As the summer holidays come to an end, and the kids return to school, did you know that all parents/guardians/carers with “parental responsibility” must agree and consent to which school a child attends?

Parental Responsibility is a legal status and all those who hold it should be involved in making important decisions concerning a child’s education, health, welfare, and money. Whilst this is not limited to parents (but note, not all parents hold parental responsibility) this article will assume parents for simplicity.

Those with parental responsibility can make some decisions independently of each other, such as discipline and a child’s day-to-day activities, however, which school a child is to attend requires consultation and agreement of all those with parental responsibility.   One parent cannot simply exclude the other and decide this alone.

Even though the new academic year has only just arrived, applications for school admissions for both Primary and Secondary open in September and close in late October (Secondary) or mid-January (Primary). Applications should be made to your local council.

In many cases, which school a child is to attend can be agreed between parents, however, in separated families, this can lead to difficulties and conflict.  This decision must be resolved by parents, the Court, or any other such process before the application is made – it is not for the local council to determine parental disputes.  It is, therefore, best to address these matters early, undertaking your own research and visiting the potential schools in advance.

Prepare a shortlist of your preferred choices and communicate (by whatever means you are able) with the other parent the reasons for your preferred options. Always remember, that the decision should be in the best interests of the child.

If there is a dispute that cannot be resolved between you, then you might consider:

1. Family mediation where an independent third party will help facilitate and aid those discussions with a view to you reaching an agreement.
2. Advice/ negotiations via solicitors.  Instructing solicitors should not be considered a hostile or aggressive approach.
3. Roundtable meetings – attending a meeting with a legal representative and the other parent and/or their legal advisor to discuss and consider the other’s views to try to reach an agreement.
4. Arbitration – a voluntary process in which you agree to appoint an independent Arbitrator and to be bound by their decision. The Arbitrator will determine the dispute after hearing each of your arguments for/against, and their decision can, where necessary, be embodied into a Court Order and filed with the Court.
5. Court – an application will need to be made for a Specific Issue Order in which the Court will determine which school the child should attend.

You should always consider attending court as a last resort after you have exhausted all other options. Having constructive discussions early can help avoid acrimony, cost, and, most importantly, uncertainty for you and the child.

Since discussions can be fraught for some parents, should you require any further information or assistance, please do not hesitate to contact a member of the Geldards Family Team