Standard Terms and Conditions
Dulwich College - Standard Terms & Conditions
1. Introduction 1.1
attended the College that term (limited to the parental contribution if the College had agreed to award the Pupil a scholarship or bursary for the relevant term). “Fees List” means the note of the College’s prevailing fees notified to you from time to time, a copy of which is available on the College’s website and from the College at any time upon request. “Force Majeure Event” means a circumstance that is outside the reasonable control of a party to the Parent Contract, including any of the following: (i) acts of God, fire, flood, storm, heatwave, drought, earthquake, volcanic activity or other serious natural events; (ii) disruption of transport by weather conditions or other natural events; (iii) epidemic or pandemic; (iv) terrorist attack or threat, or government or police action in relation thereto; (v) civil unrest, commotion, protests or riots; (vi) war, threat of or preparation for war, armed conflict, sanctions, embargoes or breaking-off of diplomatic relations; (vii) nuclear, chemical or biological contamination or accident; (viii) any law or regulation; (ix) any act or omission by a governmental or public authority (including any order, rule, regulation, guidance, decision or direction); (x) collapse of buildings, fire, explosion or accident; (xi) any labour or trade disputes, strikes, industrial action or lockouts; (xii) non-performance by suppliers or contractors; and (xiii) interruption or failure of a major utility or technology service. “Governors” mean the governing body of the College, who are charity trustees and responsible for the governance of the College. “Head of School” means one of the following: the Head of the Junior School, the Head of the Lower School, the Head of the Middle School and the Head of the Upper School. “the Master” means the person who has overall executive responsibility for the running of the College and that expression includes those to whom any duties of the Master or the Governors have been delegated. “Parent” means any person who has signed the acceptance form and “Parents” means all such persons.
These terms and conditions reflect the custom and practice of independent schools for many generations and are intended to promote the education and welfare of each pupil and the stability, forward-planning, proper resourcing and development of the College. Together with any letter of offer, any acceptance form signed by the Parents, the Fees List and any conditions of award that may be attached to a bursary or scholarship, these terms and conditions form the legally-binding contract for educational services made between the Parents and the College in relation to the Pupil (“the Parent Contract”). We ask the Parents to read these terms and conditions carefully and in particular draw the Parents’ attention to the provisions of paragraphs 2.14, 8, 9 and 10. If the Parents have any queries regarding these terms and conditions please contact the Clerk to Governors, Dulwich College, Dulwich Common, London SE21 7LD For the avoidance of doubt (and if not terminated before then) the Parent Contract will automatically come to an end (without the Parents or the College having to give the other notice) when the Pupil comes to the end of Year 13 at the College. The ending of the Parent Contract in this way will not affect any legal rights or obligations that have already arisen (for example the Parents’ obligation to pay any outstanding Fees). After the Parent Contract ends, the parties will keep any rights they each have as a matter of general law.
2.7
2.8
1.2
1.3
2.9
2. Terminology
2.10
2.1
“acceptance form” means the document produced by the College which (once signed) confirms acceptance of the College’s offer of a place at the College for the Pupil. “admission” occurs when Parents accept the offer of a place for the Pupil. “the College”, “we” and “us” mean Dulwich College as now or in the future constituted. The College is a registered charity. “Entry” is the date when the Pupil attends or is due to attend the College for the first time as a pupil of the College pursuant to the Parent Contract. “Fee” and “Fees” where used in these terms and conditions include each of the following charges where applicable: (i) registration fee; (ii) acceptance deposit; (iii) tuition fees; (iv) boarding fees; (v) fees for extra tuition; (vi) examination fees; (vii) any fees payable in respect of the coach service; (viii) extras such as boarding house charges, charges in respect of clothing, equipment, photographs and other items ordered by the Parents or the Pupil and charges arising in respect of visits, tours, trips and outings; (ix) any fee and expenses charged by the College for helping the Pupil to apply for or renew a visa to study in the United Kingdom or to visit any country as part of a College-organised trip; (x) compensation for negligent or wilful loss of or damage to property belonging to any person by the Pupil; and (xi) late payment charges, if incurred (including interest). “Fees in lieu of notice” means Fees in full for the term of notice at the rate that would have applied had the Pupil
2.11
2.2
2.3
2.12
2.4
2.13 In this document a reference to the parties to the Parent Contract means (i) the College; and (ii) the Parents.
2.14
“the Pupil” is the child or person named on the acceptance form and includes a pupil aged 18 or over. The age of the Pupil will be calculated in accordance with the College’s normal custom. “suspension” means that a pupil has been sent or released home for a limited period (for example as a disciplinary sanction or pending the outcome of an investigation or by reason of non-payment of Fees).
2.5
2.15
2.16 A “term’s notice” means written notice given before the first day of a term and expiring at the end of that term.
2.17
“VAT” means value added tax.
2.18 A “working day” means a day which is not a Saturday or Sunday, nor an English public holiday. 2.19 In these terms and conditions the College sometimes provides illustrative examples to try and provide the
2.6
Dulwich College - Standard Terms & Conditions
Parents with a better understanding of what the College is 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.
request that the College sponsors the Pupil to enter and study in the United Kingdom: (a) the Parents’ completion of the acceptance form will be deemed to constitute confirmation that the Pupil has the legal right to be in the United Kingdom and attend the College; and (b) the Parents will provide the College with such documentation as the College may reasonably require to evidence the Pupil’s legal right to be in the UK and attend the College and will inform the College immediately of any change in visa status. (iii) The provision of false information regarding the Pupil’s nationality or immigration status will be considered a material breach of the Parent Contract. (iv) If the Pupil is found not to be in possession of the correct leave to be in the United Kingdom, the Pupil may be required to leave the College on immediate notice and without refund of the acceptance deposit or Fees paid. (v) Where the Pupil holds a Child Student visa that is sponsored by the College the Parents shall immediately inform the College of any intended or actual change in the Pupil’s accommodation arrangements during their period of sponsorship; (vi) If the Pupil holds a Child Student visa sponsored by the College, the Pupil may be required to leave the College on immediate notice and without refund of the acceptance deposit or any other Fees paid if the Parents: (a) have arranged accommodation for the Pupil which does not meet the requirements of the Child Student Immigration Rules; or (b) are uncooperative or act in a way that might jeopardise the College’s licence to act as a sponsor (e.g. a refusal or delay in providing relevant information or documentation). Meaning: Pastoral care is a theme that runs throughout all aspects of life at the College and is directed towards the happiness, success, safety and welfare of each pupil and the integrity of the College community. Equal Treatment: The College welcomes pupils from many different ethnic groups, backgrounds and creeds and acknowledges its statutory obligation to make reasonable adjustments to accommodate the needs of pupils who have disabilities. Ethos: The College seeks to foster good relationships between members of staff, between the pupils themselves and between members of staff and pupils. Bullying, harassment, victimisation and discrimination are not tolerated. The College and its staff will act fairly in relation to pupils and parents and we expect the same of pupils and parents in relation to the College and its staff. The College’s anti-bullying policies are available on request from the Master’s Office and are on the College’s website. Our Commitment: We will do all that is reasonable to safeguard and promote the Pupil’s welfare and to provide pastoral care to at least the standard required by law in the particular circumstances and often to a much higher standard. We will respect the Pupil’s human rights and freedoms, balanced with the lawful needs and rules of the College’s community and the rights and freedoms of others. Master’s Authority: The Parents authorise the Master to take and/or authorise in good faith all decisions which the Master considers (on proper grounds) will safeguard and promote the Pupil’s welfare.
3. Admission and Entry to the College
3.1
Registration and Admission: Applicants will be considered as candidates for admission and entry to the College when the registration form has been completed and returned to the College and the non-returnable registration fee paid. Admission will be subject to the availability of a place and the Pupil and the Parents satisfying the admission requirements at the time. Offer of a Place and Acceptance Deposit: An acceptance deposit of such amount as may from time to time be determined by the College will be payable when the Parents accept the offer of a place. (The acceptance deposit payable for a boarding place is a larger sum than the acceptance deposit for a day place.) The acceptance deposit is not refundable if the Pupil does not take up their place at the College (see paragraphs 9.2 and 9.3 below), unless stated otherwise in these terms and conditions. Otherwise, the acceptance deposit will be repaid by means of a credit (without interest) to the final payment of Fees or other sums due to the College when the Pupil leaves the College. Until credited, the acceptance deposit will form part of the general funds of the College. Direct debit mandate: Except where none of the Parents lives in the United Kingdom or has an account with a bank or building society with offices in the United Kingdom: (i) the Pupil may not join the College until the Parents have returned to the College a duly completed direct debit mandate; and (ii) the Parents will sign and return a direct debit mandate promptly on the College’s request. Boarding Pupils – First Term’s fees payable on acceptance: In the case of a boarding place, the Parents shall pay a full term’s boarding and tuition fees (in addition to the acceptance deposit) when they accept the offer of a place. The boarding and tuition fees paid in advance will be credited on the invoice for the first term’s fees. Day Pupils with Parents overseas - First Term’s fees payable on acceptance: If the Parents are outside the United Kingdom when they sign the acceptance form or provide an address or addresses outside the United Kingdom on their acceptance form, the Parents shall pay a full term’s tuition fees (in addition to the acceptance deposit) when they accept the offer of a place. The tuition fees paid in advance will be credited on the invoice for the first term’s fees. Immigration: (i) In order to comply with the College’s responsibilities as a Home Office licensed sponsor, the Parents consent to the College notifying and/or supplying information relating to the Parents’ and/or the Pupil’s right to enter, reside and/or study in the United Kingdom to the United Kingdom Visas and Immigration unit of the Home Office (regardless of whether or not the College sponsors the Pupil). (ii) If the Pupil does not have British or Irish citizenship and the Parents do not
3.2
4. Pastoral Care etc 4.1
3.3
4.2
3.4
4.3
3.5
4.4
3.6
4.5
Dulwich College - Standard Terms & Conditions
4.6
Confidentiality: The Parents authorise the Master to override their own and (so far as they are entitled to do so) the Pupil’s rights of confidentiality, and to impart confidential information on a ‘need-to-know’ basis where necessary to safeguard or promote the Pupil’s welfare or to avert a perceived risk of harm to the Pupil or any other person. Pupils’ Rights: A pupil of sufficient maturity and understanding has certain legal rights which the College must respect. These include the right to give or withhold consent in a variety of circumstances and certain rights of confidentiality and, usually, the right to have contact with both natural or adoptive parents. If a conflict of interests arises between a Parent and the Pupil, the legal rights of, and duties owed by the College to, the Pupil will in most cases take precedence over the rights of, and duties owed to, the Parent. Provision of Information to parents: Ordinarily the College provides (and only provides) information about a pupil to the persons who signed the acceptance form in respect of the relevant pupil. However, the College is not obliged to provide information about a pupil to such a person where: (i) a court order has been made to the contrary; (ii) in the College’s reasonable opinion withholding information from that person is in the relevant pupil’s best interests; or (iii) the College does not believe the person in question has legal or parental responsibility for the relevant pupil. At the same time, the College reserves the right to give information about a pupil to another person where: (a) the College believes that that person has legal or parental responsibility for that pupil; and (b) the College believes that providing the information to that person is in the pupil’s best interests. Disclosure of information by Parents: The Parents must, as soon as possible, disclose to the College details of: (i) any medical condition, health problem or allergy affecting the Pupil; (ii) any behavioural, emotional or social difficulty that the Pupil may have; (iii) any disability, learning difficulty or special educational need that the Pupil may have; (iv) any circumstances which might affect the Pupil’s welfare, safety or happiness; (v) any court order affecting the Pupil’s care or welfare; and (vi) any changes regarding matters falling within (i) to (v) that were previously disclosed to the College. Physical Contact and Contact Sports: The Parents give their consent to such physical contact as may accord with good practice and be appropriate and proper for teaching and instruction, for providing comfort to a pupil in distress, to maintain safety and good order, or in connection with the Pupil’s health and welfare. Unless the Parents notify the College to the contrary, the Parents consent to the Pupil participating, under proper supervision, in contact and non-contact sports and other activities forming part of the College curriculum and they acknowledge that (while the College will provide appropriate supervision) the risk of injury cannot be eliminated. For the avoidance of doubt, corporal punishment is illegal. Leaving and off College Premises: The College will use reasonable endeavours to prevent the Pupil leaving premises in breach of College Rules. The Parents acknowledge, however, that the College is not legally entitled to prevent a pupil aged 16 or older leaving College premises. The College is not responsible for the
welfare of the Pupil whilst off College premises unless the Pupil is taking part in a College activity or otherwise under the direct supervision of a member of College staff. Complaints: Any question, concern or complaint about the pastoral care or safety of the Pupil should be notified immediately to their Form Tutor or Head of School. A copy of the College’s current Complaints Procedure will be supplied on request and is available on the College’s website. Special Precautions: The Parents may be excluded from College premises if the Master or any Deputy Master considers such exclusion to be in the best interests of the Pupil or the College. Residence during Term-time: Except when boarding, pupils are required during term-time (including weekends) to reside with a parent or legal guardian or with an education guardian acceptable to the College. If space is available, short-term boarding may be provided during term time and charged as an extra for a day pupil whose home accommodation arrangements have broken down. The Pupil’s Head of School must be notified in writing immediately if the Pupil will be residing during term time under the care of someone other than a parent. Term-time Absences: The Parents acknowledge that the Pupil must attend College throughout term-time and that (save in exceptional circumstances and with the prior agreement of the Master or the Pupil’s Head of School) the Parents may not take the Pupil out of school during term-time to go on holiday or for any other reason. The Parents acknowledge that a pupil’s absence from College disrupts both their own education and the education of their fellow pupils. In the case of non-boarding pupils, when both Parents will be absent from the Pupil’s home overnight or for a twenty-four hour period or longer, the College must be informed in writing of the name, address and telephone number of the adult who will have care of the Pupil in the Parents’ absence. It is expected that the Pupil will reside with this adult during the Parents’ absence. Education Guardians: A pupil of any age whose parents are resident outside the United Kingdom must have an education guardian in the United Kingdom who has legal authority to act on behalf of the parents in all respects and to whom the College can apply for authorities when necessary. The College can accept no responsibility during exeats (permitted periods of time away from school), half term or the holidays for pupils whose parents are resident abroad. The parents and guardians of such pupils must make holiday arrangements, including travel to and from the College, well in advance. The responsibility for choosing an appropriate education guardian rests solely with the Parents. The Parents are responsible in each case for satisfying themselves as to the suitability of an education guardian. Personal Data: The College will need to use and share information relating to the Pupil and the Parents (including names, contact details, school records, photographs and video recordings) whilst the Pupil is at the College and after the Pupil has left, for various purposes connected with the running of the College including: Managing relationships between the College and current pupils/parents; fulfilling the College’s
4.12
4.7
4.13
4.14
4.8
4.15
4.9
4.16
4.10
4.17
4.11
Dulwich College - Standard Terms & Conditions
obligations under the Parent Contract; assessing eligibility for bursarial support; promoting the College to prospective pupils/parents; publicising the College’s activities; fundraising; communicating with the College community and alumni body and maintaining the College’s historical archives. This may include use of such information by the College in/on the College’s prospectus and other promotional material, the College’s website and the College’s social media channels. The College will process personal data about the Parents and the Pupil in accordance with the applicable data protection legislation. The College will process such personal data: (i) in order to comply with any court order, request from or referral to an appropriate authority or legal, regulatory or good practice requirement; (ii) to perform the College’s obligations under the Parent Contract and for the purposes set out in the Parent Contract; and (iii) where otherwise reasonably necessary for the College’s legitimate purposes. The College places privacy notices on its website giving further information about its use of personal data and the rights of data subjects. Right to object (Photographs & Film): The Parents should notify the College’s Director of Communications in writing if they do not wish photographic, film or other images of the Pupil to appear in any of the College’s promotional material (including its prospectus, website and any editorial and advertising in the media) or in communications with other pupils (the intranet), alumni (e.g. the College magazine), donors and feeder schools or to be shared with any other school, educational body or charity with whom the College carries on joint activities or educational programmes. The Parents should also inform the Pupil of their wishes in this regard. Transport: The Parents consent to the Pupil travelling by any form of public transport and/or in a motor vehicle driven by a responsible adult who is duly licensed and insured to drive a vehicle of that type. If the Pupil has a UK driving licence and drives to College, the Parents will take all reasonable steps to ensure that the Pupil complies with the guidelines issued by the College (available from the Upper School Office). Liability: Unless negligent or guilty of some other wrongdoing causing injury, loss or damage, the College does not accept responsibility for accidental injury or other loss caused to the Pupil or the Parents or for loss or damage to property. Pupil’s Personal Property: Pupils are responsible for the security and safe use of all their personal property (including bicycles, money, mobile phones, locker keys, watches, computers, calculators, MP3 players, cameras, musical instruments and sports equipment) and for property lent to them by the College. Insurance: The Parents are responsible for insurance of the Pupil’s personal property whilst at the College or on the way to and from College or participating in any College-organised activity away from the College. From time to time the College may arrange or suggest other insurance for pupils (e.g. personal accident insurance) but the College does not accept a contractual duty to do so. The Parents may obtain further information about insurance on application to the Fees Administrator. It is the Parents’ responsibility to arrange for a claim to be made if the Pupil is the insured person under the relevant insurance policy.
4.23
Force Majeure: (i) Subject to sub-paragraph (ii) below, neither the College nor the Parents will be liable if and for so long as they are unable fully or promptly to perform their obligations under the Parent Contract as a result of a Force Majeure Event provided they do everything they reasonably can to mitigate its effect. (ii) Sub-paragraph (i) shall not apply to the payment obligations of the parties to the Parent Contract. (Please see also paragraph 11.7 below.) Medical Declaration: Within 7 days of the College’s request, the Parents will complete and return a medical declaration concerning the Pupil’s health. The Parents must inform the Pupil’s Head of School in writing if the Pupil: (i) develops any medical condition, health problem or allergy; (ii) suffers an injury that may affect the Pupil’s ability fully to participate in school activities (academic, co-curricular or supra-curricular); (iii) is unable to take part in games or sporting activities; or (iv) has contact with any infectious disease. Medical Care: Every boarder must be registered on the list of the College Medical Officer while a pupil at the College. The Parents must comply with the College Medical Officer’s quarantine regulations as amended from time to time. Medical Examination: All new boarders must have a routine medical examination with the College Medical Officer (or other doctor appointed by the College), usually during their first term at the College. New day pupils may be required by their Head of School to have a routine medical examination during their first term. Arrangements can be made (on request) for a parent to be present, but this is subject to the Pupil’s consent if the Pupil is of sufficient maturity and understanding (usually at 12 years old). All new pupils complete the College’s health questionnaire. Pupil’s Health: The College may at any time require a medical opinion or certificate as to the Pupil’s general health. A pupil of sufficient age and maturity is entitled to insist on confidentiality. Medical Information: Throughout the Pupil’s time at the College, the College Medical Officer shall have the right to disclose confidential information about the Pupil, if considered to be in the Pupil’s own interests or necessary for the protection of other members of the College community. Such information will be given and received on a confidential, ‘need-to-know’ basis. Emergency Medical Treatment: The Parents authorise the Pupil’s Head of School, the Master or a Deputy Master to consent (on behalf of the Parents) to the Pupil receiving emergency medical treatment, including blood transfusions (unless the Parents have notified the College that they object to blood transfusions), general anaesthetic and operations under the National Health Service or at a private hospital where recommended by an appropriately qualified person to be necessary for the Pupil’s welfare and if the Parents cannot be contacted in time. Emergency Contacts: The Parents shall provide the College with the contact details for two emergency contacts (both adults) in respect of the Pupil.
5. Health and Medical Matters 5.1
4.18
5.2
5.3
4.19
5.4
4.20
5.5
4.21
5.6
4.22
5.7
Dulwich College - Standard Terms & Conditions
6.8
Learning Difficulties: The College is not qualified to make a medical diagnosis of conditions that affect learning (e.g. dyslexia, dyspraxia, attention deficit hyperactivity disorder and autism spectrum conditions). The screening tests available to schools are indicative only and are fallible. The Parents will be notified if a screening test indicates that the Pupil may have a learning difficulty. A formal assessment may be arranged by the Parents themselves at their own expense. The Parents must notify the Pupil’s Head of School in writing if they are aware or suspect that the Pupil may have a learning difficulty, or that reasonable adjustments or special arrangements may need to be made for the Pupil. In such cases, the Parents must provide the College with copies of all written reports and other information reasonably requested by the College to assist the College in understanding the Pupil’s needs and the basis and scope of any required adjustments or arrangements. The College will then consider what further action (if any) should be taken. In such circumstances, the Parents should engage with the College in a cooperative and transparent manner and provide assistance in relation to matters concerning the Pupil’s progress and needs (including permitting College input in relation to obtaining any formal assessments). Intellectual Property: (i) The College reserves all intellectual property rights (including copyright, design right, registered design, patent or trademarks) in any work carried out by the Pupil in conjunction with any member of staff and/or other pupils at the College for a purpose associated with the College. The College will acknowledge the Pupil’s role in the creation and/or development of such intellectual property rights, where appropriate. (ii) Subject to sub-paragraph (i), copyright in the Pupil’s original work, such as classroom work, prep or homework, projects, internal examination scripts, paintings and computer-generated material, belongs to the Pupil. Most such work (but not examination scripts) will be returned to the Pupil when it is no longer required for the purposes of assessment or display. The Parents consent for themselves and (so far as they are entitled to do so) on behalf of the Pupil, to our retaining such work at College premises until, in our professional judgement, it is appropriate to release the work to the Pupil. Certain coursework may have to be retained for longer than other work in order to comply with examination board requirements. We will take reasonable care to preserve the Pupil’s work but cannot accept liability for loss or damage caused by circumstances beyond our reasonable control. College Trips: The Pupil will be able to participate in a variety of College trips and educational visits whilst at the College. The cost of some College trips and visits will be charged as an extra. College trips abroad or those in the United Kingdom involving an overnight stay will be the subject of a separate agreement with the Parents. The cost of the trip will be payable in advance. The Pupil is subject to College discipline in all respects whilst engaged in a College trip. All additional costs of special measures (such as medical costs, taxis, air fares, or professional advice) necessary to protect the Pupil’s safety and welfare, or to respond to breaches of discipline, will be charged as an extra. The College will do all that is reasonable to ensure that the Pupil is appropriately supervised, according to the Pupil’s age and maturity.
5.8
Keeping the Pupil at home: If the College so requires (due to a health risk posed by the Pupil to others or vice-versa or by reason of a virus, pandemic, epidemic or other health risk) the Parents will keep the Pupil at home and not permit the Pupil to return to the College until such time as the College believes the health risk has been averted. The College shall use all reasonable endeavours to continue providing education to the Pupil remotely during any such period (for example, by sending work assignments electronically or by post). Our Commitment: The College will provide its educational services with all reasonable care and skill. Organisation: The College reserves the right to organise the curriculum and its delivery in a way which, in the professional judgement of the Master, is most appropriate to the College community as a whole. The College’s policy on setting and class sizes may change from year to year and from time to time and will depend mainly on the mixture of abilities and aptitudes among the pupils and may take into account management of friendship groups. Reasonable changes may be made to the pastoral and disciplinary framework, to the College day and terms, to the curriculum, to the public examinations offered and the subjects for such examinations, to the sports and co-curricular provision and to the premises. Progress Reports: The College monitors the progress of each pupil and reports regularly to parents by means of grades, written reports and parents’ evenings. Personal, Social and Health Education: All pupils will receive health, relationships and life skills education (including sex education) appropriate to their age in accordance with the curriculum from time to time. Public Examinations: The Master may, after consultation with the Parents and the Pupil, decline to enter the Pupil’s name for a public examination if, in the exercise of professional judgement, the Master considers that: (i) by doing so the Pupil’s prospects in other examinations would be impaired; or (ii) the Pupil has not worked or revised in accordance with advice or instruction from the College’s staff. The Parents acknowledge that the College cannot guarantee the results the Pupil will achieve in public examinations. Reports and References: Information supplied to the Parents and others concerning the progress and character of the Pupil and any references will be given conscientiously and with all reasonable care but otherwise without liability on the part of the College. The College is not obliged to disclose references in relation to the Pupil that are supplied by or to the College in confidence. Universities, Career advice etc: The College will exercise all reasonable care when providing advice about subject choices, higher education and careers. The Parents acknowledge that they have a responsibility to carry out their own research and provide advice to the Pupil on such issues and agree to discuss with the College in advance any concerns that they may have regarding any applications that the Pupil proposes to make.
6. Educational Matters 6.1
6.2
6.9
6.3
6.4
6.5
6.6
6.10
6.7
Dulwich College - Standard Terms & Conditions
6.11
Transition from one part of the College to another: The Parents acknowledge that in order to progress from one part of the College to another the Pupil will need to meet the academic requirements specified by the College at the relevant time and the College will need to be satisfied that the Pupil will be able fully to access and make a success of the formal academic curriculum in the relevant part of the College. Moving up from one part of the College to another is also dependent upon the Pupil complying with the College Rules and upon the Parents having a good payment record and having paid all outstanding sums due to the College.
time); (ii) do all that they reasonably can to ensure the Pupil takes a full part in the activities of the College; (iii) do all that they reasonably can to ensure the Pupil attends each College day, is punctual and appropriately dressed; (iv) promptly inform the College if the Pupil is unable to attend school due to sickness or injury; (v) do all that they reasonably can to ensure that the Pupil works hard, is well-behaved and complies with the College Rules; (vi) encourage the Pupil in their studies and give the Pupil appropriate support at home; (vii) keep the College informed of matters affecting the Pupil of which the College needs to be aware; (viii) inform the College as soon as possible if the Parents have concern as to a matter of safety, care, discipline, education or progress regarding the Pupil; (ix) maintain a courteous and constructive relationship with College staff (ensuring the tone and content of the Parents’ communications are reasonable and appropriate); (x) engage with the College in a reasonable, co-operative and transparent manner; (xi) provide assistance to the College to enable the Pupil to participate and benefit from the College’s provision of education (including where the College wishes to provide such education remotely); (xii) attend meetings and otherwise keep in touch with the College; and (xiii) set a positive example for children by modelling good conduct and showing respect for others. Parental Responsibility: The Parents will promptly disclose to the College if any person who has not signed the acceptance form in respect of the Pupil has (or acquires) parental responsibility for the Pupil and at the same time shall provide their contact details to the College. Thereafter, the Parents shall ensure that the College always has the up-to-date contact details for the said person(s), including mobile phone and email address. Consultation amongst Parents: The Parents acknowledge that (save in exceptional circumstances) they should consult with each other and any other person having parental responsibility for the Pupil in relation to significant matters or decisions regarding the Pupil’s education. Change of circumstances: The Parents shall (as soon as possible) inform the College of: (i) any change in the Parents’ or the Pupil’s circumstances of which the College reasonably needs to be aware (including, where applicable, any change to the Pupil’s entitlement to enter, reside and/or study in the United Kingdom); and (ii) any change to information about the Parents or the Pupil that has previously been notified to the College (e.g. contact details). Changing from termly to weekly boarding: If the Parents wish to change the Pupil’s place at the College from a termly to a weekly boarding place, they must either: (i) give the College not less than a term’s notice; or (ii) give immediate notice and thereupon pay to the College (as a debt) a sum equal to the difference between the termly boarding and the weekly boarding Fees in lieu of notice, at such rate as would have been charged until the end of the termly boarding provision if a term’s notice of the change had been given. Changing from boarding (termly or weekly) to day: (i) Subject to sub-paragraph (ii) below, the Parents may (by giving the College not less than a term’s notice) change the Pupil’s place at the College from a boarding to a day
7. Behaviour and Discipline
7.1
Regime: The Parents accept that the College is run in accordance with the authorities delegated by the Governors to the Master and that the Master is entitled to exercise a wide discretion in relation to the College’s policies, rules and regime. Discipline: The College attaches great importance to courtesy, integrity, good manners, good discipline and respect for the needs and property of others. The Parents accept the authority of the Master and of other members of staff on the Master’s behalf to take all reasonable disciplinary or preventative action necessary to safeguard and promote the welfare of each pupil and the College community as a whole. College Rules and Code of Conduct etc: The College Rules (set out in the College’s Behaviour Policies, Code of Conduct, and other policies and procedures) are available on the College’s website. The College reserves the right to amend the College Rules, Code of Conduct, and other policies and procedures as it sees fit from time to time. Suspension in connection with investigations or risk: The College reserves the right to suspend the Pupil from school and require the Pupil to remain away from school: (i) pending the outcome of any investigation; or (ii) where the Master considers that the Pupil’s presence presents a risk to themselves or others. Drugs: The College may carry out drugs testing under medical supervision where involvement with illegal drugs is suspected. The Parents will be informed before a drugs test is carried out. A refusal by the Pupil to submit to drugs testing would be considered an act of serious misconduct. The College reserves the right to charge to the Parents the costs of any drug test of the Pupil. Digital media and communications: Subject to the applicable data protection legislation, the College may monitor the Pupil’s email communication, internet use and use of social media. The College may need to do this for various legitimate purposes, e.g. for safeguarding purposes or to ensure compliance with the College’s rules and procedures or where it is appropriate or necessary in connection with the College’s legal and/or other duties and responsibilities.
7.2
8.2
7.3
8.3
7.4
8.4
7.5
7.6
8.5
8. The Parents’ Obligations
8.6
8.1
General: The Parents agree to: (i) fulfil their obligations under the Parent Contract (including paying Fees on
Dulwich College - Standard Terms & Conditions
place on condition that the Parents remain responsible for paying (and continue to pay) the boarding fees (as opposed to just the tuition fees) in full (as a debt) at the rate applicable to the term(s) in question until the end of the academic year in which the change takes effect or (if earlier) until the College fills the boarding vacancy created by the Pupil’s change from a boarding to a day place, at which point the Parents shall only then be liable to pay the tuition fees going forward. This condition is necessary because boarding provision is planned on an annual basis, and it may take some time to fill a vacancy created by a pupil changing from boarding to day. (ii) The Parents may not change the Pupil’s place from a boarding place to a day place for the Summer Term of Year 11 or Year 13 only. (For the avoidance of doubt, boarding fees would continue to be payable in respect of the relevant Summer Term even if the Parents sought to make such a change.) Information on Parents’ identity and source of funds: From time to time the College may ask the Parents to provide the College with information so that the College can properly and accurately verify to its satisfaction: (i) the Parents’ identity; (ii) the Pupil’s identity; (iii) that the Parents 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; (iv) the Pupil’s right to enter, live and study in the United Kingdom; and (v) the source of the funds the Parents are using to pay the Fees. The Parents must provide the College with any such information and documentation that the College reasonably asks for.
and 9.4 above is necessary to promote stability, to enable the College to plan its staffing and other requirements and to enable the College to maintain its academic and co-curricular standards. Cases involving serious hardship will receive special consideration on written request and provided the Parents provide full disclosure of their financial circumstances. Where reasonably practicable, the Parents will consult with the Pupil’s Head of School before giving notice to withdraw the Pupil from the College. If the Pupil is aged 16 or more, the Pupil’s decision to withdraw from the College shall, for the purposes of the Parent Contract, be treated as a withdrawal by the Parents.
9.6
9.7
10. Termination by the College
8.7
10.1 The College may require the Parents to withdraw the Pupil from the College, by giving the Parents not less than a term’s notice at any time.
10.2
The College may require the Parents (by giving the Parents not less than one month’s written notice) to withdraw the Pupil from the College at the end of a term if the Master is of the opinion that: (i) the conduct or progress of the Pupil has been unsatisfactory; or (ii) the Pupil is unwilling or unable to profit sufficiently from the educational opportunities offered by the College; or (iii) the College is unable to meet the Pupil’s needs (including cases where the College cannot reasonably accommodate adjustments or reasonably provide the nature or level of support required by the Pupil). The Master shall act with procedural fairness in such cases and shall have regard to the interests of the Pupil as well as those of the College. written notice) if the Master concludes that: (i) the Pupil has committed a serious act of misconduct or a series of acts of misconduct which together amount to serious misconduct (which in either case may include behaviour outside the College); or (ii) the Pupil’s conduct or behaviour (including conduct or behaviour outside College) has been unsatisfactory to a serious extent and the required removal is in the College’s best interests and/or those of the Pupil and/or of other pupils. The Master shall act with procedural fairness in such cases and shall have regard to the interests of the Pupil, the College, its staff and other pupils (as appropriate). The College’s Policies (including its Behaviour Policies) set out non-exhaustive lists of examples of behaviour that the College regards as serious misconduct.
9. Termination by the Parents
9.1
A term’s notice must be given in writing if the Parents wish: (i) to cancel a place which they have accepted before Entry; (ii) to withdraw the Pupil from the College on or after Entry; or (iii) the Pupil to discontinue extra tuition that is being charged for by the College. Notice must be addressed to the Pupil’s Head of School or the Master. The Parents are reminded that a “term’s notice” means written notice given before the first day of a term and expiring at the end of that term. If the Parents cancel their acceptance of a place on more than a full term’s notice before Entry: (i) the Parents will not be required to pay Fees in lieu of notice; (ii) any fees in respect of the first term that were paid in advance pursuant to paragraph 3.4 or 3.5 will be refunded; and (iii) the acceptance deposit will be retained by the College. If the Parents cancel their acceptance of a place less than a term before Entry or the Pupil does not join the College after a place has been accepted but not cancelled, a term’s Fees will be payable in lieu of notice. In the case of a boarder, a term’s Fees includes both the tuition fees and the boarding fees. The acceptance deposit will be credited to the term’s Fees in lieu of notice which the Parents will owe the College. If the Pupil is withdrawn from the College on less than a term’s notice on or after Entry, Fees in lieu of notice will be immediately due and payable as a debt at the rate applicable to the term in question. In these circumstances, the acceptance deposit will be credited to the Parents’ account.
10.3 The College may require the Parents to withdraw the Pupil from the College (by giving the Parents immediate
9.2
9.3
10.4 The College may require the Parents to withdraw the Pupil from the College (by giving the Parents immediate written notice) if: (i) the Parents commit a material breach of their obligations under the Parent Contract; (ii) a Parent provides false information to the College or any person acting on behalf of the College (e.g. a company carrying out bursary assessments for the College); (iii) a Parent is or becomes a designated person for the purpose of the anti-money laundering legislation or other UK law; or (iv) it becomes unlawful for the Pupil to remain at the College and/or for the College to accept payment of Fees from the Parents (or one of them) due to international sanctions or other legal measures. For
9.4
9.5
The charge of Fees in lieu of notice in paragraphs 9.3
Dulwich College - Standard Terms & Conditions
Parent Contract applies to the Parents together and each Parent on their own. This means they must each ensure that all of the Fees are paid to the College. The persons who have signed the acceptance form remain liable to the College for the Fees, unless the College has expressly agreed in writing with the persons who have signed the acceptance form to look exclusively to any other person for payment of the Fees. Warranty: The Parents believe they are able to pay the Fees and confirm that they are not in arrears in paying fees to any other school or educational establishment. The Parents must notify the College if they become aware of circumstances which may prevent them from promptly paying the Fees. The College reserves the right to carry out credit-reference checks in respect of the Parents (including by making enquiries of other schools) and the Parents agree to sign any documentation and give any consents required for this purpose. Refund: Fees will not be refunded or waived: (i) for absence through sickness or injury; (ii) if the Pupil is released home after public examinations or otherwise before the normal end of term; or (iii) if the College has to close for a period due to a Force Majeure Event. Advance Payment of Fees Schemes: Schemes under which a lump sum prepayment is made by or on behalf of the Parents: (i) will be the subject of separate terms and conditions which will provide, among other conditions, for a minimum number of terms for such a scheme and a minimum lump sum and for a refund of the unused part of the prepayment in the event of the Pupil leaving earlier than expected (provided that Fees in lieu of notice (where applicable) and any other sum due and owing to the College at that time will be deducted from the sum to be refunded); and (ii) may be subject to the satisfactory completion of additional verification requirements. Scholarships & Bursaries: Every scholarship, bursary or other award or concession is a privilege and is subject to the pupil meeting the College’s high standards of attendance, diligence and behaviour and to their parents complying with their obligations under these terms and conditions and treating the College and its staff reasonably (including during the bursary application and any subsequent review process). Bursaries are reviewed annually by the College and therefore updated financial and other disclosure needs to be provided annually. A bursary may be reduced or removed if a pupil’s family’s financial or other circumstances materially change from one year to the next or if a pupil’s family do not provide sufficient information to enable an informed assessment to be made. If the Parents apply for a bursary in respect of the Pupil, the Parents shall provide the College and/ or any third party who carries out financial assessments on behalf of the College with full and accurate disclosure of their financial and other circumstances and shall co-operate with the College and/or any such third party in relation to the assessment process. If following an annual review a bursary is reduced, the Fees payable by the Parents will increase. If following an annual review a bursary is increased, the Fees payable by the Parents will reduce. If following an annual review a bursary is removed, the Parents will be required thereafter to pay full Fees. Any other specific terms on which such awards are offered and accepted will be notified to the Parents at the time of offer.
the purposes of sub-paragraph (i), a failure of the Parents to pay Fees on time and to remedy that breach within 14 days shall be considered a material breach. 10.5 If the College requires the Parents to withdraw the Pupil from the College, matters concerning the Pupil’s leaving status will be discussed by the Master with the Parents and (where appropriate) the Pupil at the time. These include the transfer of the Pupil’s work to another educational establishment, the nature of the reference which will be given in respect of the Pupil and the financial aspects of the Pupil’s leaving. 10.6 If the College requires the Parents to withdraw the Pupil from the College in accordance with any of the provisions of this paragraph 10, the Pupil shall cease to be a pupil of the College on the date specified by the College in its written notice. 10.7 The College will not require the Parents to withdraw the Pupil from the College without good reason. 10.8 A reference in College policies to “permanent exclusion” of a pupil includes where parents are required to withdraw a pupil from the College pursuant to these Terms and Conditions.
11.6
11.7
11.8
10.9 If the Parents wish to complain about the College’s
decision to require the Pupil to leave the College, they may bring a formal complaint under the College’s Complaints Procedure (available on the College’s website or from the Clerk to Governors).
11. Fees 11.1
Accrual: Each term’s Fees accrue separately and the Fees payable in respect of each term will be included in an invoice sent to the persons who signed the Acceptance Form or such other person(s) who from time to time are contractually liable to the College in respect of the Fees. Payment: Subject to paragraph 3.4 (relating to new boarders) and paragraph 3.5 (relating to parents overseas) Fees are due and payable on the first working day before the first day of the College term to which they relate. If one or more items on the bill are under query, the balance of the bill must be paid. Deemed payment: The Parents are not deemed to have paid a sum to the College until the College is in receipt of the cleared funds in its bank account. Payment Method: Fees must be paid by direct debit unless none of the Parents lives in the United Kingdom or has an account with a bank or building society with offices in the United Kingdom, in which case Fees may be paid by bank transfer, subject to satisfactory completion of the College’s additional certification requirements (including completing and returning an international payment request form, together with supporting evidence). Payment in cash or cryptocurrency or by cheque is not acceptable. Parents who are required to pay by direct debit must sign and return a duly completed direct debit mandate promptly upon the College’s request. Joint & Several Liability: Each person who has signed the acceptance form in respect of the Pupil is jointly and severally liable for the whole of the Fees because the
11.9
11.2
11.3
11.4
11.5
11.10 Fee Increases: Fees are normally reviewed once a year
Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12Made with FlippingBook - Share PDF online