It is approaching the time when school open days are taking place, and it is necessary to weigh up your options. Deciding which school is the right one for your child can be challenging. This can be even more tricky where parents are separated. You might wonder if you even need your ex-partner’s consent when choosing a school or what to do if you cannot reach an agreement.
The legal position is that every person with Parental Responsibility should be consulted about the child’s education and ideally agree on the appropriate school for them to attend.
As there is a set deadline for submitting your child’s application for their preferred schools, it is important to take action as soon as possible to resolve any disagreements.
The question of whether your ex-partner has the right to be consulted about schooling options depends on whether they have Parental Responsibility. Parental Responsibility is the rights, duties, powers, responsibilities and authority which a parent has in relation to their child.
Parents can have parental responsibility automatically or they can acquire it. Broadly speaking:-
• The child’s biological mother will automatically have Parental Responsibility.
• If a Father is married or in a Civil Partnership with the Mother, then they would automatically have Parental Responsibility.
• Fathers who are not married or in a Civil Partnership do not automatically have Parental Responsibility but can obtain it if they are registered or re-registered on the child’s birth certificate, by agreement or by order of the court.
Finding the right school for your child is crucial. A school is usually a fundamental part of the child’s life and a safe place for them, especially if life at home can be turbulent following a family separation.
Communication is key from an early stage. It is best practice to notify your ex-partner of the schools that are your preferred options, with details of their open evenings. You do not need to attend together but an exchange of emails after the open event, sharing your respective opinions on the school is useful. It may be particularly important to set out the following:-
1. What the travel arrangements will be for your child in getting to and from school and whether they are feasible;
2. The relevant Ofsted reports and resources that the school has to offer in terms of academic achievement and support available for SEN children.
3. Any extra-curricular activities or clubs that are offered which are particularly relevant to your child.
4. How the location and travel arrangements tie in with existing or proposed living and contact arrangements.
5. Whether there are any breakfast or after school clubs that are required.
6. The age of the child and their wishes and feelings on the proposed school, if appropriate, usually only at Secondary School age.
The paramount concern should be the welfare of your child and which school best serves their educational needs.
If you cannot reach an agreement then it is best to refer to mediation. This is where an independent third party will sit with you to try to help you find a resolution. This may require compromise. Mediation can take place either face to face, remotely or by way of shuttle mediation. In circumstances where there has been domestic abuse, it may be more appropriate for there to be shuttle mediation or in severe cases mediation may not be appropriate at all.
If this proves unsuccessful, then another option is solicitor’s correspondence, which can assist parties in reaching an agreement.
In the event that there is no prospect of agreement being reached, then it is possible to make an application to the family Court. This would be an application for a specific issue order to ask a Judge to determine which school the child should attend, or which preferred list of schools should be in the application.
The Court’s paramount consideration will be what is in the child’s best interest, and this will include their physical, educational and emotional needs. The Court rarely take into account factors that impact the parent only. The child will be the primary focus when determining the outcome of the case.
If you have any concerns that we can assist with, please get in touch using the contact methods below.
