1.1 Meanings of some words and phrases we use in these terms and conditions. In these terms and conditions some words and phrases have particular meanings and it is helpful to ensure certainty and consistency to have them defined. Such defined terms are set out below and when used in these terms and conditions they shall have the meaning given to them here:   

“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.  

“Complaints Procedure” means the School’s procedure for handling complaints from parents, as amended from time to time for legal or other substantive reasons or to assist the proper administration of the School. It is not intended to form part of the contract between you and the School. A copy of the most up-to-date Complaints Procedure is available on the School’s website and/or from the School at any time upon request; 

“contract” has the meaning given in Clause 1.3 below; 

“deposit” means the amount set out and referred to as the deposit in the Acceptance Form and that is separately set out in the Schedule of Fees, 

“directors” means the Directors of the School who are appointed under its governing instrument from time to time and who are responsible for governance of the School. 

“fees” means the termly fees set out in the Schedule of Fees; 

“Head” means the person appointed by the directors to be responsible for (or to share in the responsibility for) the day-to-day running of the School, including anyone to whom such duties have been delegated; 

“Schedule of Fees” means the published note of the School’s prevailing fees notified to you from time to time, a copy of which is available on the School’s website and/or from the School at any time upon request; 

“School Values” means the body of values and policies of the School which set out our expectations concerning conduct and behaviour, as may be amended from time to time for legal, safety or other substantive reasons, or to assist the proper administration of the School. A copy of the documents comprising the School Values is available on the School’s website and from the School at any time upon request; 

“term” means a term of the School as published on the School’s website and as notified to parents from time to time; 

“a term’s notice” means written notice given not later than the first day of the term before the term to which the notice is due to take effect. If, for example, you wish to withdraw your child from the School with effect from the start of the autumn term, then the autumn term will be the term in which the notice is due to take effect.  In this example (i.e. where notice is due to take effect at the start of the autumn term) then a term’s notice means you need to tell us in writing about the withdrawal, at the latest, on the first day of the summer term immediately before; 

“a half term’s notice” means written notice given at least half a term before the notice is due to take effect.  I.e.:

• on or before the first day of term; or
• on or before the first day of School after the half-term holiday.

For example, a half term’s notice is required to withdraw your child from boarding at the School, which means that in order to withdraw your child from boarding with effect from the start of the autumn term, you would need to tell us in writing that you wish to withdraw your child from boarding on or before the first day of School after the summer term’s half-term holiday; 

“terms and conditions” means these terms and conditions as may be amended from time to time; 

“we” or the “School” means the legal entity carrying on as the School as identified in Clause 1.2 below; and 

“you” or the “parents” means each person who has signed the Acceptance Form as a holder of parental responsibility for the child.

In these terms and conditions, we sometimes provide illustrative examples to try and provide you with a better understanding of what we are referring to. We do this by using the words “for example”, “includes” or “including”. The examples that are then given are not exclusive or limiting examples of the matter in question. 

We also use headings to introduce separate provisions. These headings are for ease of understanding only. 

1.2 Who we are. We are Highfield School (Liphook) Ltd, a company registered in England and Wales. Our company registration number is 1220993 and our registered office is at Highfield School, Highfield Lane, Liphook GU30 7LQ.

1.3 Our contract with you.  The Acceptance Form, the Schedule of Fees, and these terms and conditions (as in each case may be amended from time to time) form the terms of the contract between you and the School. It is not intended that the terms of this contract shall be enforceable by your child or by any other third party. 

2.1 How you accept our offer of a place. An offer of a place for your child at the School is accepted by your submitting the completed Acceptance Form and paying the deposit. 

2.2 The non-refundable status of the deposit. The deposit is not refundable if your child does not take up their place at the School. The deposit is also non refundable if your child started at the School in the nursery and you withdraw your child from the school with the withdrawal taking effect prior to your child’s completion of the autumn term in their reception year.  The limited exception to this is where notice is given in accordance with Clause 3.1 below (or in accordance with Clause 5.1 below, in cases involving withdrawal prior to the completion of the autumn term of your child’s reception year) and the School actually fills the specific vacancy created by your child’s withdrawal, in which case the School shall refund the deposit to you less its costs in administering your dealings with the School or a reasonable estimate of those costs. You should be aware that in the event of a late withdrawal, and almost always in the case of a child who leaves the school prior to the autumn term of their reception year, it is very unlikely that the School would be able to fill the vacancy created by your child’s withdrawal. 

2.3 How we use the deposit. The deposit will form part of the general funds of the School until it is credited without interest to the final payment of the fees or other sums due to the School on your child’s leaving (unless otherwise stated in these terms and conditions). 

3.1 Notice to withdraw your acceptance of a place before your child joins the School. If you wish to withdraw your acceptance of a place BEFORE your child starts at the School you must either give us a term’s notice to that effect or pay to the School a term’s fees in lieu of notice. This means that if, for example, your child is due to start at the School in September (at the start of an academic year) then you would need to tell us in writing that you wish to withdraw your acceptance of their place on or before the first day of the preceding summer term (i.e., the final term of the previous academic year) or pay fees in lieu of notice. 

3.2    If we receive a term’s notice. If you provide a term’s notice, no further fees will be payable but you will not receive a refund of the deposit (the only exception to this if you are entitled to a refund of the deposit under Clause 2.2 above). 

3.3 If we do not receive that period of notice. If you do not provide us with a term’s notice (or if no notice is provided at all) a term’s fees will be payable by you and will become due and owing to the School upon demand as a debt. The term’s fees will be charged at the rate applicable for the term immediately preceding the term when your child was due to start. The School will credit the deposit you have paid (without interest or any entitlement to repayment under Clause 2.2 above) to the payment of the term’s fees you will owe us (and you hereby acknowledge and agree that the School shall be entitled to retain the deposit on account of payment of the term’s fees). Where applicable, such fees will be reduced to take account of any bursary awarded to you. 

3.4 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 you meeting face to face with a member of the School staff you may cancel this agreement at any time within 14 days of the date of signing the Acceptance Form.  In such circumstances the deposit will be refunded together with any fees paid pro-rated if the School has provided any educational services under this agreement.

3.5 Save where clause 3.4 applies, if the offer of a place is made in the term immediately preceding the term of entry you may cancel your acceptance in writing at any time up to four weeks from the date of the Acceptance Form. The deposit will then be retained by the School.  If you give notice of cancellation after this date or give no notice of cancellation then a term’s fees will be payable and shall immediately become due and owing to the School as a debt, at the rate applicable to the term your child was due to start.

4.1 What the fees include. Unless otherwise set out in the Schedule of Fees or notified to you at any time, the fees include the costs we incur in the usual course of educating your child and, if applicable, facilitating our boarding provision. 

4.2 What the fees do not include: supplemental charges. We refer to any items or services charged to you in addition to the fees as supplemental charges. By way of example, any extra-curricular activities (such as individual music lessons, School trips, and visits) in which you agree your child may participate and which need to be paid for, will be supplemental to items met by the fees and charged for accordingly. Additional charges incurred by the School in providing for the special educational needs of your child may also be charged as supplemental to the fees.  

4.3 Applicable taxes. All the fees and supplemental charges are exclusive of any taxes, which will be added (where applicable). 

PLEASE READ THIS NEXT SECTION CAREFULLY – it deals with your responsibility to pay the fees and supplemental charges. 

4.4 Who is responsible for payment. Each of you who has signed the Acceptance Form is liable for and must ensure that all of the fees and supplemental charges due are paid to the School. This is because our contract applies to both of you together and each of you on your own. Each parent who signs the Acceptance Form therefore has an individual responsibility to ensure that, individually or between them, the fees and supplemental charges owing to the School are paid. In practice this means that if fees or supplemental charges have not been paid then in order to recover the outstanding payments, the School can, in its discretion, choose to seek payment of the amount outstanding from either parent or both parents. The only exceptions to this are set out in Clause 4.5 immediately below. Court orders (for example, where parents are separated or divorced) and other arrangements between parents or third parties relating to fees do not normally bind or apply to the School, and do not extinguish either parent’s liability for the fees and supplemental charges due under this contract.  

4.5 How one parent can remove him/herself from their payment responsibility and circumstances where the School may agree to accept payment from a person who has not signed the Acceptance Form and is not a party to this contract. A parent who has signed the Acceptance Form may be removed from their payment responsibility under this contract ’but that parent must have obtained the prior written consent of both the School and the other parent who has signed the Acceptance Form before submitting such notice. Separately, the School may (without obligation to do so) agree in writing with each of you to accept payment from a third party (for example, a grandparent or employer), but this will not discharge your payment responsibility under this contract, unless and until we agree otherwise in writing.  

4.6 How bursary awards are treated. A bursary or other award may be withdrawn in accordance with (or by reference to) the terms upon which such award is made and/or if, in the opinion of the Head, your child’s attendance, progress and/or behaviour (and/or your behaviour or conduct (or the behaviour or conduct of one of you, including in relation to an application for the award)) no longer merit the continuation of the award. 

If your child has been awarded a bursary which includes financial assistance (e.g. by way of fee remission), your responsibility will be to pay for the amount of fees due after taking account of that award. Where it appears likely to the Head that an award which includes financial assistance may be withdrawn, you will be notified in advance and, if within fourteen (14) days of that notification your child is withdrawn from the School, no fees in lieu of notice will be payable by you. This will give you enough time to decide whether you want to continue to educate your child at the School without the benefit of the financial assistance. 

4.7 How the fees are charged and payment requirements.  The annual fees are divided into three (3) equal parts and are charged separately on a termly basis, regardless of the length of any term and regardless of your child’s year group. Each term’s fees fall due for payment by you on the first day of that term. Each term’s fees will be included in an invoice sent to you (or such other person(s) the School may have agreed separately shall pay the fees under Clause 4.5 above). The fees must be paid in full by direct bank transfer on or before the first day of the term to which the invoice relates. We may not allow your child to attend the School if you do not pay on time. 

For fees payable from Reception upwards, the School may at its discretion agree that the fees that are or will fall due in relation to any term can be paid in instalments.  If we agree to do this, then the School and those responsible for paying those fees will agree separately in writing the anticipated schedule of instalments by which the deferred amount of each term’s invoice is to be paid.  This schedule will usually entail two payments falling due for payment before the start of the term to which the invoice relates, and two payments falling due for payment after the start of the term to which the invoice relates.  The agreed amount for each term will need to be paid by direct debit or bank transfer in four instalments per term.  The School will issue a separate invoice and schedule of instalments relating to the fees due in respect of each term, which will be evidence of the separate agreement for the payment of that term’s fees.

4.8 Payment of supplemental charges. All supplemental charges for each term (and for other unpaid supplemental charges that were agreed during the previous term) will be included in the School’s fees invoice. All such supplemental charges must be paid in full by direct bank transfer on or before the first day of the next term. 

PLEASE READ THIS NEXT SECTION CAREFULLY – it sets out what rights we have, and what action we may take, if fees and/or supplemental charges are not paid in accordance with these terms and conditions. 

4.9 Non-payment of fees: refusal to attend school. We may refuse to allow your child to attend the School, withhold any references, and/or withdraw sponsorship of your child’s Tier 4 / student visa (if applicable) while fees remain unpaid or if there is a persistent failure by you to pay the fees on time. This applies in addition to our right to terminate this contract under Clause 14. 

4.10 Non-payment of supplemental charges: refusal to participate in the relevant activity. We may refuse to allow your child to participate in the relevant extra-curricular activity or receive the relevant service, or sit the relevant public examination(s), while the applicable supplemental charge for that activity or examination(s) remains unpaid. 

4.11 We can charge interest if you pay late.  If you do not make any payment to the School by the due date for payment (see Clauses 4.7 and 4.8 above) we may charge interest to you on the overdue amount at the rate of 8 per cent a year above the base rate from time to time of the School’s bank. Unless we tell you otherwise in writing, this interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after we obtain a court judgment against you. You must pay the School the interest together with the overdue amount. 

4.12 We can recover our costs for recovering late or non-payments. You will be responsible for paying the costs we incur in recovering, or attempting to recover, any unpaid fees or supplemental charges from you (including reasonable legal costs). 

4.13 We can notify other educational institutions of your outstanding payments. We may inform any other school or educational establishment to which you propose to send your child of any outstanding fees or supplemental charges so that they can make a full and legitimate assessment of your capacity to pay their fees. 

PLEASE READ THIS NEXT SECTION CAREFULLY – it sets our right to increase the fees during the course of your child’s time at the School. 

4.14 Our ability to increase the fees. We will review our fees during the course of your child’s education (usually annually) and may increase them. Where we:

4.14.1 give you notice of an increase to the fees before the end of the penultimate term before the increase is to take effect, you will have time to consider the increase and, if you wish to withdraw your child from the School before the proposed increase is set to take effect, then you will have sufficient time to provide the required term’s notice of withdrawal to the School under Clause 5.1 below without having to pay fees in lieu of notice and without being responsible for fees for the next term.; or

4.14.2 give you notice of an increase in fees later than the last day of the penultimate term before the increase is to take effect you will be entitled to withdraw your child from the start of the following term PROVIDED THAT you give the School notice in writing of the withdrawal within twenty-one (21) days from the date when notice of the increase in fees is given. If you provide this notice you will not need to give a term’s notice or pay fees in lieu of notice and will be able to withdraw your child without being responsible for fees for the next term.

In all cases, we will give you notice of any increase to the fees not later than the final day of the term before the increase is to take effect. 

4.15 Fees and supplemental charges will not be reduced due to your child’s absence. Fees and any agreed supplemental charges will not be reduced or refunded as a result of absence due to illness or otherwise, or as a result of your child being required to study from home as a result of us providing educational services remotely for whatever reason. If your child takes study leave at home before or during examinations, or stays at home following those examinations, or if a term is shorter than others (or shortened), no reduction of fees will be made in respect of any periods spent at home. 

4.16 Information on your identity and the source of funds. From time to time we may ask you to provide us with sufficient information so that we (or a third party acting on our behalf) can properly and accurately verify to our satisfaction: 

4.16.1 your identity; 

4.16.2 your child’s identity;  

4.16.3 that you are not subject to, or within the purview of, any national or international financial, economic, trade, travel or other similar sanctions imposed by any competent authority;  

4.16.4 your child’s right to enter, live and study in the United Kingdom;  

4.16.5 the legitimate source of funds you are using to pay the fees; and 

4.16.6 information provided to us as part of, or in connection with, an application for (or our grant of) a bursary/scholarship award.  

You must provide the School with the information and documentation we ask for.  

4.17 Allocation of payments to your fees account. Except where expressly agreed with you otherwise, the School shall be entitled to allocate payments from you to your account as it sees fit. For example, the School shall be entitled to allocate a payment made in respect of one child to the unpaid account of any other child of yours at the School.

4.18 How fees are discharged under our ‘Fees in Advance’ scheme, and your continued responsibility to pay any outstanding or additional amounts still owed to the School. Where you and the School have entered into an agreement incorporating the FIA Terms and Conditions (i.e., where you have made a ‘lump sum’ capital payment in respect of all or part of the fees due under this contract) the School will administer that lump sum to meet the fees pursuant to the FIA Terms and Conditions but you will still need to meet the difference (if any) between the amount per term applied by the School under the FIA Terms and Conditions and the total fees and supplemental charges due in respect of your child each term under this contract.  The School will provide a termly statement of account in respect of the fees and supplemental charges and the difference will be payable in accordance with the terms of this contract. 

4.19 Where fees are paid in advance to fulfil visa requirements. There may be occasions where the School agrees to accept an advance payment of fees, separate from the arrangement set out in Clause 4.18, in order to fulfil your child’s visa requirements.   Where the School agrees to enter into such an arrangement, the amount that you will be required to pay at the outset of the arrangement is the prevailing rate of fees at the time of entering into the arrangement.  However, the School reviews the fees that it charges periodically and, as and when the School increases its fees, the increased fees will be payable by you.  You must meet the difference between the amount per term that has been paid in advance and the total amount due for each term.  Differences will arise where, for example, there have been increases in fees, where there have been supplemental charges and other extras, or where taxes are due on any fees or supplemental charges, for example if there is a change which results in VAT being payable on school fees.    An invoice will be issued each term for this difference, and the invoice will fall due for payment on the first day of the term to which the invoice relates. Where you have made an advance payment under this clause, the fees you have paid will form part of the general funds of the School and may be used for such purposes as the School may from time-to-time determine.  If the School becomes unable to pay its debts, by reason of insolvency or otherwise, you will be an unsecured creditor of the School and the amount of any advance payment paid to the School might not be returned to you.

5.1 Notice to withdraw your child from the School. If you wish to withdraw your child from the School (other than at the normal leaving date which is at the end of Year 8), you must either give us a term’s notice to that effect or pay to the School a term’s fees in lieu of notice, at the rate that would have been charged for the final term of provision if a term’s notice had been given. The School will credit the deposit you have paid (without interest or any entitlement to repayment under Clause 2.2 above) to the payment of any such fees in lieu of notice. This means that if, for example, you wish to withdraw your child with effect from the start of the autumn term (i.e., at the start of an academic year) then you would need to tell us in writing that you wish to withdraw your child on or before the first day of the preceding summer term (i.e., the final term of the preceding academic year) or pay the fees in lieu of notice referred to in this clause. 

5.2 Notice to change the nature of your child’s boarding/day place at the school.  If you wish to change your child’s place at the School from a boarding to a weekly, steps to boarding or a day place, or from a termly to a weekly boarding place, you must either give a half term’s notice or pay to the School the difference between the boarding or termly boarding and the day or weekly boarding fees in lieu of notice, at such rate as would have been charged for the final half term of boarding if a half term’s notice had been given. All other boarding-related changes, for example changing your child’s place from a day place to a boarding place (either temporarily or full time), require the School’s prior written consent. 

5.3 The Head’s discretion to remove your child from boarding. The Head may, at their discretion, require you to remove your child from boarding and move them to a day place, for any specified amount of time or indefinitely, if the Head considers that:  

5.3.1 this is in the best interests of your child and/or other children and/or the School; and/or 

5.3.2 the School is unable to meet your child’s needs within the boarding setting (including cases where the School cannot reasonably accommodate adjustments or reasonably provide the nature or level of support required by your child within the boarding setting); and/or 

5.3.3 your child’s conduct or behaviour (including conduct or behaviour outside School) is unsatisfactory such that removing the child from boarding to a day place is considered appropriate.  

You will be charged the fees for your child’s day place at the School with effect from the day your child is removed from boarding.  

5.4 When the relevant amount in lieu of notice must be paid. In cases under Clause 5.1 or  Clause 5.2 above, the appropriate amount of fees in lieu of notice will become payable by you upon demand as a debt. 

5.5 Notice to withdraw your child from participating in an activity or from receiving a service covered by a supplemental charge. If you wish to withdraw your child from an activity or service charged for as supplemental, you must either give a half-term’s notice to that effect or pay to the School as a debt a half-term’s charges for the activity or service in which your child has ceased to participate. 

5.6 Withdrawal part-way through a term does not reduce the amount you owe to the School. It is not possible for you to reduce the amount of fees or supplemental charges due, or to obtain a refund of fees or supplemental charges, by withdrawing your child or by your child’s ceasing to participate in an activity or receive a service part-way through a term. 

6.1 Compliance with the School Values.  It is a condition of remaining at the School that you and your child (in each case to the extent applicable) comply with the School Values. In addition, you must ensure that your child attends School, attends punctually, and that your child conforms to any rules of appearance, dress, and behaviour as we may issue (if not already included within the School Values). 

6.2 We may undertake drugs and alcohol testing of your child. The School may undertake drug and alcohol testing of pupils in accordance with its Behaviour Policy. The drug and alcohol policy has been adopted for disciplinary purposes and with the aim of safeguarding the health and safety of all pupils. 

6.3 Monitoring your child’s use of telephone, email, electronic devices, Wi-Fi, internet, and social media. The School may, subject to applicable data protection legislation, monitor your child’s telephone, email, electronic devices, messaging communication, internet and Wi-Fi use, and use of social media. We may do this for various reasons, including ensuring compliance with the School Values or where it is appropriate or necessary for the School to do so in connection with the School’s legal and/or other duties and responsibilities or other legitimate purposes or good practice requirements, such as (but not limited to) safeguarding. 

7.1 The Head’s discretion to suspend or exclude your child from the School. The Head may in his or her discretion suspend or, in serious or persistent cases, exclude your child from the School if the Head considers that your child’s conduct or behaviour (including behaviour or conduct outside School) is unsatisfactory and/or the suspension or exclusion is in the School’s best interests and/or those of your child or other children. 

7.2 Where you can find examples of offences punishable by suspension or exclusion. The School Values and the School’s Behaviour Policy set out examples of offences likely to be punishable by suspension or exclusion. These examples are not exhaustive, and the Head may decide that suspension or exclusion for a lesser offence is justified where there has been previous misbehaviour. All aspects of your child’s record at the School may be taken into account. 

7.3 The Head’s discretion to require you to remove your child from the School. Instead of exclusion or suspension, the Head may in his or her discretion require you to remove your child from the School, or in the case of Clause 7.3.1 below may in his or her discretion exclude you from the School’s premises and events, if the Head considers that: 

7.3.1 your behaviour or conduct (or the behaviour or conduct of one of you): is unreasonable; and/or adversely affects (or is likely to adversely affect) your child’s and/or other children’s progress at the School, and/or the wellbeing of School staff; and/or brings (or is likely to bring) the School into disrepute (among the School community or the general public); and/or is not in accordance with your obligations under this contract and/or 

7.3.2 your child’s attendance at the School is unsatisfactory and/or in the reasonable opinion of the Head, the removal is in the School’s best interests and/or those of your child and/or other children; and/or 

7.3.3 your child’s conduct or behaviour (including conduct or behaviour outside School), is unsatisfactory and/or the required removal is in the School’s best interests and/or those of your child and/or of other children; and/or  

7.3.4 the School is unable to meet your child’s needs, including cases where the School cannot reasonably accommodate adjustments or reasonably provide the nature or level of support required by your child. 

7.4 What happens if your child is suspended, excluded, or removed from the School. Should the Head exercise his or her right under either Clause 7.1 or Clause 7.3 above: 

7.4.1 you will not be entitled to any refund or remission of fees or supplemental charges due (whether paid or payable) in or relating to the term in which your child is excluded, suspended, or removed; 

7.4.2 in respect of exclusions and required removals (but not in cases of required removal under Clause 7.3.2 and/or Clause 7.3.3 and/or Clause 7.3.4), the deposit will be forfeited and retained by the School; and 

7.4.3 in respect of exclusions and required removals, fees in lieu of notice will not be payable and any fees and/or supplemental charges that have been prepaid for or relating to any term after the term in which the exclusion/required removal occurred will be refunded.

7.5 Impact of exclusion or required removal on this contract. This contract will terminate with immediate effect if your child is excluded or if you are required to remove your child from the School.  

7.6 Your right to have decisions to exclude or require the removal of your child reviewed.  You are entitled to have any decisions taken by the School and/or Head to exclude or require the removal of your child under this Clause 7 reviewed. Any such review shall be governed by the final stage of the Complaints Procedure. 

8.1 The period of your child’s schooling. Subject to these terms and conditions, the School will accept your child as a pupil of the School and register your child on the School’s statutory register from the time of joining the School until the end of his or her schooling i.e. to the end of Year 8. 

8.2 Moving up the School. The School shall not be obliged to permit your child to enter the next Key Stage unless satisfied that it is appropriate to do so having regard to his or her academic attainments and all other relevant circumstances.  New Key Stages start at Year 1, Year 3 and Year 7.. However, except where the School agrees otherwise in writing and even where the School has imposed conditions on entry into the next Key Stage, if you wish to withdraw your child prior to entering the next Key Stage, Clause 5.1 applies and you will either need to give us a term’s written notice or pay us a term’s fees in lieu of notice. 

8.3 The scope of our duty to exercise reasonable skill and care for your child’s education and welfare. While your child remains a pupil of the School, we will 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. 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 direct supervision of a member of School staff.  The School shall adhere to and comply with the National Minimum Standards for Boarding Schools (applicable from time to time) published under the Children Act 1989 (as amended or superseded).

8.4 Consent to participation in trips and visits, in contact sports and other sports activities. Unless you notify us to the contrary, you consent to your child participating, under supervision, in contact sports and in other sports and activities which may entail some risk of physical injury. Further information can be found in the School’s Head Injury and Concussion Policy. You also consent to your child participating in trips and visits organised in the normal course of your child’s schooling. 

8.5 What happens if your child needs urgent medical attention. If your child requires urgent medical attention while under the School’s care, we will:  

8.5.1 take action (for example, by contacting the emergency services); 

8.5.2 try to contact you and, if we cannot contact you, try to contact any other named emergency contact or ‘responsible adult’; 

8.5.3 share relevant information that we hold about your child with any emergency services or treating medical professional (for example, by notifying them about any allergies which your child has); and 

8.5.4 where necessary, deal with decisions about your child’s medical treatment in accordance with the advice of the treating medical professional. 

8.6 Our right to make changes at the School. Our website and prospectus describe the broad principles on which the School is presently run. However, from time to time it may be necessary to make changes to any aspects of the School, including to the curriculum or to the manner of providing education for your child.   

8.7 We will give you notice of significant changes. Where practicable, we will give you notice of any planned changes that we regard as significant to your child’s education prior to the end of the penultimate term before the change is to take effect. For example, if a change is to take effect at the start of the autumn term, we would notify you before the end of the preceding spring term. This will allow you time to consider the proposed change and, if you wish to withdraw your child from the School before the proposed change is set to take effect, then you have sufficient time to provide the required term’s notice of withdrawal to the School under Clause 5.1 above.

8.8 Your child’s progress and needs at the School. We will monitor your child’s progress at the School and produce regular written reports. We will advise you if we have any serious concern about your child’s progress but we do not undertake to diagnose dyslexia, ADHD, or other conditions. A formal assessment in relation to any potential special educational needs or medical conditions may be required to help enable the School to understand the nature and extent of your child’s needs and what support it may be appropriate for the School to consider. Such assessments can be arranged either by you or by the School, or be jointly appointed and, depending on the circumstances, at your expense.  Given that a purpose of such assessments is to help enable the School to understand what support may be appropriate for the School to consider, the School will be able to nominate (in consultation with you) the expert or specialist who could carry out the assessment, put specific questions to them, input into the scope of their assessment and receive a copy of their assessment  (with your consent) and seek clarifications in relation to it. We expect you to engage with the School in a cooperative and transparent manner and provide assistance in relation to matters concerning your child’s progress and needs including in relation to obtaining such formal assessments. 

8.9 Religious observance and relationships and sex education (RSE) and health education.  Religious observance, relationships, and sex education (RSE) and health education at the School will be conducted in accordance with the School’s policies. 

9.1 We require your co-operation. In order to fulfil our obligations under this contract and to maintain a constructive relationship with you, we, the Head and School staff, need your co-operation. 

9.2 Examples of the co-operation and assistance we require. You must co-operate with the School and School staff in good faith, including by: 

9.2.1 maintaining a constructive relationship with School staff, acting reasonably, and ensuring the tone, content, volume and/or nature of your communications with the School are reasonable and appropriate;  

9.2.2 encouraging your child in his or her studies, giving appropriate support at home, and ensuring your child attends school;  

9.2.3 keeping the School up-to-date and informed about matters which affect or may affect your child (including circumstances which arise at any time that affect or may affect your ability to pay the fees and supplemental charges, any changes to their immigration status, and information relating to your child’s health or special educational needs or medical conditions); 

9.2.4 ensuring that all details or other information notified or otherwise disclosed to the School about you and/or your child are accurate, truthful and not misleading and that relevant details and information (which may include information relating to your child’s health or special educational needs or medical conditions), or changes to any of them, are not withheld and are shared in a timely and transparent manner;  

9.2.5 engaging with the School in a cooperative and transparent manner and providing assistance to the School so that your child can participate in, and benefit from, the School’s provision of education; and  

9.2.6 attending meetings and keeping in touch with the School where your child’s interests so require. 

9.3 You must notify us of your child’s health/medical conditions or special educational needs. It is a condition of your child’s joining and remaining at the School that you complete and submit to the School a medical questionnaire, via the Parent Portal in respect of your child, and that you complete and submit to the School a further medical questionnaire on your child’s admission to boarding. The child should also attend a health assessment at the School during their first half term. You must inform the School of any health or medical condition, special educational need(s) and/or disability that your child has at the time of joining the School or which subsequently changes or develops after joining the School, whether underlying, long-term, or short-term, including any infections.  You must also provide us, whether upon further request by the School or otherwise, any reports (whether in existence or to be commissioned), other materials or information relevant to any of the same and cooperate with the School in relation to the same. If you withhold from us or otherwise misrepresent to us information of this nature in particular, please be aware that this may result in us exercising our right to end this contract under Clause 14.1.2 below. 

9.4 Registration with the School Medical Officer. If your child is boarding, and if you live overseas or if your GP is more than 20 miles from the school, then you agree that the School will register your child with the School Medical Officer (SMO), a general practitioner based at Liphook and Liss Surgery (Swan Medical Group). You must comply with the SMO’s recommendations, including where the SMO recommends that you child must return home to you or to his/her education guardian when s/he is unwell.

9.5 Your child’s medication. You are required to ensure that medicine sent to the School for use by a Pupil is licensed for use in the UK for the purpose for which it is to be used and provided with an English translation (where applicable) and a doctor’s prescription. You must ensure that any medication is handed in to the Health Centre on arrival for the nursing team to assess and, if unlicenced in the UK, you agree that the SMO may prescribe an alternative UK licensed medication.

9.6 Injuries resulting in concussion. In the event of your child sustaining an injury leading to a diagnosis of concussion, you must support your child in adhering to government guidelines and the School’s policy for a Graduated Return to Activity (education) and Sport (GRAS).

9.7 Circumstances where we may require you to keep your child away from School. If the School so requires due to a health risk either presented by your child to others or presented to your child by others or by reason of a virus, pandemic, epidemic or other health risk, you may be required to keep your child at home and not permit him/her to return to the School until such time as the health risk has passed.  Where it is considered appropriate, we may provide education to your child remotely during such period on an interim basis and to the extent this is reasonable or proportionate (including, for example, by sending you/your child work assignments electronically or by post). For the avoidance of doubt, the School is not a remote-education provider and long-term arrangements in respect of remote provision are unlikely to be considered reasonable or proportionate. 

9.8 You must notify us of any special arrangements needed for your child. You must inform the School of any situations where special arrangements may be needed for your child, including for their education or welfare, and provide on reasonable request from the School such further information as may be reasonably required by the School to understand the basis for and scope of such arrangements. 

9.9 You must notify us of any court orders that relate to, or that may impact upon, the provision of education to your child. You must inform the School if, at any time prior to or during your child’s time at the School, a court order is put in place or an undertaking is given to a court in respect of (or relating to) your child’s attendance at the School (including its premises) and/or the School’s provision of education to your child.  In any such circumstances you must (whether upon request or otherwise) promptly provide the School with relevant information, including copies of the relevant court order(s) or undertaking(s) (or the relevant parts of them) having obtained the permission of the court if necessary. 

9.10 We require you to nominate a ‘responsible adult’ for us to contact in your absence. Where we notify you that this is a requirement (for example for parents who live overseas), It is a condition of your child’s joining and remaining at the School that you complete and submit to the School a parental absence form for your child. This form will nominate a ‘responsible adult’ (or ‘educational guardian’) for your child who, amongst other things, can be contacted if the School is not able to contact you and who can look after your child in your absence. The responsibility for choosing an appropriate ‘responsible adult’ or ‘educational guardian’ rests solely with you.  If your child’s visa is sponsored by the School as a Child Student, this is a requirement of their visa. You, or the ‘responsible adult’ or the ‘educational guardian’ must make living arrangements for your child during school holidays, including travel to and from the School.  You must notify the School of any changes to the identity or contact details of the ‘responsible adult’ or ‘educational guardian’.

9.11 Residence During Term Time. Unless an express agreement is in place with the School for your child to board at the School, during term time your child must reside with you or with an educational guardian.

9.12 We are entitled to expect that parents have consulted with each other regarding decisions relating to their child. You (and each of you as the holders of parental responsibility for your child) acknowledge and agree that the School is entitled to assume that you have consulted with each other so far as significant decisions regarding your child are concerned.  Accordingly, except under Clause 9.13 below or otherwise according to the circumstances, you (and each of you) accept that the School is entitled to treat: 

9.12.1 any instruction, authority, request, or prohibition received from one of you as having been given on behalf of both of you; and

9.12.2 any communication from the School to one of you as having been given to both of you. 

PLEASE READ THIS NEXT SECTION CAREFULLY – it sets out who needs to sign a notice of withdrawal of your child.

9.13 We are entitled to require that notices of withdrawal must be signed by both parents. A notice of withdrawal of your child served under this contract (i.e., under any of Clauses 3.1, 4.6, 4.14, 5.1, 5.2 or 5.5) must be in writing and signed by each of you as the holders of parental responsibility for your child (and the School shall be entitled not to accept such notice unless and until all holders of parental responsibility have signed such notice). 

9.14 You must notify us of your child’s absence from School. The School must be informed as soon as possible in writing of any reason for your child’s absence from School. You can do this by emailing absence@highfieldandbrookham.co.uk. Wherever possible the School’s prior consent should be sought for absence from the School. 

9.15 Parents must notify us if they will be absent for a period of time. If at any time during your child’s time at the School you (or either of you) will not be in the United Kingdom at any time or will otherwise be absent from your main residential address then you must inform the School immediately in writing and provide the details required by the School as a result, including the name and contact details for a ‘responsible adult’ for the period of your absence. 

9.16 Raising concerns with the School and making formal complaints.  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 undue delay. Complaints should be made in accordance with the Complaints Procedure. 

Your responsibility to make your own insurance arrangements. You must make your own insurance arrangements if you require cover for your child or their property while at School or for the payment of fees due to absence of your child or closure of the School premises. 

11.1 References for your child. We may supply information and a reference in respect of your child to any educational institution which you propose your child may attend or, where applicable, to any prospective employer (so that they can make a full and legitimate assessment of your child’s suitability for their establishment).  Any reference supplied by us (or received by us) will be confidential. We will take care to ensure that all information that is supplied by us 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 responsible for any loss you are, or your child is alleged to have suffered resulting from opinions reasonably given, or correct statements of fact contained, in any reference or report given by us. 

11.2 Our use of information relating to your child, and to you, for certain purposes connected with the running of the School.  This will include making use of name, contact details, school records, photographs and audio-visual recordings relating to your child (and where appropriate, to you), both whilst your child is at the School and after he or she has left, for the purposes of:  

11.2.1 managing relationships between the School and current pupils/parents and fulfilling our obligations to you, including educational and examination purposes, safeguarding, statutory reporting, health and safety, complaints, administration, and processing of fees; and 

11.2.2 promoting the School to prospective pupils/parents, publicising the School’s activities, and communicating with the school community and the body of former pupils.  

In respect of sub-clause 11.2.2, this includes use of such information by the School in/on the School’s prospectus (in whatever format or medium it is produced/made available), the School’s website and (where appropriate) any of the School’s social media channels. Information will only be used for the purposes set out in clause 11.2.2 where you have given consent for this. 

11.3 You are required to update us of changes to information held, or in circumstances relating to, you and/or your child. You must: 

11.3.1 confirm (or update, if necessary), when requested, such information (and/or documentation) about you and/or your child that is held by the School; and  

11.3.2 inform the School of any change to your or your child’s circumstances (including, where applicable, in connection with your child’s entitlement to enter, reside and/or study in the United Kingdom), or to information about you or your child that has previously been notified to the School, including relevant contact details. 

11.4 We will send information (e.g. school reports) about your child to both of you as a matter of course. Any person who has parental responsibility for your child is entitled to receive certain core information from the School about your child’s progress and attainment. The School will therefore disclose such information as a matter of routine to each such person unless the School is restricted from doing so by a court order (or similar direction) or by any other legal requirement or obligation (for example, under data protection law). 

11.5 Data Protection Law. The School will process personal data about you and your child in accordance with data protection law, including the UK General Data Protection Regulation and the Data Protection Act 2018 (each as amended or superseded) and other related legislation. We will process such personal data: 

11.5.1 as set out in this Clause 11, and in the School’s ‘Privacy Notice’ which is available on the School’s website as may be amended from time to time;  and

11.5.2 in order to comply with any court order, request from or referral to an appropriate authority, or legal obligation, or regulatory or good practice requirement; and  

11.5.3 to perform our obligations under this contract, and where otherwise reasonably necessary for the School’s purposes; and

11.5.4 where necessary for the purposes of legitimate interests pursued by us or a third party, except where such interests are overridden by the interests, rights or freedoms of either your child, you or a third party.

11.6 As a ‘Student Sponsor’ we need to provide certain information to the Home Office. In order to comply with our legal obligations as a licensed Student Sponsor for immigration purposes, we need to ensure that all our pupils have the right to study in the UK and will require documentation in this regard. In addition, we may need to provide information relating to your child’s right to enter, reside and/or study in the United Kingdom to the Home Office (and to do so whether your child is a sponsored child or not). Such information may include information about your child’s immigration status, attendance records, and any changes in your or your child’s circumstances (including where your child is excluded, required to be removed, or this contract is terminated). Occasionally, information regarding your immigration status in the UK may also be required.  

Recognising these rights. We shall recognise any intellectual property rights created, generated, or owned by or vested in your child. 

The circumstances in which we may transfer this contract to someone else. We may transfer our rights and obligations under this contract to another person or organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this contract.  

14.1 Our rights to end the contract. In addition to where this contract is terminated automatically as a result of an exclusion or required removal under Clause 7, the School may end this contract at any time by notice in writing to you, without any obligation to return any deposit or fees to you, if: 

14.1.1 you do not make a payment to us when it is due, and you still do not make payment within fourteen days of us reminding you that such payment is due; 

14.1.2 you (or either of you) make a serious misrepresentation of facts or circumstances to us, or you (or either of you) withhold important information from us, about you and/or your child or that is relevant to the provision of education by the School to your child (such as misrepresenting at any point in time (and whether by act, omission or withholding of information on your part) that your child is legally entitled to enter and study in the United Kingdom when in fact your child is not or any information about your child’s health, medical condition, special educational needs, disability or allergies); 

14.1.3 you fail or refuse to provide us at any time with information we require under Clause 4.16; or we are not satisfied with the information you have provided (if any). Instead of ending this contract, we may otherwise refuse to allow your child to attend school until the relevant satisfactory information has been provided; 

14.1.4    your child no longer holds an immigration status which confers a right to study in the UK 

14.1.5 you (or either of you):  

(a) are unable, following our request, to demonstrate that you will be able to pay the fees and supplemental charges due under this contract;

(b)repeatedly or persistently fail to pay the fees when they fall due for payment; 

(c) are otherwise unable to pay your debts as they fall due;  

(d) are the subject of a bankruptcy petition or order; or 

(e) you enter into an individual voluntary arrangement; or 

14.1.6 you otherwise do not comply with (i.e. you breach) your obligations under this contract such that we have a legal right to end the contract because of something you have done wrong or, in the Head’s reasonable discretion, the School is not able to provide, or is compromised in providing, the educational services it needs to in satisfaction of its obligations under this contract. 

14.2 Your rights to end the contract. You may end this contract at any time by notice in writing to the School if: 

14.2.1 you have a legal right to end the contract because of something we have done wrong; or 

14.2.2 the School becomes insolvent or goes into liquidation or receivership or administrative receivership or is wound-up for any reason. 

14.3 When this contract will end if not terminated early. For the avoidance of doubt and without us having to provide you with notice, this contract shall end at the end of your child’s schooling at the end of Year 8.  

14.4 Ending the contract will not affect any accrued rights. Once this contract ends, it will not affect any legal rights or obligations that either you or we have that may already have arisen, for example your obligation to pay any outstanding invoices, fees, or supplemental charges. After this contract ends, you and the School will keep any rights each has under, or as a matter of, general law. 

15.1 What we mean by an “event outside of our/your control”. We mean any event beyond either your or our reasonable control including acts of God, war, riot, civil commotion, compliance with any law or governmental order, rule, regulation, guidance, or direction (including that of a local authority), accident, fire, flood, storm, pandemic or epidemic of any disease, terrorist attack, chemical or biological contamination. In the remainder of this Clause 15 we shall refer to such events outside of our/your control as an “event“. 

15.2 What happens if we are affected by an event outside of our control. If an event arises which prevents or delays the School’s performance of any of its obligations under this contract, the School shall give you notice in writing specifying the nature and extent of the circumstances giving rise to the event. Provided that the School has acted reasonably and prudently to prevent and/or minimise the effect of the event, the School will not be responsible for not performing those of our obligations which are prevented or delayed by, and during the continuance of, the event. To the extent reasonably practicable in the circumstances the School shall try during the continuance of the event to continue to provide educational services (including by providing appropriate educational services remotely). 

15.3 Events lasting more than 6 months. If the School is wholly and completely prevented from performing all of its obligations as a result of an event (and is unable to provide educational services remotely) for a continuous period of more than six (6) months, the School shall notify you of the steps it plans to take to ensure performance of the contract after such period and you shall then, following receipt of such notice, be entitled to end this contract on written notice to the School and without giving a term’s notice or paying fees in lieu of notice. 

15.4 What happens if your child is affected by an event outside of your control. Subject to Clause 4.15 (which means that you are not entitled to a refund or reduction in fees in cases of illness or absence), if your child is wholly and completely unable to participate in the provision of any education at School or remotely due to reasons caused by an event you shall give the School notice in writing of such circumstances and the following provisions shall apply:

15.4.1 in consultation and cooperation with the School you shall do everything you reasonably can to minimise the impact of the event in order to continue to perform your obligations under this contract in any way that is reasonably practicable in the circumstances; and resume the performance of the obligations as soon as reasonably possible; 

15.4.2 in circumstances where, following the efforts made and steps taken under sub-clause 15.4.1 above, your child is not able to participate and benefit from any level of provision of education by the School (whether at School or remotely) then you shall not be responsible for failing to perform your obligations (including the obligation to pay fees, pro-rated accordingly) during the continuance of the event; and   

15.4.3 if the event continues to prevent your child wholly and completely from attending the School or being able to participate and benefit from any level of provision of education by the School (whether at school or remotely) for more than six (6) months you shall discuss with the School a solution by which this contract may be performed and, following such discussions, you or the School shall be entitled to cancel the contract on written notice  and without you being required to give a term’s notice or to pay a term’s fees in lieu of notice.  

For the avoidance of doubt, your inability to pay the fees for any reason shall not be considered an event.

16.1 Notices must be in writing. When this contract requires you or the School to give notice of something to the other then, unless we agree otherwise, this should be done in writing. 

16.2 We will use the contact details held by the School to contact you. Communications (including notices) will be sent by the School to you at the address(es) shown in our records or using your other contact details included in our records. You must notify the School of any change of address(es) or other contact details. 

16.3 How to provide written notice to the School. Notices that you are required to give under these terms and conditions must be in writing addressed to the Head and either:  

16.3.1 sent by email to the School using this email address: head@highfieldandbrookham.co.uk; or 

16.3.2 delivered by hand or post to the School.  

In light of the importance under this contract of serving certain notices on or before a particular deadline (and the consequences that follow if you do not do so) we recommend that if you provide notice under any of Clauses 3, 4.6, 4.14, 5.1 or 5.2 of these terms and conditions (which are the provisions dealing with withdrawing your child from the School or otherwise changing their place) you telephone the School to confirm receipt if you have not received an acknowledgement from us within 48 hours (during term-time) and one week (during a school holiday period) after sending the notice. 

17.1 The law that applies to this contract. The contract between you and the School is governed by English Law and either you or the School must bring legal proceedings in respect of this contract in the English courts.  

17.2 Rights in relation to the enforcement of this contract. If we choose not to enforce any part of this contract, or delay enforcing it, this will not affect our right to enforce the same part later (or on a separate occasion) or the rest of this contract. If we cannot enforce any part of this contract, this will not affect our right to enforce the rest of this contract. 

Reserving the right to change these terms and conditions. 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. The School will send you notice of any such modifications prior to the end of the penultimate term before the modifications are to take effect. For example, if the updated terms and conditions are to take effect at the start of the autumn term, we will notify you before the end of the preceding spring term.