Private School Fees for Separated Parents | What to Expect from a Labour Government

There has been much hype in the media running up to the recent election about Labour's planned "tax raid" on private school fees.  Whether the new government intends to fully implement this policy remains to be seen, but it may be as soon as January 2025 if they do.

If fees are increased this could lead to issues for separated parents. Within a divorce, one of the orders a party can apply for is a "school fees order" – requiring one of the parents to pay or continue to pay private school fees. Many parents who have opted to send their children to private school will do what they can to maintain the status quo, even if their finances are squeezed.

If you are subject to a school fees order and VAT is introduced, leading to financial difficulties, you can apply to court to vary the order. A school fees order is a type of maintenance order and can be varied by either party making an application. The court would consider your financial circumstances and whether a variation is justified. This could mean seeking to limit the duration of the order or seeking to reduce or stop the order completely. If your ex-spouse is now in a financial position to contribute to the fees such a variation may be justified.

Another issue that could arise is one parent seeking to move the children to a state school if fees are no longer affordable. If this issue cannot be agreed between the parents, then an application to court would have to be made for a "Specific Issues Order" so the court can decide whether they should move. Identifying a few good alternative schools that are also practical options and doing your research before even raising the issue is the sensible first step.

In the first instance the sensible step would be to try to resolve the issue by agreement with your ex, either directly or through solicitors. There are plenty of "ADR" (Alternative Dispute Resolution) options available to you such as mediation and round table meetings to try to come to an agreement without heading straight to court. The court would also expect you to explore those options before making an application in any event.

These issues can take time to resolve, particularly if you do need to apply to court. It is therefore sensible to seek legal advice early. We will monitor the situation closely and provide an update when the position becomes clearer.

For more information or advice on your situation please call Family Law Partner Emma Lawler on 01522 542211