The beginning of September marked the start of the season for school applications. For those moving up to secondary school in 2025, they only have until 31 October 2024 to submit their applications. Primary school applicants have slightly longer, until 15 January 2025.
Choosing a school for your children, or maybe changing their school for some reason, is possibly one of the biggest decisions you make as parents. It can have an enormous impact on children’s lives, and so getting it right feels crucial.
Making that same decision as a separated parent should be no different, but in reality there can be even more complex layers to the decision, and perhaps even a fear about whether your views will be heard.
This article highlights what happens if separated parents can’t agree on their children’s education, highlights when a prohibited steps order is necessary and advises what parents need to consider when choosing a school for their child.
Ultimately, every parent with parental responsibility (PR) has the right, and indeed the duty, to decide how their child is educated. PR is the legal right and obligation to make decisions about your child, this could include what medical treatment they receive, or what education they have.
PR is automatically acquired by a birth mother. A father has PR if he is married to the mother, or was at the date of conception, or, since May 2006, if he is named on the child’s birth certificate. If PR is in issue, an application may be made to the court to acquire it and further advice should be sought.
On the basis then, that both parents should be involved in the decision about where their child is educated, what happens if they cannot agree? The primary focus of any decision should always be the child. The parents should think about what will be in the child’s best interests and consider their individual needs. School should be a safe place, offering routine, structure and friendship; a stable ship during the turbulent waters of a changing family dynamic.
If agreement cannot be reached, either parent has the right to make an application to the court. A stand alone application for a specific issue order can be made, asking the court to determine which school the child should attend.
If Children Act proceedings are already underway, an application can be made within the existing proceedings. The court’s main focus will be the child who is the subject of the proceedings, and consideration as to what is in his or her best interests.
The court also pays close attention to the welfare of the child, considering a seven point criteria, including the ascertainable wishes and feelings of the child and the likely effect on the child of any change in circumstances.
In the event that a parent becomes concerned about the unilateral behaviour of one parent, who, for example, may be changing a child’s school without the consent of the other, that parent should consider an application for a prohibited steps order.
A prohibited steps order could prevent whatever action is being taken (or threatened) against the wishes of that parent, and then allow the court the opportunity to step in an make a decision if the matter remains unresolved.
Whatever the relationship between the parents, it’s surely irrefutable that the child themselves should be at the heart of any decisions about their education.
Parents should remember to focus on the interests of the child and ensure there are prioritised over and about their own personal wishes and feelings. A child should never be used as a weapon of separation, rather a reason to find an amicable way forwards, particularly where it’s the child’s own welfare at the forefront of the dispute.
For further information, please contact the family team.
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