SCHOOL FEES - BOTH PARENTS LIABLE

Schools battling to recover unpaid fees will be heartened by a recent Supreme Court of Appeal decision to the effect that both parents are responsible for paying school fees, regardless of whether or not they have custody and/or guardianship of the learner.

In the case in question, the school sued the child's biological father for outstanding fees. The father countered that the school must look for payment only to the mother, as sole legal custodian of the child.

That argument failed on appeal, and the Court's finding against the father now allows schools to recover school fees from: -

1. Both biological parents
   
   
2. Guardians
   
   
3. Custodians
   
   
4. Any other person who has undertaken to fulfil those persons' obligations in regard to the learner's education.

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