A couple dissatisfied with how their daughter was being taught at a private primary school yesterday lost their claim for the return of fees.
Ms Anne Prendergast and Mr Tony Prendergast, Rathfarnham, Dublin, sued the Charleville Primary School, Templeogue, for the return of €1,055, a half year's fees.
The Dublin Small Claims Court heard they sent their daughter Jane (12), who has a mild learning difficulty, to the private school because of its low pupil-teacher ratio which would mean she would receive more attention. After two years there, she had not progressed to their satisfaction and, a few weeks into her third year, they took her out and sent her to a State primary school.
The school claimed the parents were failing to ensure that Jane did her homework. The principal, Ms Doody, said the Prendergasts seemed to view Charleville as "an à la carte school where she (Jane) picked bits she wanted and if she did not like it so be it". In school Jane would tell the teacher, "I don't have to do that, my mommy said I don't have to do it." Ms Doody said most of the Prendergasts' claims were "makey-up stories that are not true".
Ms Prendergast denied the school's claim that Jane was "having rages" over not having homework done. It was a failure of the teaching methods, particularly in relation to long division, she said. After two years, and in fourth class, she was still only doing addition and subtraction.
She became frustrated at home at being unable to do the work. Mr Prendergast said sometimes homework would take up to three hours. When the lack of progress continued at Charleville, they transferred Jane to a State school and she has been doing quite well. Charleville refused to return the half-yearly fee, and so the Prendergasts sued.
Judge Thomas Fitzpatrick said while the Prendergasts were entitled to their opinion about the school, the rules, signed by them, stated the fee was non-refundable unless three months' notice was given. There was no possibility of offering the child's place to someone else as it was October when Jane was removed. He dismissed the claim.