Private School Disputes

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If school isn’t
working for your child,
we can help.

Choosing a private school is a significant decision for any family. You expect your child to receive the education, care and support you have paid for. When something goes wrong, knowing what you can do can be difficult.

Private schools operate under a different legal framework from state schools, and the relationship between you and the school is largely contractual because you are paying for the provision of education. If the education or services agreed have not been delivered, or there is a dispute about what the school has provided, the contract and the school’s terms and policies will often be an important starting point, alongside any wider legal obligations that may apply.

Our specialist education solicitors support families across England and Wales with a wide range of private school disputes, helping parents understand their rights and work towards a fair resolution.

What types of private school disputes can we help with?

We can advise on a range of issues, including:

  • Exclusions and disciplinary decisions
    • School fees and payment disputes
    • Scholarships and bursaries
    • Concerns about the quality of education or care
    • Bullying and safeguarding concerns
    • Special educational needs and disability support
    • Boarding and residential provision
    • School policies and complaints
    • Alleged breaches of the parent contract

Every situation is different. The school’s terms and conditions, policies and the circumstances of the dispute will all need to be considered.

What rights do parents have?

Private schools are not subject to exactly the same admission and exclusion rules as state schools. However, that does not mean parents have no legal protection.

Your rights may arise from the contract between you and the school, consumer protection legislation, the Equality Act 2010 and other legal duties that apply to independent schools.

Independent schools in England must also meet the Independent School Standards, which cover areas including education, welfare, health and safety, safeguarding and complaints procedures.

In Wales, independent schools are subject to the relevant Welsh regulatory framework and must have a published complaints procedure.

What if my child is excluded?

A private school does not follow exactly the same statutory exclusion process as a state school.

The school’s contract and its own policies will usually be particularly important. We can review the terms that apply to your child’s education, consider whether the school has followed its own procedures and advise you on the options available.

If your child’s disability or SEND is relevant to the circumstances, there may also be additional legal considerations, including duties under the Equality Act 2010.

What if I have concerns about my child's education or care?

If you believe the school is not providing what was agreed, has failed to address concerns about bullying or safeguarding, or is not providing appropriate support for your child’s needs, it is important to understand what the school’s contract and policies require.

In many cases, the school’s complaints procedure will be the appropriate starting point. We can help you understand that process and advise you on your options if the matter cannot be resolved.

How can we help?

Our specialist education solicitors can:

  • Review your child’s school contract and relevant policies
  • Advise on school fees, scholarships and bursaries
  • Challenge exclusion or disciplinary decisions
  • Advise on SEND and disability related issues
  • Help with concerns about bullying, safeguarding or pastoral care
  • Assist with complaints and negotiations with the school
  • Advise on potential breach of contract or other legal claims
  • Represent you where formal legal action is appropriate

We understand that challenging a private school can feel particularly difficult when you want to protect your child’s education and maintain a positive relationship with the school.

If you are having a dispute with your child’s private school, we can help you understand your rights, your options and the best way forward.

Get in touch today

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