Around this time of the year, often an issue that separated parents face is deciding what school their child should attend. This is a big decision in your child’s life, and it is important to start the discussions with the other parent as early as possible and even have a look all the potential schools together to see if an agreement can be reached.
There are several issues that need to be considered when determining which school your child should attend, including whether or not you live in the catchment area for that school and whether there is a place for your child at your choice of school.
If there is a disagreement between you and the other parent, then ideally you should try and resolve matters via mediation to save the expense, delay and hassle of going through the Court. However, if an agreement cannot be reached at mediation or via other methods of alternate dispute resolution, then you need to consider carefully what you want the Court to decide on.
Given this is a specific issue you want the Court to determine, then you will need to make an application to the Court for a Specific Issues Order and ask the Court to decide which school your child should attend. You may feel it is necessary to apply for a Prohibited Steps Order, these orders can prohibit the other parent from changing the child’s school.
A Specific Issues Order (SIO) is a legal mechanism under UK family law, specifically provided for by Section 8 of the Children Act 1989. It allows the court to make decisions about a specific aspect of parental responsibility or a particular issue concerning a child’s welfare when parents or guardians cannot agree.
A Prohibited Steps Order (PSO) is another legal mechanism under UK family law, provided for by Section 8 of the Children Act 1989. It is designed to prevent a parent or guardian from taking specific actions regarding a child’s upbringing without the court’s consent.
There are however often a few misconceptions when it comes to how parents may choose the school which their child should attend. Here are some of the common myths:
I am the parent that the child lives with so I do not need to consult the other parent.
This is incorrect. If you have “Parental Responsibility” (PR) for your child, you have a say in which school your child should go to, this is regardless of who the child lives with.
The Court can order for my child to attend a school outside of the catchment area.
It is often a misconception that the Court can order for a child to attend a school outside of their catchment area. The Court will not make an order directing the Local Authority to change their standard policies and procedures regarding school admission.
Both parents can make separate applications for the same child’s school admission, to the same or different local authority.
In our experience if both parents make applications, the local authority is able to quickly identify that two applications have been made for the same child. As a result of this the Local Authority will subsequently put both applications on hold until an agreement can be reached, or an order is made by the Court. However, if this is not done within the Local Authorities deadlines for school admissions, your child may be at risk of not having either application processed. This can result in your child not getting a place at a school in their catchment area, especially if the school is oversubscribed.
The Court will deal with my application urgently.
If you make an urgent application to the Court regarding your child’s schooling, the Court may not deal with your application urgently. This is because the family Court already has very long lists of cases and the Judge considering your application may not feel your case is urgent (compared to the other cases before the Court). This can cause a delay in your court application being processed and potentially not being heard before the deadline provided by the Local Authority.
Conclusion
If you and the other parent are having issues, it is important that you discuss this before the school admissions process starts. If an agreement can be reached, then only one parent needs to make an application for the child. If an agreement cannot be reached (either via solicitors or mediation), then you will need to make an application to Court as soon as possible.
When considering such applications, the court’s paramount concern is the welfare of the child in question, and any order made will be based upon what the court considers to be in the child’s best interests. Some of the factors the court will consider are the wishes and feelings of the child (dependent upon their age and understanding), their physical, emotional, and educational needs, the likely effect of any change of school upon them, their age, sex and background – and any harm that the child may be exposed to.
Given that the requirements are met (so the school is in your catchment area or is a school offered to your child by the Local Authority) for more than one school, the Court will decide which school your child should attend. Please note the Court cannot order a school to give your child a place.
The Court will look at why you want your child to go to the school of your choice, as well as information about the school including the Ofsted rating, how close the school is to where the child lives, what other attachments the child has to that particular school (such as friends, siblings, cousins that already attend the school or will be attending). Once the Court has decided on the school, the application can then be made for a place at that school. Your child must attend the school ordered unless both parents agree on an alternative or the Court makes a further Order.
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