Terms and Conditions for Individual and Group Learning Programmes
1.1 The Programme Provider
The Programme Provider is Acorn to Oak Education, 87 Chancery Lane, London, WC2A 1ET. The learner, is as notified to the Programme Provider ahead of the programme commencement.
1.2 Management of our programmes
Each programme has an educational programme lead and a programme coordinator who oversees the whole programme and its organization. Our team working with the learner will be delegated various duties and responsibilities of the Programme Provider.
1.3 The Learner’s Family
1.3.1 The learner’s family are those who have parental responsibility and/or are supporters of the learner where the learner is an adult and those referred to in clause 4.3 of these terms and conditions individually and jointly. Families are asked to give their support and encouragement to the aims of the individual learning programme.
1.4 The Fee Payer
1.4.1 This may be a different person from the family where the fee payer is an educational setting or a local authority. Fee payers’ agreement is confirmed by payment of fees and is assumed that they note the arrangements with regard to fee payment, the remainder of these terms and conditions and acceptance of the notice period for example.
1.5 Our Aims
1.1. Our aims are to enable each learner to thrive with an individual learning progamme designed to meet their needs and take account of their interests, strengths, abilities and areas where they need support and additional encouragement.
1.2. The ongoing objectives of the individual learning programme will be set out in the appropriate document such as the Education and Health Care Plan or other documentation identifying the key goals and objectives of the programme.
1.3. The Programme Provider is committed to high standards of teaching and care and welcomes contact with those supporting the learner including parents and believes in the value of multi-disciplinary team working with other professionals supporting the leraner.
1.4. Changes at the Programme Provider
1.4.1. A successful education and therapy programme provider must initiate and respond to change in the best interests of each learner. The offer of a place and its acceptance are made on the basis that reasonable changes may be made from time to time to these standard terms and conditions, to delivery of services by the Programme Provider, the way the Programme Provider is run, to the rules and disciplinary framework, and to other arrangements as necessary especially where it is necessary to update arrangements based upon changes to the needs of the learner or for the health and safety of the learner and the team working with the learner.
1.4.2. Fee levels will be reviewed each term based upon the demands and time taken for the team to deliver the programme and there will be reasonable changes from time to time. If the ownership or legal status of the Programme Provider changes, the Programme Provider’s rights and obligations under these terms and conditions, will be deemed assigned to the new entity.
1.4.3. Parents and fee payers, where different, will be consulted and/or given adequate notice of any significant proposals or change of policy likely to affect the learning programme agreed.
2. These Terms and Conditions
2.1. We believe that these standard terms and conditions reflect appropriate provisions for a provider operating according to best practice within the education industry. The rules about change and about notice and fees in lieu of notice and the other rules set out below are provided in good faith.
2.2. They are intended to promote stability, forward planning and the proper resourcing and development of the Programme Provider. The fees notified by the Programme Provider to the fee payer, as varied from time to time, are part of the terms and conditions. Nothing in these terms and conditions affects the statutory rights of parents.
3. Care and Behaviour
3.1. Parents’ Authority
3.1.1. The parents authorise the Programme coordinator to act, where necessary, in loco parentis whilst the learner is working with the Programme Provider’s team and to take and/or authorise all decisions that safeguard and promote the learner’s welfare.
3.2. Parents consent to such physical contact as may be lawful, appropriate and proper for teaching and to provide comfort to a learner in distress or to maintain safety and good order. However, corporal punishment is not used in the Programme Provider at any time and our team are required to act in accordance with our healthy relationships policy.
3.3. Parents also consent to emergency medical treatment within the United Kingdom including blood transfusions, general anaesthetic and operations under the NHS or at a private hospital where certified by a person who is appropriately qualified as being necessary for the pupil’s welfare if parents cannot be contacted in time.
4. Conduct and Attendance
4.1. The Programme Provider attaches particular importance to courtesy, integrity, manners and learning healthy behaviour skills.
4.2. The support we offer to learners is as set out in our healthy relationships policy for example.
5. The Learner’s Health
5.1. The Programme coordinator may, at any time, request a medical opinion or certificate as to the learner’s general health or any particular aspect of it.
5.2. Parents must inform the Programme coordinator in writing if the learner has any known medical condition, health problem or allergy or has been in contact with infectious diseases, including COVID, or is unable for any reason to take part in games or sporting activities.
6. Conduct of the Programme Provider
6.1. The Programme coordinator is responsible for the care of learners while they are in the charge of the Programme Provider or its team, and for the day-to-day running of the Programme Provider team working with the learner(s) and the curriculum.
6.2. The Programme coordinator is responsible also for the imposition of any sanction, including exclusion for non-payment of fees, suspension during investigation or following a breach of Programme Provider discipline, and removal or expulsion under clause 6 below.
6.3. The Programme coordinator is not responsible, unless negligent, for a learner who is absent from the Programme Provider’s programme. It is a condition of remaining at the Programme Provider that parents and the learner accept the Programme Provider’s rules and operating practices (insofar as they are lawful and reasonable).
7. Admission and Entry to the Programme Provider
7.1. Registration
7.1.1. Potential learners will be considered formally as candidates for admission and entry to the an Acorn to Oak Education programme when the registration form has been completed and returned and the non-refundable registration fee has been paid.
7.1.2. Admission to a learning programme run by the Programme Provider is subject to full assessment by the Programme Provider’s team, the agreement of a suitable educational and therapeutic programme to meet the needs of each learner, and the availability of appropriate team personnel as well as the ensuring that the programme proposed matches the expertise and knowledge of our team so that they are working safely within their areas of expertise.
7.1.3. The Programme Provider operates an equal opportunities policy and decisions made by the Programme coordinator regarding the terms of the programme that can be offered and whether a programme can be offered are final.
7.1.4. The Programme coordinator has discretion over these matters due to the need to ensure that the team can be appropriately supported working with each learner, needing to ensure that our programmes can meet the needs of each learner and that pricing of any programme proposed is fair and reasonable for the Programme Provider and its team.
8. Assessment, Offer of a Place, Enrolment and Deposit
8.1.1. If following an initial review of the papers in relation to a learner it is felt that our programme can meet the learner’s needs, as assessment fee will be charged for an observational based assessment by our team of the learner in their existing educational setting or at home if there is no current educational setting. The fee for this will be bespoke for each learner depending upon their needs and the nature of the documentation available. This will be notified and once paid in full dates and times for the assessment will be agreed with the family, school, if applicable, and local authority, if applicable.
8.1.2. in due course a place is offered, a deposit will be payable when parents accept and the fee payer, if different, accept the offer and must be received by the Programme Provider together with the Programme Provider’s official admission forms before the pupil is formally accepted to our programme.
8.1.3. A refundable deposit equivalent to a full term of fees for the programme will be due in advance of the commencement of the programme together with the first term’s fee payment in full unless agreed otherwise with the Programme coordinator in writing.
8.1.4. The deposit will be repaid, less any outstanding fees and/or extras, by cheque at the end of a child’s time in programme managed by Programme Provider, providing the correct notice has been given.
8.1.5. In the event of a family having more than one child in a learning programme managed by the Programme Provider, the deposit will be returned at the end of the youngest child’s time in the Programme Provider.
9. Fees and extras
9.1. Items Covered
9.1.1. Fees as detailed on the Programme Provider fees and charges list cover the normal curriculum together with books and stationery. Other items incurred by the Programme Provider or the pupil such as, but not limited to, lunch, snacks transport costs, trips and clubs may be charged as extras. Damage done by a pupil, other than fair wear and tear to materials or equipment owned by the Programme Provider, may be separately invoiced and must be paid as an extra.
9.2. Fees are due and payable before the first day of each term. The Programme Provider has the right to withdraw its services if fees are unpaid and the learner will be deemed to have been withdrawn without notice 28 days after non-payment begins.
9.3. The Programme Provider is agent only in respect of any goods and services which are supplied by a third party via the Programme Provider to pupils or their parents.
9.4. Fees will not be waived or refunded for absence through sickness; or if a term is shortened or a vacation extended; or if a learner is released home after public examinations or otherwise before the normal end of term; or for any other cause whatsoever save in the sole discretion of the Programme coordinator.
9.5. Responsibility for Payment
9.5.1. Fees are the joint and several responsibility of each person who has signed the Registration Form, agreed in writing these terms and conditions, or who has parental responsibility for the pupil, or has paid any fees, or has returned the learner to the Programme Provider or given instructions in relation to the learner. The Programme Provider may withhold any information or property while fees are unpaid.
9.5.2. Method of Payment
9.5.2.1. The normal method of collection of Programme Provider fees is by direct bank transfer. The Programme Provider reserves the right to charge an administration fee for any fees not paid by direct debit.
9.5.3. Payment of Fees by a third party
9.5.3.1. An agreement with a third party to pay the fees or any other sum due to the Programme Provider does not release parents from any liability under these terms and conditions unless an express release has been given in writing signed by the Programme coordinator or the Programme Provider’s Finance Team.
9.5.3.2. The Programme Provider reserves the right to refuse a payment from a third party. All such payments are accepted in good faith.
9.5.4. Late Payment
9.5.4.1. Fees are due before the first day of term.
9.5.4.2. The Programme Provider reserves the right to make a late payment charge on all fee invoices not settled by this date.
9.5.4.3. Details of the late payment charge which will apply, which may be varied from time to time, are printed on the fee invoices, and the charge may be augmented by any amount necessary to cover administration and legal costs in relation to any sums that are unpaid by the due date.
9.5.4.4. All such charges shall be recoverable by action if necessary. Any sum tendered that is less than the sum due and owing may in any event be accepted by the Programme Provider on account only.
9.5.4.5. The rules contained in clauses 4 and 5 of the Terms and Conditions are intended to protect those who pay fees on time and to safeguard the Programme Provider against the consequences of the defaults of others.
9.5.5. Fee Payment arrangements
9.5.5.1. Any agreement by the Programme Provider to accept payment of fees by any method other than direct bank transfer or any other arrangement for payment of fees will cease automatically in the event of any default for 30 days or more. On ceasing, the full amount of fees then outstanding shall be payable forthwith as a debt and the late payment charge provisions will take effect where applicable.
10. Events Requiring Notice in Writing
10.1. Definitions
10.1.1. Notice to be given means (unless the contrary is stated in these terms and conditions) the following:
10.1.1.1. A term’s notice means notice given on or before the first day of term, in writing, to expire at the end of term.
10.1.1.2. Half a term’s notice means notice given on or before the first day of term, in writing, to expire at half-term, or notice given before half-term to expire at the end of term.
10.1.1.3. No other notice will suffice. Notices must be hand delivered or sent by recorded or guaranteed delivery post to the Programme Provider address or by email to team@acorntooakeducation.org.
10.1.1.4. Provisional notice is valid only for the term in which it is given and only when written and accepted in writing by the Programme coordinator, under the same conditions as under Notice above.
10.1.1.5. Term, means the period between and including the first and last days of each Programme Provider term.
10.1.1.6. Fees in lieu (of notice), means fees in full for the term of notice at the rate that would have applied had the pupil attended and not limited to the parental contribution in the case of a scholarship or bursary.
11. Cancellation of Acceptance
11.1.1. Cancellation of a place which has been accepted is normally a breach of contract which can cause long term loss to the Programme Provider.
11.1.2. If the acceptance of a place is cancelled less than a term before the entry date or the learner does not join the Programme Provider after a place has been accepted and not cancelled, a term’s Fees will be payable and the deposit will be credited to the account.
11.1.3. If cancellation of acceptance of a place occurs on more than a full term’s notice before entry will not be required to pay Fees in lieu of notice but the deposit will be retained by the Programme Provider.
11.1.4. Cases of serious illness or genuine hardship may receive special consideration on written request.
12. Withdrawal from a learning programme managed by the Programme Provider
12.1. A full term’s notice must be given in writing before a learner is withdrawn from the Programme Provider or a term’s fees in lieu will be due and payable as a debt at the rate applicable on the date of invoice,
12.2. A decision to withdraw from the Programme Provider shall, for these purposes, be treated as a withdrawal by the parents and fee payers if different.
12.3. The Programme Provider Year is deemed to start on 1 September in each year. The main reason for these rules is to ensure that the Programme Provider has sufficient notice with which to plan fee levels, other resources and the curriculum for the learners that are supporting.
13. Removal, Suspension and Exclusion of a Learner
13.1. Removal and Suspension at the Request of the Programme Provider
13.2. Parents may be required, during or at the end of a term, to remove the learner, without refund of fees, temporarily or permanently from the Programme Provider if, after consultation with a parent, the Programme coordinator is of the opinion that the behaviour or progress of the learner indicates that they are not benefiting from our programme, or if a parent or learner has treated the Programme Provider or team members unreasonably to such an extent that there is a risk to safety and health and wellbeing of the team and / or the learner that can not be managed despite the actions already taken, and the resources and support already provided to the learner and their support team.
13.3. Prior to this step, the team will identify and flag any concerns about the nature of the programme and support for the learner wherever possible so that any additional support needed can be offered and provided including changes to the scope of the programme to ensure that the fee and programme are appropriate in the event of any increase in needs.
13.4. The acceptance deposit will be refunded in the event of removal from the Programme Provider and fees in lieu of notice will not be charged but all outstanding fees for the Term in question will be payable in full.
13.5. Unplanned Ending of the programme
13.6. The Programme coordinator may elect to withdraw support for a learner if it is reasonably satisfied that the learner cannot be safely and appropriately supported by the programme agreed with the family and fee payers. This could be because the programme scope does not cover the full support that a learner may need at a time of crisis or because of changes in circumstances that mean that the programme can no longer be delivered safely with regard to the learner and the team supporting them.
13.7. The Programme coordinator will act fairly and in accordance with the procedures of natural justice and not withdraw support to a learner other than in grave circumstances. There will be no refund of fees following a withdrawal on this basis (and all unpaid fees must be paid in full). The acceptance deposit will not be returned/credited; but fees in lieu of notice will not be charged.
13.8. Discretion of Programme coordinator
13.8.1. The decision to suspend, require removal or withdraw support from a pupil and the manner and form of any announcement shall be in the sole discretion of the programme coordinator.
13.8.2. In no circumstances shall the Programme Provider or its team members be required to divulge to parents or others any confidential information or the identities of learners or others who have given information which has led to suspension of the programme in the event that this is relevant to the situation, or the requirement to remove or expulsion or other information which the programme coordinator has acquired during an investigation.
13.9. Review
13.10. In the event of a withdrawal of programme support being required, the parents may request for a review of the decision, such request to be made to the Programme coordinator in writing within 30 days of the notice of the withdrawal/suspension of the programme.
13.11. Access
13.12. A pupil who has been withdrawn, suspended, removed from the Programme Provider has no right to enter premises where the Programme Provider is operating without the written permission of the Programme coordinator.
14. Data Protection
14.1. The Programme Provider is registered as a Data Protection Controller and as such, receives and holds information on learners in order to support their teaching and learning, to monitor and report on their progress, to provide pastoral care and to assess how well the Programme Provider as a whole is doing.
14.2. This information includes contact details, assessment results, attendance information, teaching and learning records, religious denomination, nationality, special educational needs and medical information.
15. General Conditions
15.1. Special Precautions
15.2. The Programme coordinator needs to be aware of any matters that are relevant to the learner’s security and safety.
15.3. The Programme coordinator must therefore be notified in writing immediately of any court orders or situations of risk in relation to a learner for whom any special safety precautions may be needed.
15.4. A parent may be excluded from Programme Provider premises where this is outside of the family’s home if the Programme coordinator, acting in a proper manner, considers such exclusion to be in the best interests of the learner or of the Programme Provider.
15.5. Where support is provided in a family home, the family and local authority where applicable are responsible for advising the Programme Provider of any matters that could affect the safety of the learner and for co-operating with the Programme Provider’s risk assessment process and acting in a manner consistent with the health and safety and other operational measures that are needed to ensure the health and safety and security of team members and the learner(s).
15.6. Where support is provided in a school or other educational setting, the Programme Provider will be provided with all the relevant policies and procedures that will apply to its work at the assessment stage as well as any updates as they are made. The school or educational setting will cooperate with the Programme Provider by making available schemes of work, individual education plans and education and health care plan related information and correspondence.
16. Residence during Term Time
16.1. The programme coordinator must be notified in writing immediately if a learner will be residing other than with a person who has parental responsibility.
16.2. Absence of Parents
16.3. When both parents will be absent from the pupil’s home for a 24 hour period or longer, the Programme Provider requires, in writing, the name, address and telephone number for 24 hour contact of the adult to whom parental responsibility has been delegated in loco parentis.
17. Liability and Insurance
17.1. The Programme Provider does not, unless negligent, accept responsibility for accidental injury or loss of property.
17.2. The Programme Provider undertakes to maintain those insurances which are prescribed by law.
17.3. All other insurances are the responsibility of parents including insurance of the learner’s personal property while with the Programme Provider or on the way to or from Programme Provider or on any Programme Provider sponsored activity away from the main place where support is delivered.
17.4. The Programme Provider is not the agent of the parents for any purposes related to insurance.
18. Learners’ Personal Property
18.1. Learners are responsible for the security and safe use of all personal property and they or their parents are responsible for ensuring that all such property is clearly marked with the owner’s name.
18.2. A learner may not bring any item of equipment on to Programme Provider premises where this is in an educational setting which runs off mains electricity without the prior written permission of the Programme coordinator.
19. Concerns/Complaints
19.1. Parents, who have cause for serious concern as to a matter of safety, care or quality of education should inform the programme coordinator without delay.
20. Learning Difficulties & Additional Support Needs
20.1. Parents, and any other referring entities, are expected to notify the Programme coordinator of any and all knowledge of a learner or anyone in his or her immediate family having any kind of learning difficulty which amounts to a "special education need" (e.g. dyslexia) and this is typically expected to be notified at the outset ahead of the assessment phase of the admissions process.
20.2. Parents agree to provide the Programme Provider with copies of all written reports and other relevant information and to provide updates received.
20.3. The Programme Provider undertakes to monitor each pupil’s progress and will do all that is reasonable in the case of each pupil to detect and deal appropriately with a learning difficulty.
20.4. At least once per term, parents will receive a report in writing and will have an opportunity to meet with the learner’s support team on a regular basis.
20.5. Parents will be notified if it appears that the learner is not progressing as expected but the Programme Provider's staff are not qualified to make a medical diagnosis of specific learning difficulty conditions including those commonly referred to as dyslexia, dyspraxia, dyscalculia, attention deficit disorder or poor visual acuity.
20.6. The screening tests available to the Programme Provider are indicative only, not infallible. The Programme Provider will, on request, advise parents as to how they may, at obtain specialist advice.
20.7. Therapy provision not included in the curriculum will be charged separately and therapy plans will be agreed prior to learners working with the Programme Provider and agreed following discussion between the Programme Provider team and Parents and any fee payers such as a local authority on an ongoing basis.
20.8. Parents may be asked to remove a learner, without being charged fees in lieu of notice if, in the professional judgement of the Programme coordinator and after consultation with Parents and (where appropriate) the pupil the Programme Provider cannot provide adequately for a learner’s support needs or if in the opinion of the Programme coordinator an appropriate therapy plan has not been agreed with the funding provider for the programme.
21. Confidentiality
21.1. The parents consent on the pupil’s behalf to the Programme Provider’s staff, acting conscientiously and in a professional capacity, informing others and the Programme coordinator and parents in confidence of any matter concerning the learner which, in their opinion, is material to the safety and well-being of the learner and/or those working with them or that they come into contact with during the course of the programme.
21.2. Parents consent also to the Programme Provider communicating with any other setting which the learner attends or which a parent proposes the pupil should attend about any matter concerning the learner or about payment of fees, whether or not the information passing is in machine-readable form. In all other respects, the Programme Provider will take care to preserve the confidentiality of information concerning the learner and parents according to our policies with regard to this.
22. Examinations, Reports and References
22.1. The Programme Provider will enter a learner’s name for an examination if the Programme coordinator is satisfied that such examination or assessment is in the best interests of the learner.
22.2. Information supplied to parents and others concerning the progress and character of a learner and about examination, further education and career prospects and any references will be given conscientiously and with all due care and skill but otherwise without liability on the part of the Programme Provider.
22.3. Where parents are separated or divorced, reports and other information will normally be sent to the person with whom the learner usually resides. Duplicate reports will be sent upon request at no extra charge.
23. Copyright
23.1. The Programme Provider reserves sole copyright in any literary, musical, dramatic or artistic work created by the Programme Provider or by a learner for a purpose associated with the artistic or cultural life of the Programme Provider but will otherwise acknowledge the right of the learner to assert copyright in work of which the learner is the sole author.
24. Offer letter and website
24.1. The offer letter and website describe the broad principles on which the Programme Provider is presently run and give an indication of its history and ethos.
24.2. Although believed correct at the time of publishing, the information contained in them does not form part of any agreement between the parents and the Programme Provider.
24.3. Parents or fee payers wishing to place specific reliance on a matter given in the prospectus or on the website should seek written confirmation of that matter before entering into this agreement.
25. Consumer Protection
25.1. Care has been taken to use plain language in these terms and conditions and to explain the reasons for any of the terms. If any word/s, alone or in combination, infringe the Unfair Terms in Consumer Contracts Regulations 1994 or any other provision of law, they shall be treated as severable and shall be replaced with words which give as near the original meaning as may be fair.
26. Third Party Rights
26.1. Only the Programme Provider and the parents and fee payers are parties to this contract. The learner is not a party to it.
26.2. The acts and omissions of parents and fee payers where different are binding on the learner and vice versa as to any matter concerning behaviour, and fees. All requests and authorities by the parents are treated as being made on behalf of the learner and vice versa.
27. Interpretation
27.1. These terms and conditions supersede those in the prospectus and elsewhere and will be construed as a whole. Unless required to make sense of the immediate context, headings are for ease of reading only and are not otherwise part of the terms and conditions.
28. Jurisdiction
28.1. This contract is governed exclusively by English Law and the courts of England