Often, parents stretch their family budget to make their children’s private school education a priority, so the imminent introduction of VAT on school fees from January 2025 will hit hard. In some cases, this may mean having to make important decisions about whether parents can commit to a private education throughout their childhood.
Where do separated or divorced parents stand legally on all this?
Choosing another school
If they are or have been married, both parents will have parental responsibility for their children; if unmarried, the same applies if both parents are on their children’s birth certificates. This means that they must consult with each other over plans for their children’s education and try to make joint decisions. If they cannot agree which school the children should go to, there are now a number of options for trying to reach an agreement out of court including mediation, round table meetings, collaborative law, arbitration or engaging a solicitor to negotiate on your behalf.
Using out of court options for making new arrangements means that you have the flexibility to manage any change to the children’s education in the best way for them. It is by no means guaranteed that a place in another school will be available immediately and it may be important to time any change, so that it coincides with a move from primary to secondary education or does not jeopardise GSCE or A level courses.
But if this fails, parents will need to apply to court for a specific issue order and a judge will decide which school the children should attend. This is a lengthy process and may not fit in with the children’s needs or the parents’ ability to keep paying school fees in the interim.
Paying the fees
If you have a financial order following your divorce and it contains a provision for either parent to pay private school fees, this may need to be varied if the fees have become unaffordable. The parent ordered to make the payments should continue to make the payments under the order until an agreement has been reached or the order is varied. If they don’t, they will be in breach of the order and the other parent can apply to court to enforce the order and make them pay the fees, including any arrears. Most importantly, changing schools is a major event in your children’s lives so maintaining the status quo means that your children can continue in their usual school until a new school has been found and they can be properly prepared for any move.
If you do not have a financial order but it is clear that the fees are still affordable, you can apply to court for a school fees order under schedule 1 of the Children Act.
At Ellisons, our Family Team offer advice either by telephone or remotely on a video call, or at one of our offices in Ipswich, Bury St Edmunds, Chelmsford, Colchester, Frinton-on-Sea or London. We also offer a free exploratory call so that we can match your specific needs with the right person in our family team. Please contact us on 01206 764477.
