Seven tips to help schools and colleges manage parental disputes about their child's education
Parental disputes about school choice can place schools and colleges in a challenging position, especially when separated parents cannot agree on where their child should be educated. In this article I will explain how schools and colleges can navigate these situations lawfully, sensitively, and effectively.
Who has parental responsibility?
Everyone with parental responsibility (PR) has a seat at the metaphorical table and a right to be involved in decisions about their child’s education. This typically includes the child’s parents, subject to rules around birth registration and any court orders in place.
Schools and colleges should ensure that all people with PR consent to a child’s enrolment. Without everyone on the same page, there may be difficulties with finalising the enrolment.
Is there disagreement?
If parents can't agree they may have to ask a court to reach a decision about their child's education. Before they get to this stage, the parties must attend a meeting about mediation and genuinely consider whether they can resolve this issue outside of court.
If this isn't possible, the court can step in. Court proceedings typically involve several hearings. Cafcass (Children and Family Court Advisory and Support Service), will be appointed to assess the situation from a safeguarding perspective and to potentially make recommendations. Each parent must present detailed information about their proposed school through witness statements, including how it meets the child’s needs, and Cafcass may need to prepare a report setting out their recommendations.
Schools/colleges may also be asked to prepare a letter for the court setting out its views about the child’s educational needs and/or speak to Cafcass.
If Cafcass determines that it is necessary to speak with the subject child about their wishes and feelings (subject to their age and understanding) in relation to a school change, the appointed social worker may want to meet the child at the school/college. In such cases, the school/college should accommodate this visit and provide a quiet room for the discussion.
The judge will make a decision based on the child’s best interests, guided by the Welfare Checklist - a statutory list of factors including the child’s emotional, educational, and physical needs. For children with specific needs, such as neurodivergence or additional needs, the court will likely require evidence of the child’s specific needs (i.e. potentially their ECHP) and how each school/college can support them appropriately.
Delays in the court system
Due to the natural delay in the court system and the current backlog of cases, many parents, even where the dispute appears intractable, turn to non-court dispute resolution for a cheaper and quicker decision. For example, they may instruct a senior barrister to assess both of their proposals and provide an early neutral evaluation on what they would decide if they were the judge in court proceedings. Although not binding, it can focus parent’s minds and mean court proceedings are not necessary.
Private schools
If one parent wants their child to attend a private school, the issue of school fees becomes relevant. While the choice of school is addressed under Section 8 of the Children Act 1989, the payment of fees falls under Schedule 1 of that Act. A separate application may be needed if parents cannot agree on financial arrangements. However, the parent proposing private education will still address how fees could be covered in their initial proposal. The court will need to address the issue of school fees, before deciding where the child goes to school.
Top tips for schools and colleges
Schools and colleges play a crucial role in managing these situations sensitively and properly.
Here are our top tips for getting it right:
- Take care when enrolling a child unless all parties with PR consent unless an exception exists.
- If a court order is already in place, ask parents whether it includes permission to disclose a copy to the school. While some orders may allow this, disclosure is only permitted if the court has expressly authorised it, as such family law orders are confidential.
- Don't attempt to mediate between the parents, or provide legal advice. You can, if you wish to, signpost where parents can obtain legal support.
- Give each parent your brochure, admittance policy and explain the timelines for holding a place.
- Allow both parents to independently visit or speak to you so that they can form their own views.
- Maintain a neutral position and be open about sharing information with both parents.
- Refer to the relevant local authority's early help team who can provide information and advice to support families when disputes or problems arise.
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