies shall also apply at all times and places in circumstances where failing to apply this policy may affect the health, safety or wellbeing of a member of the School community or a member of the public, have repercussions for the orderly running of the School or bring or could bring the School into disrepute.
75 Investigative Action: A concern, allegation, complaint, or rumour of misconduct will be investigated. The Pupil may be questioned, and the Pupil and her belongings may be searched in appropriate circumstances. The Parents will be informed of any searches for prohibited items and that the Pupil may face formal disciplinary sanctions unless the School is prevented from doing so. If considered necessary, the School may make arrangements for legal representation for the Pupil to be funded at the Parents’ expense. If under the School’s disciplinary policy, a disciplinary meeting with the Headmistress is required before a decision is taken, the School will make reasonable efforts to notify the Parents or the Pupil’s education guardian so that they can attend. In the absence of the Parents or the Pupil’s education guardian, the Pupil will be assisted by an adult (usually a teacher) of her choice.
76 Divulging Information: Except as required by law, the School and its staff shall not be required to divulge to Parents or others any confidential information or the identities of pupils or others who have given information which has led to the complaint or which the Headmistress has acquired during an investigation.
77 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.
78 Sanctions: The School’s current policies on sanctions are available to the Parents on the School’s website before they accept the offer of a place. These 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, or Suspension, or Removal or Expulsion.
79 Definitions of Sanctions: The definitions in this clause apply in these Terms and Conditions:
80 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 serious breach of School discipline or a criminal offence. Expulsion is reserved for the most serious breaches. The Headmistress shall act with procedural fairness in all such cases. The Headmistress’s decision to expel shall be subject to a 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 Governors’ Review (see “Governors’ Review” below).
81 Fees following Expulsion: If the Pupil is expelled, there will be no refund of the remaining balance of the Acceptance Deposit 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.
82 Removal: The Parents may be required to remove the Pupil permanently from the School if, after consultation with the Parents, and if appropriate the Pupil, the Headmistress is of the opinion that:
• the Pupil has committed a breach or breaches of School rules or discipline for which Removal is the appropriate sanction; or
• 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
• one or both of the Parents have behaved unreasonably including but not limited to if they have treated the School or members of its staff or any member of the School community unreasonably or in a way which could bring the School into disrepute;
Then 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 Headmistress shall act with procedural fairness in all such cases and shall have regard to the interests of the Pupil and the Parents as well as those of the School. A decision by the Headmistress 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 Governors’ Review. A Withdrawal under this clause is not subject to a Governor’s Review. See “Governors’ Review” below
83 Fees Following Removal: If the Pupil is removed or withdrawn in the circumstances described in clause 82, the provisions relating to Fees shall be as set out in Clause 81 save that the remaining balance of the Acceptance Deposit and the Additional Deposit (if paid) will be refunded without interest less any sums owing to the School.
84 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.
85 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 (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 Headmistress will advise the Parents of the Governors’ Review procedure current at that time when she informs the Parents of her decision. A Governors’ Review will be conducted under fair procedures in accordance with the requirements of natural justice.
86 Pupil’s status pending Review: 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 the School and will have no right to enter the School premises during that time without written permission from the Headmistress.
87 Complaints Procedures: A complaint as described in clause 47 above which does not involve an Expulsion or Removal of the Pupil must be made in accordance with the School’s published Complaints Procedure, a copy of which is available on the School’s website. Every reasonable complaint shall receive fair and proper consideration and a timely response.
88 Term: “Term” means the period between and including the first and last days of the relevant School term.
89 Notice: “Notice” means (unless the contrary is stated in these Terms and Conditions) a Term’s Written Notice given by:
90 A Term’s Written Notice: “A Term’s Written Notice” means Notice given before the first day of a Term and expiring at the end of that Term.
91 Cancellation: “Cancel” or “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 10 for details of when Entry to the School occurs.
92 Withdrawal: “Withdraw” or “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 10 for details of when Entry to the School occurs.
93 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 of the Parents meeting face to face with a member of the School staff between offer and acceptance, the Parents have the right to cancel this contract, in writing to the School, at any time within 14 days of the day after We received Your completed and signed acceptance form. In such circumstances and unless otherwise stated in the letter of offer, the Acceptance Deposit (or an amount equal to the Acceptance Deposit where a portion of the Acceptance Deposit has been credited against the first Term’s Fees) 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 contract.
94 Fees in Lieu of Notice: “Fees in lieu of Notice” means Fees in full at the rate applicable for the next Term following termination by the Parents on less than one full Term’s Notice or where the Pupil is excluded for more than 28 days for non-payment of Fees as set out in clause 20. Fees in Lieu of Notice is not limited to the parental contribution in the case of a scholarship, exhibition, bursary or other award or concession. The Parents acknowledge that the requirement to pay one Term’s Fees in lieu of Notice is necessary to promote financial stability at the School and to enable it to plan its staffing and other resources.
95 Termination by the Parents: Except when the Pupil is to leave at the end of Year 13 or clause 97 below applies, if the Parents wish to Withdraw the Pupil or Cancel and terminate this contract at any time after the expiry of the 14-day cancellation period described in clause 93 above, if applicable, they shall do so either by:
In circumstances where the Parents Cancel by providing at least one Term’s Written Notice, the School shall retain the Acceptance Deposit.
The School reserves the right to offset the Additional Deposit, if paid, against the Term’s Fees in lieu of Notice
96 Other Notice requirements: The requirements in clause 95 shall also apply if, following the GCSE year or Year 12, the Pupil will not return for the following year.
97 Cancelling a place offered in the Term before Entry: Except for where clause 93 applies, if the offer of a place is made within a Term of Entry, the Parents may Cancel and terminate this contract by notifying the School in writing at any time before Entry, but they shall pay one Term’s Fees at the rate payable for the Term of Entry, less the Acceptance Deposit, payable as a debt. The School reserves the right to offset the Additional Deposit, if paid, against the Term’s Fees.
98 Discontinuing Extras: A Term’s Written Notice is required to discontinue an extra or a Term’s Fees for that extra (if applicable) will be immediately payable in lieu as a debt.
99 Termination by the School: The School may terminate this contract:
100 Force Majeure: An event beyond the reasonable control of the School or the Parents is a “Force Majeure Event” and shall include such events as:
Provided always that the inability of either party to pay any amount required under this agreement shall not be a Force Majeure Event.
101 Reasonable Modifications: Any reasonable modifications to the educational provision made by the School in order to meet legal obligations, comply with government guidance and to protect the health safety and well-being of staff or pupils including during or following a Force Majeure Event shall not affect the obligation of the Parents to pay the Fees in accordance with this contract.
102 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 (the “Affected Party”) shall as soon as reasonably practicable notify the other in writing and shall be excused from performing those obligations while the Force Majeure Event continues.
103 Continued Force Majeure: The Affected Party shall use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations. If a Force Majeure Event continues for a period greater than 90 days from the date of notification, the Affected Party shall notify the other of the steps to be taken to ensure performance of its contractual obligations.
104 Termination: If the Force Majeure Event continues for a total period greater than 120 days from the date of notification, the party in receipt of notification under Clause 102 may terminate this contract by providing at least three working days’ notice in writing to the other party.
105 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.
106 Data Protection: The School has a parent privacy notice and a pupil privacy notice which explain how the School will use the Parent’s and the Pupil’s personal data. These privacy notices are provided with the letter of offer. The privacy notices are also published on the School’s website. The Parents must read these privacy notices in full before signing the acceptance form. If the Pupil is going to enter Year 7 or above the Parents must show the Pupil a copy of the pupil privacy notice and discuss it with her before accepting the offer of a place.
107 Change: The School, as any other, is likely to undergo a number of changes during the period of this contract. 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 Pupil Behaviour Policy, 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 contract may be freely assigned to another party at the discretion of the School.
108 Consumer rights: Care has been taken to use plain language in these Terms and Conditions and to explain its provisions. 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.
109 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:
110 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 School’s prospectus / website / promotional literature or in statements made by staff or pupils during a visit or an open day. If the Parents will take account of the information provided to them when deciding whether to enter into this agreement, they should seek specific confirmation from the Headmistress that the information is accurate before returning a completed acceptance form to the School.
111 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 it and shall not have any rights to enforce any term of it.
112 Interpretation: These Terms and Conditions supersede those 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.
113 Severability: If any provision or part-provision of this contract is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this contract.
114 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 non-exclusive jurisdiction of the Courts of England and Wales.
A Company Limited by Guarantee
Registered in England No: 420867
Registered Office: Northwood Middlesex HA6 3AS
Registered Charity No: 31276
Schedule 1 – 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
|Termination by the Parents
|Other Notice requirements
|Cancelling a place offered in the Term before Entry