WHEN one of the country’s top public schools, noted for its sports and recreational facilities, closed its doors during lockdown, Jo Goddard felt it could no longer meet her son’s needs.

But her decision to withdraw him landed the St Asaph businesswoman in court, facing a demand for £13,000 in unpaid fees.

Managers at Malvern College in Worcestershire claim that Miss Goddard left it too late to notify them that her son Elliott would not be returning to the boarding school in September 2021, leaving them unable to fill the place.

She told Prestatyn County Court that she chose the college, whose alumni include TV gardener Monty Donn, journalist and presenter Jeremy Paxman and Chronicles of Narnia author CS Lewis, not only for its academic record, but because of its extra-curricular activities.

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The 650-pupil co-educational school, with annual boarding fees of £39,000, boasts a wide range of sporting facilities ranging from rugby, football and cricket to fencing, Fives, climbing and shooting.

It also has its own state-of-the-art theatre.

“It was really the whole experience of the school I bought into, not just the academic aspect but also the extra-curricular activities and lifestyle. I didn’t mind the fees,” said Miss Goddard.

When the COVID pandemic meant that boarders had to be educated online at home, the fees per term were reduced from £13,000 to £7,900.

Barrister Donald Fraser, representing the college – motto “Sapiens qui prospiciT (“Wise is the person who looks ahead”) - told the hearing: “That is a whopping adjustment for a short period.”

In April 2021, Miss Goddard paid the £7,900 for the summer term but Mr Fraser said that at the same time she should have notified the college that Elliott would not be returning for the autumn term in September.

By not notifying them until June she had breached their agreement, thus making her liable for another £13,000.

“The college has not breached any part of the agreement,” said Mr Fraser.

Kate Collyer, the college’s financial director, said that although the extra-curricular facilities could not be used there were still maintenance costs.

“We needed to be in a fit state to offer facilities as soon as the restrictions were lifted,” she said.

Miss Goddard told the court that she was also unhappy about the level of support Elliot was receiving for his on-line studies and was concerned about COVID safeguarding issues if he returned to school because he was asthmatic.

Her barrister Anthony Gough explained: “Her son’s life may have been at risk and she wanted to know exactly what was going to be done. She had to make a decision.

“The situation was far worse in June than in April, when she should have given notice.”

District Judge Dylan Lloyd-Jones said he would give his judgment next month.

“The questions are very far-reaching,” he added.