§ MR. OLDROYD (Dewsbury)I beg to ask the Vice President of the Committee of Council on Education whether his attention has been called to the case of a boy, named Sykes, a pupil in the Thornhill Lees Church National School, for whom a free place was claimed by his parents on the re-opening of the school after the Christmas holidays, and who attended without payment of fee until 8th May last; whether he is aware that the boy was then sent back for his fee, and for the arrears from January last, with an intimation that the arrears might be paid by instalments; whether a free place can be claimed in cases where tacit consent has been given for so long a period; and whether the managers of schools are within their legal rights in demanding payment of arrears under such circumstances?
§ MR. ACLANDMy attention has been called to this case. The Managers of a school which has the right to charge fees are within their legal rights in re-imposing a fee on a scholar who has been for a time admitted without payment, and in refusing to admit him if he does not pay the fee. But it has been decided by the Courts of Law that Managers have no legal claim in any case to payment of arrears of fees, and the Department would consider that the exclusion of a child for non-payment of arrears was a contravention of the 1769 Education Acts. A claim for completely free education may be made on behalf of this as of any other child under the Act of 1891, and the Department would then be bound to secure the provision of a free place for him accordingly.