Expert Solicitors for Independent Schools

We help negotiate and draft all staff contracts. In doing so we leverage some of the flexibility afforded to school managers operating outside of the state sector in terms of salary scales and other key terms of employment. At the same time, we will ensure all staff, teaching and other contracts are fully compliant with all applicable legislation, including The Employment Rights Act 2025.

We provide training and ongoing support on other areas of concern, such as safer recruitment best practice, liaising extensively with Local Authority Designated Officers (LADOs) when necessary.

Where issues of misconduct and dismissal arise, we handle these with the high level of sensitivity required, ensuring that established procedures are followed, complaints handled appropriately, and the school’s overarching duty to protect pupils is fully discharged.

Finally, where a school is subject to restructure or merger, we advise on employee rights, TUPE obligations and associated regulations.

A thriving school community relies on strong relationships between the establishment itself and parents. At the forefront of our work here is the school-parent contract. We work closely with school leaders to ensure agreements are put in place that set realistic expectations and are legally watertight.

We clearly define dispute resolution mechanisms so that, when contentious matters do arise (non-payment of fees, disciplinary matters, safeguarding or SEN provision challenges, for example), solutions are available that protect the reputation of the school and minimise any disruption to day to day operations.

We have a wealth of experience in providing support in this area including drafting and implementing effective SEND policies, advising on reasonable adjustments and discrimination claims, SEND Tribunal claims and delivering SEND and disability/equality training in collaboration with professional groups and other experts, and directly to independent schools, including tailored training for SENCO’s, ALNCO’s, Governors and Senior Leadership Teams.

In conjunction with our commercial property team, we offer advice on all matters affecting land and buildings owned or leased by independent schools. We have particular expertise in matters affecting historic or listed buildings occupied by the school, commercial leases, and planning restrictions. We also advise on the licensing of sports grounds and boarding, and residential facilities, as well as related health and safety rules.

Our real estates disputes team act for the independent school sector in matters such as exiting school properties, dealing with repair and maintenance issues, advising on occupation of residential school premises, as well as rights of way and disputes with neighbouring owners.

Independent schools process a vast amount of personal and highly sensitive information, notably medical and financial details relating to members of the school community, including teachers, parents and pupils. UK GDPR sets strict obligations on how this data is processed, managed and retained.

We can help implement secure data protection policies and, where there is a data breach ensure the ICO is quickly informed and minimise any reputational fallout for the school. We also provide data protection compliance advice on pupil, parent and staff data, including subject access requests. In addition, we support schools confronting emerging mobile and AI technology and help assess the legal ramifications for pupil safety and privacy.

We offer four principal practice areas, commercial contracts (including procurement), IT contracts, non-contentious intellectual property and data protection.

We have advised schools on a wide range of commercial arrangements, including contracts with catering companies and with school bus service providers. We have also provided advice on the hire of school premises to the likes of language schools during the summer months. We always ensure safeguarding obligations are properly addressed. Our IT and IP lawyers advise on branding, protecting your school’s name, reputation and materials.

We regularly provide training sessions to school governors, senior management teams and teachers on topics such as trustee duties and responsibilities, public benefit issues, legal liability and performance management concerns.

Independent schools are subject to regulation by a range of bodies. The extent of regulatory and governance obligations will vary from school to school, depending on several factors. These include the age range and number of pupils, the school’s legal structure (charity or corporate body, for example) and whether the school provides boarding facilities or not.

We have excellent connections with other professional advisers who work in the sector as well as organisations such as ISBA, IAPS, ISC and the Boarding Schools Association.