Primary School: What If Separated Parents Can't Agree?

Female teacher holding up a book in front of her class of elementary school kids sitting on the floor in a classroom, side view

The deadline for applying for a primary school reception place is 15th January. Parents will need to list their top three schools in order of preference when they submit the application but what do you do if you are on a different page (or reading from a different book) to your co-parent?

22.12.2023

It is not uncommon for separated parents to struggle to reach an agreement about which school to put as the number 1 spot especially if they live in catchment areas for different schools. 

What is the legal position?

If you have parental responsibility for your child you should be involved in all decisions about your child’s education including which school the child goes to and whether their place is deferred to later that year or even the following September for summer born children.

If you are the birth mother you will automatically have parental responsibility. If you are the father, you will have parental responsibility if you were married to the mother on or after the child’s birth, are registered on the child’s birth certificate or have a court order that confers parental responsibility.

What if we can’t agree?

For parents who can’t agree about the choice of school or any other issues concerning the child’s education there are various options:
 

  1. Discuss these issues directly with the help of a third party or specialist family mediator. This is a great first step and can help to resolve the issue quickly, amicably and cost effectively. 
     
  2. Seek legal advice. Your solicitor will help you negotiate and advise you how the Court is likely to decide the issue. 
     
  3. Ask the Court to decide the issue for you, this is called a Specific Issue Order, or to stop the other parent progressing an application, this is called a Prohibited Steps Order.
     
  4. Ask an Arbitrator to decide the issue. This has flexibility not offered by the Court process and can happen much more quickly. It is only an option when both parents agree to submit to arbitration as the decision will be binding on you both.

The primary consideration for the Court or Arbitrator will be the best interests of the child taking into account things such as:

  1. What school is the best fit for that particular child considering their unique needs, personality and characteristics.
  2. Any special educational needs and how these would be catered for by each school.
  3. Where the child lives for most of the week.
  4. Where any siblings go to school.
  5. The likely impact on the child of any change in circumstances
  6. What the child’s wishes and feelings are (in light of their age and understanding).
  7. Any harm or risk of harm the child might suffer.
  8. If the fee is school paying, who will pay the school fees?

Our Complex Children Team of Excellence have significant experience in dealing with these sorts of disputes and will be able to advise and guide you through the process. 

Our Public Law Team can also advise if you have been offered a school place but wish to appeal against the decision.

 

 

 

Key Contacts

Related Articles

  • Same-Sex Couples and Navigating Parenthood Across the Borders
    Expert Comment
    Same-Sex Couples and Navigating Parenthood Across the Borders
    For many same-sex couples, starting a family is a joyful milestone. But when life takes you across borders – a new job, a move closer to family, or a fresh start – the legal “givens” you relied on at home can start to look less certain.
    Read more
  • Insights from the Private Law Pathfinder Pilot
    Expert Comment
    Insights from the Private Law Pathfinder Pilot
    The evaluation of the Private Law Pathfinder Pilot in Dorset and North Wales marks an important step in rethinking how family courts operate. The pilot set out to do something ambitious: make the process less adversarial, more investigative, and above all, child-focused.
    Read more
  • Neurodiversity and the welfare checklist
    Expert Comment
    Neurodiversity and the welfare checklist
    When considering arrangements for children in England and Wales, the court’s ‘paramount consideration’ is the child’s welfare. The Welfare Checklist provides the framework for this assessment, requiring careful consideration of factors such as the child’s wishes and feelings, physical, emotional and educational needs, and the likely effect of any change in circumstances. For neurodivergent children, these factors take on heightened significance: a neurodivergent child’s communication styles, sensory needs and responses to change may differ markedly from neurotypical peers, meaning that professionals and judges must ensure appropriate adjustments and expertise are applied when interpreting the checklist.
    Read more