1.1 These terms and conditions and the signed “Conditions and Acceptance” form together constitute the legally binding contract for educational services made between the Parents and the School in relation to the Pupil (‘Parent Contract’). To the extent that there is any conflict between the terms of this agreement and the terms of the “Conditions and Acceptance” form, this agreement shall prevail.
2.1 ‘Fee’ the School’s tuition fees and deposits plus any extra fees or costs incurred by, or on behalf of, the Pupil.
2.2 ‘Parent’, ‘Parents’ or ‘You’ – any person who has signed the “Conditions and Acceptance” form and/or who has accepted responsibility for the Pupil’s attendance at the School.
2.3 ‘Pupil’ – the child named on the “Conditions and Acceptance” form.
2.4 ‘School’ - West House School of St James Road, Edgbaston, Birmingham B15 2NX, including the Early Years Foundation Stage (Nursery, Kindergarten, Pre-School and Reception), Pre-Prep (Years 1 & 2) and Prep (Years 3 – 6).
3.1 Pupils are admitted to the School in line with the School’s Admissions and Admissions Register Policy, copies of which are available to view via the website and from the School office.
3.2 A non-refundable registration fee is payable by the Parents when a Registration Form is forwarded to the School to cover administration costs. Registrations will not be processed until the registration fee has been received.
3.3 Following the offer of a place, Parents are required to complete a “Conditions and Acceptance” form to secure the place for the Pupil. This should be returned to the School with a deposit (£300 for children entering Nursery, Kindergarten and Pre-School or £500 for boys entering the school from Reception – Year 6) which is offset against the final bill issued after the Pupil has left the School. Should the Pupil not take up the place, the deposit is non-refundable.
3.4 In the event that the Pupil fails to take up the place at the School following the return of the “Conditions and Acceptance” form and the School is not notified in writing before the first day of the term in which the Pupil is due to start, a full term’s Fees in lieu of notice will be due to the School.
4.1 For existing pupils, moving from Pre-School to Reception and admission to Year 3 from Pre-Prep is automatic and not usually subject to academic ability. However, the School reserves the right to refuse transfer to Reception or Year 3 when, after having made reasonable adjustments, it does not believe that it has the specialist facilities or skills amongst the staff to meet specific individual physical, educational, emotional or behavioural needs.
4.2 Parents of a Pupil wishing to move to Reception from Pre-School are required to sign a “Reception Transfer” form circulated at the end of the Autumn Term prior to the start of the Reception year and pay an additional deposit of £200. Notice of withdrawal of Pupils at the end of Pre-School must still be provided in writing at least one term in advance, as per clause 12.1.
5.1 Fees for each term are payable before the first day of term. Liability for the payment of Fees is joint and several for the Parents of the Pupil.
5.2 Fees must be paid even in the case of the Pupil’s absence due to injury, illness or any other cause.
5.3 Fees paid by instalment are subject to a surcharge of 3%. An agreement by the School to accept payment of Fees by standing order, or by direct debit, or by any other method for payment of fees by instalment will automatically cease in the event of any default for 30 days or more.
5.4 The School reserves the right to increase Fees at any time, though Parents will be given at least half a term’s notice in writing.
5.5 The School currently offers annual scholarships to both existing and external pupils. Such awards are made in line with the School’s published criteria as amended from time to time, a copy of which is available to view via the website or upon request from the School office. The School reserves the right to vary or withdraw such scholarship schemes should the business need arise.
5.6 In the event of non-payment of Fees, the School reserves the right to require a surcharge to be paid at the rate of 2% per month for each day for which the outstanding Fees remain unpaid.
6.1 All pupils are covered by the provisions of the School’s Pupils` Personal Accident Insurance Scheme as amended from time to time, which is currently administered by Marsh Insurance Services. Termly premiums are incorporated within the current fee structure.
6.2 Additional voluntary insurance cover against absence is available through the School’s Fees Protection Scheme, as amended from time to time and currently administered by Marsh Insurance Services. This is only available to Parents of Pupils in Reception to Year 6.
6.3 Your participation in any insurance scheme is at all times subject to the terms of the relevant insurance policy (as amended from time to time), the rules of the relevant scheme and you being eligible to participate in or benefit from such schemes pursuant to their rules at a cost and on terms which are acceptable to the School. The School may replace or withdraw such schemes at any time without notice.
6.4 The School does not accept responsibility for accidental injury or loss or damage of property. Items of value should not be brought to school. All property should be clearly marked with the owner’s name. The School undertakes to maintain such insurances as are required by law. All other insurances are the responsibility of the Parents.
6.5 Unless negligent or guilty of some other wrongdoing causing injury, loss or damage, the School does not accept responsibility for accidental injury or other loss caused to the Pupil or the Parents or for loss or damage to property.
7.1 While the School will use its reasonable endeavours to educate pupils by means of tuition and extra-curricular activity in accordance with the traditions of the School and good practice in the education of young people, it will not be liable for any failure of the Pupil to attain any academic or other standard.
7.2 The School reserves the right to make alterations at any time to the way in which the School is run, its situation or any part of it and to any other aspect of the School, its management or organisation, without affecting these terms and conditions.
7.3 Information provided to Parents and others concerning the character, examination performance and further education prospects of Pupils will be given in good faith, but without liability on the part of the School.
7.4 Parents will be notified if it appears that the Pupil is falling behind in his/her studies or if the School believes that there is sufficient evidence to suggest the possibility of a specific learning difficulty. Additional input can be arranged, but the School does not undertake to diagnose any medical conditions or learning disability.
7.5 The School will, on request, advise Parents as to how they may, at their own expense, obtain specialist advice, but will not endorse individual specialists. The School may act upon any recommendations made by specialists where it has the capacity to do so.
8.1 The Headmaster is responsible for the care and good discipline of all Pupils and for all matters affecting the day to day running of the School, including the fixed term and permanent exclusion of pupils in line with the School’s Policy on Pupil Exclusion. Parents and Pupils are required to accept the authority and the judgement of the Headmaster, who will act in accordance with relevant policies at all times unless there is a good reason to depart from such a policy.
8.2 The School attaches great importance to good manners, integrity and good self-discipline. Pupils are expected to attend regularly and punctually. They should take a full part in School activities and should contribute to the aims, ethos and expectations of the School. They should comply with School regulations with regard to the wearing of School uniform.
8.3 All pupils entering the School are expected to abide by the School’s policies, including its policies on “Ethos, Aims and Expectations”. During the Pupil’s first term, the School may terminate this agreement without notice if there are significant behavioural concerns.
8.4 The School has policies on Anti-bullying, Pupil Behaviour and Exclusion, all of which may be amended by the School as it sees fit from time to time. Copies of these are on the School website and may be obtained from the School office.
8.5 Any concerns in relation to the care, discipline or progress of pupils should be addressed to the Headmaster without delay.
9.1 The Parents agree to:
9.1.1 fulfil their obligations under the Parent Contract (including paying Fees on time);
9.1.2 do all that they reasonably can to ensure the Pupil attends each school day, is punctual and appropriately dressed;
9.1.3 keep the School informed of matters affecting the Pupil of which the School needs to be aware; and
9.1.4 provide cooperation and assistance to the School to enable the Pupil to participate and benefit from the School’s provision of education, including attending meetings and keeping in touch with the School.
9.2 Parents are required to complete a “Medical Treatment in School” form when the Pupil starts at the School, together with a consent form for sight and hearing tests, a Dietary Requirements form, and an Asthma form, where applicable.
9.3 Parents must inform the Headmaster in writing if the Pupil has a known disability, medical condition or an infectious/contagious disease or illness.
9.4 Parents must inform the Headmaster immediately in writing of any court orders relating to the Pupil where the School is implicated e.g., concerning parental responsibility, residence, contact, prohibited steps, or any situations of risk. A personal visit to the Headmaster should be made in case of urgency.
9.5 Parents must inform the Headmaster immediately in writing if for any reason the Pupil is to be removed from the School’s premises during the school day.
9.6 If, during the school week, both Parents will be absent from the Pupil's home for a 24 hour period or longer, the School requires, in writing, the name and address of the adult to whom parental responsibility has been delegated “in loco parentis” and a telephone number on which they can be reached 24 hours a day.
9.7 By signing the “Conditions and Acceptance” form, the Parents are confirming that the Pupil has the right to live and study at the School. Provision of false information about the Pupil’s nationality or immigration status is a material breach of the Parent Contract.
10.1 Pupils with an infectious disease or illness must comply with the quarantine regulations as advised by the School’s medical advisor.
10.2 Periodically the School will provide confidential notice to teaching staff outlining any Pupil disabilities, illnesses, allergies or other conditions of which the School has been notified and which the staff need to be aware in order to discharge their duty of care.
10.3 Parents will be informed as soon as possible if the Pupil needs medical attention. In an emergency, the School, “in loco parentis”, will act in accordance with procedures laid down by a medical practitioner as necessary for the Pupil’s safety and wellbeing.
10.4 A copy of the School’s Child Protection Policy is available on the website or from the School Office.
11.1 Pupils may not be absent from School without the prior permission of the Headmaster, except in the case of illness, when the School should be notified by telephone before 9.00am. Confirmation of the absence should be handed in on the Pupil’s return to School, using the “Absence Due to Illness” form. These forms are circulated at the beginning of the academic year and are also available to download from the School’s website.
12.1 A full term’s notice in writing is required if the Parents wish to withdraw the Pupil. The Parents are reminded that a “term’s notice” means written notice given before the first day of a term and expiring at the end of that term. For example, intention to leave at the end of the Spring Term must be received before the first day of the Spring Term. The receipt of such notice must be acknowledged by the School and it is the responsibility of the Parent(s) to ensure that notice has been acknowledged by the School.
12.2 If the Parents fail to follow the notice requirements in clause 12.1 a term’s Fees will be immediately payable in lieu as a debt.
12.3 Where Fees for a term have not been paid in full by the end of the half term break in that term, the Pupil will be deemed to be to automatically withdrawn from the School after that half term break. In such a case a term’s Fees in lieu will be payable.
13.1 The School may permanently exclude the Pupil at the end of a term if the Headmaster is of the opinion that the conduct or progress of the Pupil has been unsatisfactory or that the Pupil is unwilling or unable to profit sufficiently from the educational opportunities offered by the School. The Headmaster shall have regard to the interests of the Pupil and the School.
13.2 The School may exclude the Pupil immediately without notice on a fixed term or permanent basis where, in the Headmaster’s opinion, it would be in the best interests of the Pupil and/or the School. Such action will be taken in accordance with the School’s policies on Pupil Behaviour, Pupil Exclusion and Anti-Bullying, as relevant.
13.3 If the Pupil has been excluded from the School, he/she shall not enter the School premises without written permission from the Headmaster.
13.4 The School may permanently exclude the Pupil from the School immediately without notice if the Pupil is found to not be in possession of correct leave to study in the UK and/or if the Parents commit a material breach of their obligations under the Parent Contract.
13.5 The School may, at the Headmaster’s discretion, require the Pupil to be removed from the School where it is in the best interests of the Pupil and/or the School. Such action will not be deemed to be a permanent exclusion and Fees in lieu of notice will not be due.
13.6 Should the Pupil be removed or permanently excluded under clauses 8.3 or 13.1, 13.2, 13.4 or 13.5, there will be no refund of Fees for the balance of the term, but a term's Fees will not be payable in lieu of notice.
14.1 The School will need to use information relating to the Pupil and the Parents (including names, contact details, school records, photographs and video recordings) whilst the Pupil is at the School and after the Pupil has left, for fulfilling the School’s obligations under the Parent Contract and for various purposes connected with the running of the School including: managing relationships between the School and current pupils/parents; assessing eligibility for scholarships; promoting the School to prospective pupils/parents; publicising the School’s activities; fundraising; communicating with the School community and alumni body and maintaining the School’s historical archives. This may include use by the School of such information in the School’s prospectus and other promotional material, on the School’s website and via the School’s social media channels.
14.2 The School will process personal data about the Parents and the Pupil in accordance with the applicable data protection legislation. The School will process such personal data in order to comply with any court order, request from or referral to an appropriate authority or legal, regulatory or good practice requirement; to perform the School’s obligations under the Parent Contract and for the purposes set out in the Parent Contract; and where otherwise reasonably necessary for the School’s legitimate purposes. The School’s privacy notice, as amended from time to time, is available on the website and gives further information about the School’s use of personal data and the rights of data subjects.
14.3 Parents should notify the School in writing if they do not wish photographic, film or other images of the Pupil to appear in any of the School’s promotional material (including its prospectus and website) or in communications with alumni, donors and feeder schools or to be shared with any other school with whom the School carries on joint activities or educational programmes.
15.1 The School reserves sole copyright in the performance (including any recording of such performance) of any musical, dramatic or artistic work by the School or by Pupils for purposes associated with the artistic or cultural work of the School.
15.2 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
15.3 The School will give the Parents a term’s notice of any change to these terms and conditions.
15.4 No one other than a party to this agreement shall have any right to enforce any of its terms.
15.5 Neither the School nor the Parents will be liable if they are unable fully or promptly to perform their obligations under this Parent Contract as a result of any of the following circumstances which are beyond their control, provided they do everything they reasonably can to prevent or mitigate their effect: fire, flood, storm, bad weather (including heavy snow disrupting transport) or other act of God, pandemic or epidemic of any disease, industrial action, war, riot, civil unrest, compliance with any law or governmental order terrorist threat or incident, or chemical or biological contamination (“Force Majeure Event”). Fees will not be refunded or waived if the School has to close for a period due to a Force Majeure Event.
15.6 In the event of a Force Majeure Event, the School shall give the Parents written notice specifying the circumstances giving rise to the Force Majeure Event. The School shall use its reasonable endeavours to provide educational services (including by providing appropriate educational services remotely). If the School is prevented from performance of all of its obligations as a result of a Force Majeure Event for a continuous period greater than six months, the School shall notify the Parents of the steps it shall take to ensure performance of the agreement and you shall then, following receipt of such notice, be entitled to cancel the Parent Contract on written notice and without giving a term’s notice or paying fees in lieu.
15.7 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation.