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Secondary education

Connect with other parents whose children are starting secondary school on this forum.

Original poster

Definition of secondary education

20 replies

Bexter1312 · 19/01/2025 19:35

I need some advice regarding the definition of full time secondary education.
I have a legal charge on my house and I am to pay my ex husband when my son is 18 or finishing full time education. He is 19 and at college studying Level 3 but I don't know if this is classes as secondary education or not ?

OP posts:
ramonaquimby · 19/01/2025 19:37

No, secondary goes to year 11. Then it's further education

LIZS · 19/01/2025 19:50

Full-time education could include uni. How many hours pw does he attend?

Original poster
Bexter1312 · 19/01/2025 19:59

He attends college 3 days a week and then has assignments to do.

OP posts:
SnarkSideOfLife · 19/01/2025 20:01

Regardless of whether it’s secondary or not he hasn’t finished full time education. I imagine the course counts as full time even if only in three days?

stichguru · 19/01/2025 20:09

Bexter1312 · 19/01/2025 19:35

I need some advice regarding the definition of full time secondary education.
I have a legal charge on my house and I am to pay my ex husband when my son is 18 or finishing full time education. He is 19 and at college studying Level 3 but I don't know if this is classes as secondary education or not ?

So I work in further education, and the way I interpret this is:

  1. Until 16 your child would have been in compulsory full-time education, otherwise you would have been breaking the law.
  2. 16-18 legally, he has to be in education, but it doesn't have to be full time although it might be.
  3. 19+ your child might be on a full time college or university course, but they might be on a part time course, or not in education at all.

My interpretation is

  1. Until 16 you don't have to pay it back
  2. 16-18 if your son has chosen full time education you don't have to pay it back, but if he has chosen part-time education you do.
  3. 19+ if he has chosen to continue to another full time course such as a full time degree, or another full-time further study course you don't have to pay it back, but if he has chosen to do part-time study or not to study at all, you do need to pay it back.
Mysteryfemale · 19/01/2025 22:10

Does it say whichever is the later, or whichever comes first?

Pinkissmart · 19/01/2025 22:15

More context.

Secondary school s up to y11. However, if you are paying maintenance for your child, then full time education ends when they have completed A levels/ Level 3.

Original poster
Bexter1312 · 20/01/2025 00:25

'completing their full time secondary education or reaching the age of 18, whichever is the latest'

OP posts:
Undrugged · 20/01/2025 00:28

What jurisdiction? Any SEND? An EHC plan or no (if in England?). Either way, you need a lawyers’ advice. Not random guesses about the meaning of a term in a court order.

Original poster
Bexter1312 · 20/01/2025 03:34

There is SEND and EHCP in place. I am seeking legal advice but just wanted to gauge opinions. Thanks.

OP posts:
SheilaFentiman · 20/01/2025 07:44

IANAL but I would read this as the child finishing sixth form/yr 13 education - eg A levels or BTEC. The child would turn 18 during yr13 (unless summer birthday) so the event would be the end of their a levels/Btec.

I think it has been phrased as secondary to exclude university education. It isn’t the best phrasing but a lot of kids will go to secondary school, be there 11-18, come out with a levels and that’s probably what it intends.

Your situation may well be a loophole but your lawyer can advise,

TeenToTwenties · 20/01/2025 07:57

From a common sense point of view he is doing a course at the same level as A levels, that counts as full time, and it should therefore count for maintenance purposes.

He isn't in a position to support himself, nor is he eligible for student loans or many (any?) benefits. Maintenance should be payable.

SheilaFentiman · 20/01/2025 08:03

@TeenToTwenties it isn’t specifically about maintenance, it’s about whether XH can now call in his legal charge on the house (probably meaning OP would need to sell)

toomuchcheesetoomuchchocolate · 20/01/2025 08:08

I think that this is usually used to mean at the end of A levels or equivalent. Why is he 19 and at college doing a course? Did he repeat a year? Or did he spend a year post GCSEs doing one thing and then changed to something else and had to start again? When is his course due to finish? This summer?

Original poster
Bexter1312 · 20/01/2025 09:33

My son missed a lot of school due to ASD and had to start college on a Level 2 due to lack of GCSEs, hence why he is still in college at 19. He finishes his level 3 this summer.

OP posts:
SheilaFentiman · 20/01/2025 09:54

I would see that as a good case for him effectively still being in FT secondary education until summer 2025, then.

changecandles · 20/01/2025 13:34

Good luck to your son OP x

toomuchcheesetoomuchchocolate · 20/01/2025 23:48

In that case, I think that the clause will apply until his course finishes this summer.

TreeSquirrel · 21/01/2025 16:14

I think the fact the provision refers to the charge continuing past the age of 18 if the child is still in full time secondary education means it must cover your DS’s college course.

It wouldn’t have mentioned this if the intention was only to cover up to the end of year 11 as no one over 18 would be in that position.

prh47bridge · 21/01/2025 19:17

FSecondary education is up to A-level or equivalent. A level 3 diploma is equivalent to A-level, so your son's course should count.

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