What is the position for schools who contractually owe a duty to deliver a service paid for but are unable to provide it? Is there a force majeure​?​ If not, What must schools do to ensure they meet their contractual obligations in the pandemic? If they cannot deliver, are students entitled to a refund?

Schools and the coronavirus

In accordance with its powers under section 37 and Part 1 of Schedule 16 to the Coronavirus Act 2020 (CA 2020), the government announced that schools would be closed from 20 March 2020 to all pupils except for those of key workers and vulnerable children. Under CA 2020, s 38 and CA 2020, Sch 17, Pt 1, the government has powers to ‘give directions regarding the continuing provision of education, training and childcare’ and has issued various guidance papers on the topic. See Education and childcare during coronavirus.

On 28 May 2020 the government announced that nursery, reception, Year 1 and Year 6 pupils could attend nursery or primary schools. From 15 June 2020 secondary schools can invite Year 10 and Year