Choosing a school for a child is a big decision for all parents. Unfortunately for separated parents, it can become even more challenging and complicated – especially if they do not agree with each other. This article examines the legal framework surrounding children’s education and what happens when parents disagree on a child’s school.
Who can make decisions in respect of a child’s education?
Just like other important decisions about a child’s upbringing, the decision on where to educate your child needs to be agreed by all people who have parental responsibility (which is typically parents).
In legal terms, parental responsibility means having “all the rights, duties, powers, responsibilities and authority which by law a parent has in relation to their child and the child’s property.” Birth mothers automatically have parental responsibility at birth. If a father is married to the mother, he also acquires parental responsibility at birth. If not, he can acquire parental responsibility by being named on the child’s birth certificate or through a parental responsibility order.
Can one parent decide on a child’s school without consulting the other parent?
If both parents have parental responsibility, no, one parent alone cannot decide which school their children go to. Decisions in respect of a child’s education and schooling need to be made and agreed by both parents, and it is important that they both are involved in the process and have a voice.
What happens when separated parents cannot agree on a school?
Even if both parents have the child’s best interests at heart, it can still be a challenge to agree on the right school. There are several factors involved in this decision, but ultimately, the well-being and education of the child should be the priority.
If parents are unable to agree on the choice of school directly or through mediation, they should consider making an application to the family court under the Children Act 1989 for a ‘Specific Issue Order’. The family court can determine and make an order as to which school the child should attend, based on what it considers to be in the best interests of the child. However, making an application to the family court should always be a last resort.
So, what should separated parents do when trying to agree on their child’s choice of school?
- Be prepared: Applications open on different days in each local council area, and parents need to apply a year before their child starts school. For primary schools, applications typically open in September each year and close on 15 January. For secondary schools, applications usually open on 1 September and close by 31 October.
It’s important to gather as much information as possible about your preferred choice of schools to discuss with your ex-partner (for example, Ofsted reports, school performance data, extracurricular opportunities, and travel details from both homes). Schools often host open events that you can both attend. Discussions should be had as early as possible and should be child focused.
- Consider mediation: If you cannot reach agreement you should attempt to resolve the matter by family mediation. Mediation is often an effective method of resolving family disputes. Whilst the mediator will not make a decision for you, their impartial role is to ensure each of you are able to communicate and explain your views to each other and help you reach an agreement.
- Do not delay: If there is a disagreement on schooling, you should seek legal advice early so that there is sufficient time to negotiate, attend mediation, or if necessary, to make an application to the family court in good time before any school application deadlines. The court process can unfortunately be lengthy so acting promptly is vital.
- Contact us: At Tees, we have a team of specialist family lawyers and mediators who can assist you in resolving any disputes over your children’s education and any other family law-related matters. Please do not hesitate to contact us if you require assistance.
