For many parents, choosing a secondary school is one of the most important decisions they will make about their child’s education. With applications for secondary school places in England normally required by 31 October, separated parents who cannot agree on which school their child should attend may find themselves under considerable pressure.
So, what happens if parents with parental responsibility cannot agree?
Do both parents have to agree on the choice of school?
Where both parents have parental responsibility, an important decision such as a child’s education should generally be made together. Parental responsibility gives a parent rights and responsibilities in relation to their child’s upbringing. Where parents disagree about an important aspect of that upbringing, it may not be appropriate for one parent simply to make the decision unilaterally.
Choosing a secondary school can have significant consequences for a child, including their education, friendships, travel arrangements, extracurricular activities and future opportunities. It is therefore an issue that can become particularly contentious following separation.
The fact that a child lives primarily with one parent does not automatically give that parent the right to make every major decision about their upbringing without consulting the other parent.
Resolving any disagreement before going to court
Court proceedings should generally be viewed as a last resort. If parents cannot agree on a school, mediation may provide an opportunity to discuss the reasons behind each parent’s preferred choice and explore whether an agreement can be reached.
For example, one parent may prioritise academic results, while the other may be more concerned about the child’s journey to school, their existing friendship group or the availability of particular support or extracurricular activities.
A mediator can help parents focus on the child’s needs rather than the disagreement between them. Mediation is not about determining which parent is “right”. Instead, it provides a structured environment in which both parents can put forward their views and attempt to reach a solution. GOV.UK recommends considering mediation and other forms of non-court dispute resolution before going to court if it is safe and appropriate to do so.
If an agreement is reached, parents can record what they have agreed. Where appropriate, legal advice can also be obtained about whether the agreement should be made legally binding.
What if mediation doesn’t work?
Sometimes parents will simply be unable to reach an agreement. If the dispute cannot be resolved, it may be necessary to ask the Family Court to determine the issue. The appropriate application in a dispute about the choice of school will generally be a Specific Issue Order under section 8 of the Children Act 1989.
A Specific Issue Order allows the court to determine a particular question concerning the exercise of parental responsibility. GOV.UK specifically gives the example of parents who cannot agree which school their child should attend. The application is normally made using Form C100, which can be used to apply for a Specific Issue Order, Child Arrangements Order or Prohibited Steps Order.
What will the court consider?
The court’s focus will not be on which parent has the stronger argument or which school one parent prefers. Its primary consideration will be the child’s welfare.
The court may therefore consider a range of factors, depending on the circumstances, including:
- the child’s age, needs and wishes and feelings, where appropriate;
- the quality and suitability of the schools being proposed;
- the child’s academic and educational needs;
- the distance and practical arrangements for getting to school;
- the child’s existing friendships and support network;
- any additional educational or special needs;
- the impact of the proposed school on the child’s relationship with both parents
- any other circumstances relevant to the child’s welfare.
The court will consider the particular circumstances of the individual child and family. There is no automatic rule that a child should attend the school preferred by the parent with whom they live.
Don’t leave it until the deadline
One of the biggest practical problems with school disputes is timing. If parents remain deadlocked as the 31 October application deadline approaches, simply waiting to see whether the issue resolves itself can leave very little time to seek legal advice, attempt mediation and, if necessary, make an application to court.
Before making a family court application, there is generally a requirement to attend a Mediation Information and Assessment Meeting (MIAM) with an authorised mediator, unless an exemption applies. The purpose is to assess whether mediation or another form of non-court dispute resolution could safely and appropriately help resolve the dispute.
Where there is an urgent issue, or circumstances such as domestic abuse, an exemption from the MIAM requirement may apply. Parents should therefore seek advice as early as possible if they believe agreement about secondary school is unlikely.
What if one parent has already applied to a school?
This can make an already difficult situation more complicated. Parents should avoid assuming that submitting an application means the decision has been made. If both parents have parental responsibility and there is a genuine dispute about the child’s education, the disagreement may ultimately need to be resolved between them or, if necessary, by the court.
Equally, parents should be cautious about using the school application process as a way of escalating the dispute. The focus should remain on finding the school that best meets the child’s needs.
Keep the focus on the child
Disagreements about secondary school can quickly become part of wider disputes between separated parents. One parent may feel that the other is deliberately obstructing their preferred choice, while the other may believe that an important decision is being made without proper consultation.
Where possible, parents should step back from the conflict and consider what outcome is genuinely in their child’s best interests. Mediation can be an effective way of doing this without the cost, stress and uncertainty of court proceedings. However, where agreement cannot be reached, a Specific Issue Order provides a route for the Family Court to make the decision.
With the secondary school application deadline approaching, parents who anticipate a dispute should not wait until the last minute. Early legal advice can help clarify parental responsibility, explore options for resolving the disagreement and, where necessary, ensure that the appropriate application is made in good time.
