With the school summer term ended and September bringing a new school year, this blog explores the remedies available when there is a disagreement between separated parents about selecting a school for their child.
Selecting a school for your child is an important decision for everyone involved, and any such decision should be made jointly where parental responsibility (PR) is shared. See our blog for further information on PR here.
We often see the school’s location, Ofsted rating, exam results record and/or extra-curricular offering attribute to this kind of dispute.
It is important for parents to remember that the “right” school is very much dependent on each individual child, and what might have be “right” for one child, may not necessarily suit another.
It is of course always best, wherever possible, to resolve the dispute by agreement. This may be at between yourselves or with professional help, such as at mediation or via solicitors letters. If you attend mediation and depending on the age of your child, they can be involved by expressing their wishes and feelings.
The final agreed decision on your child’s school can then be incorporated to a Parenting Plan which you can learn more about in our blog here.
In the unfortunate event that an agreement cannot be reached, then there is the option to apply to the Court for either (or both) of these orders:-
Specific issue order: Used to resolve a single, significant dispute regarding a child’s upbringing (i.e. their schooling)
Prohibited steps order: A preventative order to stop parent from taking specific action regarding a child’s upbringing without the court’s permission (i.e. unilaterally moving the child to a new school).
There will be at least one hearing and a judge will make the decision for you (in a legally binding “final order”). When making the final order, the judge will consider various factors including, the child’s wishes / feelings in so far as those can be obtained by a social worker, social worker recommendations and evidence provided both parents.
At E J Coombs, we are experienced in dealing with this kind of dispute and can assist with resolving matters by agreement, or court proceedings in the event an agreement cannot be reached.
Please do not hesitate to contact us, using the links below, should you wish to discuss your situation further.
