Amy Woolfson, instructed on a direct access basis, successfully assisted a family in a breach of contract dispute with a major public school.
The student had been cleared of serious misconduct following an internal disciplinary process but, in the words of the school, had not been ‘completely exonerated’. The school continued to demand full payment of fees, notwithstanding that the student’s education had been significantly disrupted by a flawed disciplinary process. The school refused to recognise the family’s costs in defending their position. The school also attempted to pass management of the alleged debt to a third party agency.
Amy argued that the school’s view that the student had not been ‘completely exonerated’ was irrelevant because the flaws in the disciplinary process amounted to a breach of contract. Amy also challenged the lawfulness of passing the alleged debt to a third party agency. The school recanted and the dispute was settled on terms favourable to the family without the need for litigation. The family are now able to focus on the future, without the worry of a costly ongoing dispute.
Fee-paying schools are required by law to have a complaints process including recourse to an independent panel. Furthermore, contract law requires minimum standards of fairness to be observed throughout.
Amy Woolfson is a barrister with experience in guiding families through student misconduct allegations, securing excellent results whilst keeping conflict to a minimum.
Amy has extensive experience of professional discipline and regulatory cases. She acts for regulators and regulated persons in cases concerning criminal convictions, lack of competence, and misconduct – including serious sexual misconduct.