LEGAL EAGLE: Advice on what to do when parents disagree on the choice of school for their child

By Andrew Freckleton
Published 9th May 2023, 08:00 BST
The top 10 best high schools in Liverpool according to GCSE Progress 8 scores. Image: Monkey Business ImagesThe top 10 best high schools in Liverpool according to GCSE Progress 8 scores. Image: Monkey Business Images
The top 10 best high schools in Liverpool according to GCSE Progress 8 scores. Image: Monkey Business Images
My son is starting secondary school in September and his father and I cannot agree which school he should go to. What can I do?

The answer to this depends on whether your son’s father has Parental Responsibility (PR). His father will have PR if he is on the birth certificate, you were married to him when your son was born or he has an order from the court giving him PR. If he does not have PR you can decide where your son goes to school without him agreeing. In such circumstances it would be up to your son’s father to apply to the court for PR and a Prohibited Steps Order if he wished to challenge your decision regarding which school your son goes to.

If your son’s father does have PR then you will need to either come to an agreement regarding which school your son should attend or you will need to make an application to the court for them to decide. When decisions are made regarding a child, if this is an important decision in their life, then everyone with PR needs to be consulted. If an agreement cannot be reached then an application for a Specific Issues Order needs to be made to the court through a C100 form.

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This needs to set out what the disagreement is, what you are asking the court to decide and why you are asking for this. When you are explaining why you need to explain specifically why it is in your son’s best interests to attend the school of your choice. Your son’s father will be given the opportunity to explain to the court why he feels that his choice is better for your son.

The Court may require you to attend mediation, this will be dependent on the situation and the urgency of the application. It is always best to attempt mediation before applying to court if possible. Legal Aid is more widely available for mediation than in pursuing court proceedings and therefore is worth looking into.

The first stage in pursuing Mediation is for you to attend a Mediation Information Meeting where the mediator will tell you whether this matter is appropriate for mediation.

If the above situation sounds similar to yours or you have another family matter you would like advice on please do not hesitate to get in touch with Ben Hoare Bell LLP on 0191 565 3112 or email [email protected]. Visit www.benhoarebell.co.uk for further information.