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Key definition
School definition

What does School mean? In legal practice, “school” denotes an institution providing primary or secondary education to pupils, whether state-funded or independent, and includes special schools. The expression is used across education, public, employment, safeguarding and equality law in issues such as admissions, exclusions, SEND/ASN, governance, premises and duty of care. In England and Wales, statutory definitions are found chiefly in the Education Act 1996 and the Academies Act 2010, covering maintained schools (community, foundation, voluntary aided/controlled), academies and independent schools; pupil referral units, early years and further education institutions are distinct. In Scotland, the Education (Scotland) Act 1980 defines schools, including nursery, primary, secondary and...

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School fees and educational expenses: court orders, applications under MCA 1973/CPA 2004 and Schedule 1 Children Act 1989, and CMS variations (England and Wales)

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Practice notes
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Practice Note

This Practice Note sets out guidance on the court’s authority to order periodical payments and/or lump sums covering school fees and other educational or training outgoings. It outlines the steps to be taken in matters involving parents who are or have been married or in a civil partnership, as well as in situations where the parents have never been married or in a civil partnership, and prescribes the process to follow. Significant limits apply to the court’s ability to make periodical payment orders for a child where the Child Maintenance Service (CMS) has, or would have, competence to carry out a maintenance calculation. Even so, the court still has power to direct that a parent, or any person who has treated the relevant child as a child of the family, must pay or contribute towards the expense of a child receiving instruction at an educational institution, or undertaking training for a trade, profession, or vocation (whether or not in paid work). Most frequently, such directions concern the settlement of private school fees...

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Web page updated on 21/05/2026

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