We are struggling to pay school fees. The school has just handed us over to the sheriff's department. What can we do?

The long answer

Parents do have to pay fees at public schools unless they are “non-fee schools”, but if a parent or parents cannot afford to pay, they can apply for partial or full fee exemption. If the school fees are more than 10% of the parents’ income, the parents are entitled to a full fee exemption. The parents must back up their application by submitting a payslip. If they are unemployed or self-employed, they must submit a sworn affidavit about their income.

The Schools Act requires the school to have proof that a written confirmation was sent to a parent by hand or by registered post informing them that they have not applied for a school-fee exemption, before the School Governing Body enforces the payment of school fees. This is called a Section 41 confirmation. The parent must then be given three months from the date of the notice to pay the outstanding fees.

A public school does have the right to hand over unpaid fees to debt collectors if a parent has not applied for a fee exemption on the grounds of being unable to afford to pay fees. But, if a parent is in arrears for one month or more, the School Governing Body (SGB) must investigate whether the parent qualifies for fee exemption before handing over the account to debt collectors. 

The Legal Resources Centre says that “If the parents/guardians are found not to be eligible for exemption even after the SGB’s investigation, the SGB may take legal action against the parents/guardians. However, if the parents/guardians have informed the school that they are in the process of organising the fees, no legal action may be instituted.”

Your children may not be excluded from school or any school activity, or from getting their results, because of the non-payment of fees.

Before handing you over to the sheriff, the school is required to take these steps:

1. The school must first send a letter of demand, which sets out the period within which the outstanding fees must be paid. 

2. If there is no response to the letter of demand within the time period it sets out for the payment, then a summons is delivered by the sheriff or by registered post.

3. If there is no response to that and you do not state, within 10 court days, that you will defend the claim in court, the school will go on to obtain a default judgment from the court, which will issue a court order for the sheriffs to attach and remove the debtor’s property. 

4. The sheriff is not allowed to attach and remove food, beds, bedding and clothes.

So what are your options?

It is worth going to the school and asking if you can make a payment plan with the school to avoid the sheriff seizing your property, which will then be sold by public auction.

If you decide that you need to go into debt review, you are legally protected against debt collectors once the debt review process starts. 

You can contact a qualified debt counsellor of your choosing, or you can contact the office of the Credit Ombud for free assistance:

Phone: 0861 66 28 37

Email: [email protected] 

SMS “Help” to 44786 and they will call you.

Wishing you the best,
Athalie