(a) In these terms and conditions
"Acceptance Form" means the form provided by the School for parents to complete when accepting a place for their child at the School;
"child" means a child of whatever age admitted by the School to be educated and includes any pupil aged 18 or over;
"the Complaints Procedure" is the School’s procedure for the review of the treatment of serious disciplinary matters and related decisions, as amended from time to time for legal or other substantive reasons, or in order to assist the proper administration of the School. The document is on the School Website and in the Pupil/Parent Handbook;
"deposit" means the sum set out in the Schedule of Fees;
"fees" means the fees set out in the Schedule of Fees as amended from time to time;
“fees in lieu” means fees in full for the term of notice at the rate that would have applied had the pupil attended and is not limited to the parental contribution in the case of scholarship or bursary;
"Headmaster" means the person appointed by the Governors of the School to be responsible for the day-to-day management of the School, including anyone to whom such duties have been duly delegated;
"School Rules" means the rules of the Senior School, as set out in the Pupil and Parent Handbook. A copy of the current version is provided to each pupil on entry and is available to parents on the School Parent Portal. Parents are sent the Junior School Handbook with the offer of a place at the School which includes the Behaviour Policy. These rules may be amended from time to time for legal, safety or other substantive reasons, or in order to assist the proper administration of the School. Parents will be given notice of such amendments;
“term” means a term of the School as notified to parents from time to time and is the period between and including the first and last days of each school term;
"a term’s notice" means the notice given before the first day of the child’s final term at the School;
"terms and conditions" means these terms and conditions as amended from time to time;
"we" or the "School" means the legal entity carrying on as the School as identified in Clause 1(b) below, or its duly authorised representative, as the context requires;
"you" or the "parents" means each person who has signed the Acceptance Form as parent or guardian of a child or a person who with the School’s written consent replaces a person who has signed the Acceptance Form.
(b) The Acceptance Form, the Schedule of Fees, the School Rules, the Complaints Procedure and these Terms and Conditions constitute the terms of a contract between you and Royal Russell School. It is not intended that the terms of the contract shall be enforceable by your child or by any other third party.
2. Acceptance and Deposit
(a) An offer of a place for your child at the School is accepted by you completing the Acceptance Form and paying the deposit.
(b) Pupils can only be accepted and remain as day pupils in the School if they are living at home with their parents who are resident in England unless special arrangements are agreed at initial registration or subsequently. A boarding place can only be changed to a day place with the approval of the Headmaster, and the child will be expected to achieve the academic standard of the current day entry.
(c) The deposit is not refundable if your child does not take up a place at the School and it will be set against any liability for a term’s fees in lieu of notice pursuant to paragraph 4 (a).
(d) The deposit will form part of the general funds of the School until it is repaid, without interest, and subject to deduction of any other sums due to the School on your child’s leaving the School
(e) The deposit may be applied or appropriated at the School’s discretion towards any fees or other sums due to the School in respect of the relevant pupil or any other pupil who is a member of the same immediate family. In such circumstances you must upon request pay to the School such sum as is then required to restore the deposit to its original amount together with interest at the rate referred to in paragraph 3 (f) as if the deposit had not been applied.
3. School Fees
(a) Fees for all pupils cover the normal curriculum including class music, drama and sport, together with most books and stationery. Boarding fees additionally cover full board and laundry. Day fees include lunch, and supper for those pupils in Year 3 and above staying for an after-school activity. Co-curricular activities such as trips and visits in which you agree in advance your child may participate shall be deemed to be supplemental to items met by the fees and charged for accordingly. In particular, all public examination charges and any additional charges incurred by the School in providing for the learning support of your child shall be charged as supplemental to the fees. Furthermore, damage caused by your child, other than fair wear and tear, may be separately invoiced and must be paid as an extra.
(b) Each person who has signed the Acceptance Form is liable for the whole of the fees due and any supplemental charges, unless the School has agreed in writing to look exclusively to any other person for payment of the fees or any part of them.
(c) Where two parents have signed the Acceptance Form, one of them may withdraw from the contract with the School by submitting a term's notice provided they have obtained the prior written consent of both the School and the remaining parent.
(d) If your child has been awarded a scholarship/bursary, your liability will be for the amount of fees due after taking account of that award. An award may be withdrawn if, in the opinion of the Headmaster, your child’s attendance, progress or behaviour no longer merits the continuation of the award but any such withdrawal of an award will not operate so as to increase the fees due in respect of a term which has already commenced. Where it appears likely to the Headmaster that, for academic reasons, an award may be withdrawn from your child, you shall be notified in advance. If, within fourteen days following the withdrawal of a scholarship or bursary, a child is withdrawn from the School, no fees in lieu of notice will be payable.
(e) Each invoice must be paid either in full before the first day of term or in accordance with the instalment arrangements agreed with the School before the first day of term. If any instalment is not paid in accordance with the relevant arrangement the whole of the outstanding balance will be immediately due and payable.
(f) We reserve the right to refuse to allow your child to attend the School, sit examinations or to withhold any references or other information or property while fees remain unpaid or there is a persistent default in relation to supplemental charges. If all outstanding sums are not paid within twenty eight days of your child being excluded for this reason you will be deemed to have withdrawn your child from the School and the sum due in accordance with paragraph 4 (a) below will be payable. We may make an interest charge of 0.5% per week on an outstanding balance and all administration and legal costs will be charged in relation to fees, fees in lieu of notice and extras that are unpaid by the due date. You consent to our informing any other school or educational establishment to which you propose to send your child of any outstanding fees.
(g) The fees will be reviewed from time to time (usually annually) and may be increased by such amount as the School considers reasonable. Notice of an increase in the fees will be sent to you one term prior to the increase taking effect.
(h) Fees and any prepaid supplemental charges will not normally be reduced as a result of absence due to illness or otherwise or if a term is shortened or a holiday extended by the School. In the event that your child takes study leave at home before or during public examinations or stays at home following those examinations no reduction of fees will be made in respect of such periods spent at home.
4. Notice Requirements
(a) If you wish to:
i withdraw your child from the School; or
ii change your child’s place at the School from a boarding to a day place;
you shall either give a term’s notice to that effect or shall pay to the School a term’s fees in lieu of notice, at such rate as would have been charged for the final term of provision if a term’s notice had been given. In cases where notice is not given, the appropriate sum in lieu of notice will become due and owing to the School as a debt on the first day of the term which would have been the final term of provision if a term’s notice had been given.
All notices must be given in writing and sent to the School’s address, addressed to the Headmaster. If sent by first class post, notice shall be deemed to have been given on the second day after posting.
Notices may not be given by email, but in the case of boarders where postal communication is difficult, notice will be accepted by email providing this has been agreed in advance with the Headmaster.
(b) If you wish to withdraw your child from an activity charged for as supplemental, you shall either give a half term’s notice to that effect or shall pay to the School a half term’s charges for the activity in which your child has ceased to participate. In respect of the Junior School Crèche facility a term’s notice is required.
(c) The School’s affairs are organised on a termly basis and it is not possible for you to reduce the amount of fees due or to obtain a refund of fees by withdrawing your child or by your child ceasing to participate in an activity part way through a term.
(d) Your child absenting himself or herself from School or an activity will be treated as having been withdrawn by you whether or not you were aware of or gave authority for the matter in question.
(e) Provisional Notice is valid only when written and accepted in writing by the Headmaster or a member of the Finance Department.
5. School Rules
(a) It is a condition of remaining at the School that your child complies with the School Rules as amended from time to time. In particular you undertake to ensure that your child attends School punctually and that your child conforms to such rules of appearance, dress and behaviour as shall be issued by the School from time to time.
(b) The School may undertake drugs testing of pupils in accordance with its Drugs and Substance policy as set out in the School Rules.
(c) The School reserves the right, subject to applicable data protection legislation, to monitor your child’s email communication and internet use for the purpose of ensuring compliance with the School Rules.
(d) By tradition, Royal Russell School is a Church of England School and this is manifest in its Christian ethos. Services, however, are inter-denominational in character and all pupils attend.
6. Disciplinary Procedures
(a) The Headmaster may in his discretion require you to remove or may suspend or expel your child from the School if he considers that your child’s attendance, progress or behaviour (including behaviour outside School) is seriously unsatisfactory and in the reasonable opinion of the Headmaster the removal is in the School’s best interests or those of your child or other children. Review of a decision to expel will be in accordance with the School’s ‘Rules Relating to the Review of Removal or Expulsion of a Pupil’.
(b) The Headmaster may at his discretion require you to remove or may suspend or expel your child if the behaviour of you or either of you is in the opinion of the Headmaster unreasonable and affects or is likely to affect adversely the child’s or other children’s progress at the School or the well-being of School staff or to bring the School into disrepute.
(c) The decision to suspend, require removal of or expel a pupil and the manner and form of any announcement shall be in the sole discretion of the Headmaster. Under no circumstances shall the School or its staff be required to divulge to parents any confidential information of the identities of persons who have given information which has led to expulsion or the requirement to remove or suspend, or which the Headmaster has acquired during an investigation.
(d) Should the Headmaster exercise his right under sub-clause 6 (a) or 6 (b) you will not be entitled to any refund or remission of fees or supplemental charges due (whether paid or payable) and the deposit will be forfeited. However, in such circumstances fees in lieu of notice will not be payable and any prepaid fees will be refunded.
(e) In the Senior School the Pupil and Parent Handbook contains the Senior School Rules which sets out examples of offences likely to be punishable by suspension or expulsion. These examples are not exhaustive, and in particular the Headmaster may decide that suspension or expulsion for a lesser offence is justified where there has been previous poor behaviour. All aspects of the pupil’s record at the School may be taken into account.
(f) In the Junior School the Behaviour Policy sets our acceptable standards of behaviour and this is available on request and on our School website. The Headmaster will be guided by these in deciding whether to suspend or exclude a pupil.
(g) The review of serious disciplinary matters is governed by the Complaints Procedure.
(h) A pupil who has been withdrawn, excluded, suspended, removed or expelled from the School has no right to enter School premises without the written permission of the Headmaster.
7. The School’s Obligations
(a) Subject to these terms and conditions, the School undertakes to accept your child as a pupil of the School from the time of joining the School until the end of his or her secondary schooling. However, entry for external candidates for Year 3 through to Year 10 is subject to interview, report and assessment. Entry to Year 7 for external candidates requires an acceptable standard in the Senior School’s Entrance Assessment. Junior School children are assessed throughout the school year via continuous teacher assessment, weekly spelling and times table assessments. These are underpinned by termly levelled writing, topic and summative maths assessments. They also have annual standardised tests in verbal reasoning, non-verbal reasoning, maths, reading and spelling. Based on all of the assessments and coupled with the detailed transfer document that is completed by the child’s class teacher, unconditional Year 7 places can be offered to the majority of pupils at the end of Year 5.
For any children not offered a place at this point, the Autumn Term Year 6 assessments will be used to ascertain their academic progress and level, thus allowing us to offer places at this stage.
Entry to Year 12 is subject to interview, report and achieving the minimum academic standard as set out in the Schools Admission’s Policy current for the year of entry. Overseas candidates for Year 12 will be subject to written tests should they not be sitting GCSE exams.
(b) While your child remains a pupil of the School, we undertake to exercise reasonable skill and care in respect of his or her education and welfare. This obligation will apply during School hours and at other times when your child is permitted to be on School premises or is participating in activities organised by the School.
(c) In order to fulfil our obligations, we need your co-operation, in particular by: fulfilling your own obligations under these terms and conditions; encouraging your child in his or her studies, and giving appropriate support at home; keeping the School informed of matters which affect your child; maintaining a courteous and constructive relationship with School staff; attending meetings and otherwise keeping in touch with the School where your child’s interests so require.
(d) We undertake not to subject your child to corporal punishment, or to physical contact except where such contact may be deemed appropriate for the maintenance of good order, your child’s safety or otherwise. Unless you notify us to the contrary, you consent to your child participating, under proper supervision, in contact sports and in other normal sports and activities which may entail some risk of physical injury.
(e) If your child requires urgent medical attention while under the School’s care, we will if practicable attempt to obtain your prior consent. However, should we be unable to contact you we shall be authorised to make the decision on your behalf should consent be required for urgent treatment (including an aesthetic or operation) recommended by a doctor.
(f) We shall monitor your child's progress at the School and produce regular reports. We shall advise you if we have any concern about your child's progress but we do not undertake to diagnose dyslexia or other specific conditions. A formal assessment can be arranged either by you or by the School at your expense. You may be asked to withdraw your child without being charged fees in lieu of notice if in the opinion of the Headmaster the School cannot provide adequately for your child's learning support needs.
(g) The School will enter your child’s name for an examination only if the Headmaster is satisfied that such is in the best interests of your child.
8. The Parents’ Obligations
(a) It is a condition of your child’s joining the School that you complete and submit to the School a medical questionnaire in respect of your child, and the School reserves the right to request a medical certificate. You undertake to inform the School of any health or medical condition, disability or allergy that your child has or subsequently develops, whether long-term or short-term, including any infections, and not to send your child to School if clearly not well enough to attend.
(b) You undertake to inform the School of any situations where special arrangements may be needed in relation to your child.
(c) Day pupils are required to live with their parent or parents during term time unless other arrangements are in place which the School has first approved in writing. During term time, boarders must live at the School except during holidays and exeat weekends, or where a written request for other arrangements has been made by parents or guardians and agreed by the Headmaster. Boarders are not allowed to leave School at any time without a member of the house staff’s permission.
(d) If parents live abroad, or may at times be based abroad, a guardian, acceptable to the School, must be appointed in this country to take full responsibility for the pupil when not at School, for instance during holidays. For day pupils an emergency contact number is required.
(e) The School will be entitled (unless notified otherwise) to treat any communication from any person who has signed the Acceptance Form as having been given on behalf of both such persons. Unless other arrangements are agreed between you and the School we shall be entitled to treat any communication from the School to any such person as having been made to both of them.
(f) The Headmaster must be informed in writing of any reason for your child’s absence from School. Wherever possible the School’s prior consent should be sought for absence from the School.
(g) We cannot accept any responsibility for the welfare of your child while off the School premises unless he or she is taking part in a School activity or otherwise under the supervision of a member of the School staff.
(h) If you have cause for concern as to a matter of safety, care, discipline or progress of your child you must inform the School without delay. Complaints should be made in accordance with the School’s Complaints Procedure.
You must make your own insurance arrangements if you require cover for your child's person or property while at School. Your child is included in an obligatory personal accident insurance scheme, the charge for which is an extra on the fee bill.
10. References and Confidentiality
(a) You consent to our supplying information and a reference in respect of your child to any educational institution which you propose your child may attend. Any reference supplied by us shall be confidential. We will take care to ensure that all information that is supplied relating to your child is accurate and any opinion given on his/her ability, aptitude for certain courses and character is fair. However, we cannot be liable for any loss you or your child is alleged to have suffered resulting from opinions reasonably given in or correct statements of fact contained in any reference or report given by us.
11. Data Protection
For the purposes of the selection and admittance of new pupils, the provision of education, communication, fundraising and our community aims, we collect and process personal data about prospective, current and past pupils and their parents.
Examples include, but are not limited to:
- names, addresses, telephone numbers, email addresses and other contact detail
- family details
- academic, disciplinary and other education related records, information about special educational needs, references and examination grades
- education and employment data
- photographic images, audio and video recordings
- financial information (for the collection of fees, bursary assessment or for fund-raising)
We may also need to process special category personal data concerning health, ethnicity, religion, or biometric data.
Most of the personal data we process has been voluntarily provided to us. In some cases, we will also collect data from third parties (for example, referees, previous schools and professionals or authorities working with the individual child, or from publicly available resources.
Personal data held by us is processed by appropriate members of staff for the purposes for which the data was provided. We take technical and organisational steps to ensure the security of personal data, including policies around use of technology and devices, and access to School systems. We do not transfer personal data outside of the European Economic Area unless we are satisfied that the personal data will have an equivalent level of protection.
In the course of School business, we share personal data (including special category personal data where appropriate) with third parties such as examination boards and relevant authorities (eg the Department for Education).
Some of our systems are provided by third parties, for example our databases, our school website, Parent Portal, or cloud storage providers. These are subject to contractual assurances that personal data will be kept securely and only in accordance with our specific directions.
We do not share or sell personal data to third-party organisations for their own purposes.
We will use the data we process for purposes including, but not limited to:
- The provision of education and reporting
- Compliance with legislation and regulation including the preparation of information for inspections by the Independent Schools’ Inspectorate, submission of annual census information to each of the Independent Schools Council and the Department for Education
- Operational management including the compilation of pupil records and the administration of accounts
- Management planning and forecasting, including research and statistical analysis
- Promoting the School to prospective families through marketing material and channels, including, but not limited to, our prospectus, website, newsletters and other publications and social media
- Keeping you informed of School news and events through our newsletters and other communications
- Maintaining relationships with Old Russellians and the wider school community by communicating with current and former pupils and/or their parents or guardians, and organising events.
- Fundraising, whether in conjunction with the Parents’ Association or Development Office
12. Intellectual Property Rights
We shall recognise any intellectual property rights vested in your child.
13. Changes in Ownership
For the purposes of constitutional changes to the School or amalgamation, we reserve the right to transfer the undertaking of the School to any other natural or legal person, and to assign the benefit of this contract in connection with any such transfer, and/or to amalgamate the School with any other educational institution. Where appropriate we will inform and consult with all parents in relation to such changes.
All notices required to be given under these terms and conditions must be given in writing either by email or post. You undertake to notify the School of any change of address or contact details of any person who has signed the Acceptance Form.
(a) Headings in these Terms and Conditions are for ease of understanding only and do not form part of these Terms and Conditions.
(b) If any word/s in these Terms and Conditions, alone or in combination, infringe the Unfair Terms in Consumer Contracts Regulation 1999 or any other provision of law, they shall be treated as severable and shall be replaced with words which give, as nearly as possible, the original meaning.
16. Jurisdiction and Governing Law
The contract between you and the School is governed by English Law. You agree with us to submit to the exclusive jurisdiction of the English courts.
(a) Any waiver of any of these Terms and Conditions is effective only if given in writing by the Headmaster. The School may terminate this agreement on one term’s notice or under clauses 6 (a) and (b) above.
(b) We reserve the right to change or add to these Terms and Conditions from time to time for legal, safety, or other substantive reasons, or in order to assist the proper delivery of education at the School.