Choosing a school after separation – What if parents disagree?

With another school year starting, for some parents it marks the start of having to think about school applications for their children. Education plays a vital role in shaping a child’s future and understandably parents want to make sure they make the right decision and that it reflects what is best for their child’s welfare.

When parents separate, one of the most important and sometimes contentious decisions they face is choosing the right school for their child. But what happens when parents cannot agree?

Who has the right to decide on schooling?

If both parents have parental responsibility, they are expected to make key decisions about their child’s upbringing together. This includes decisions about education, including which school the child should attend.

If parents share parental responsibility then neither can have the final say on such a decision and they must both agree. If they cannot agree between themselves, they should try and resolve the issue through alternate means – one such option is to attend mediation. Mediation is a voluntary form of non-court dispute resolution (‘NCDR’) whereby parents can meet with an impartial third party, known as a mediator, who works with them to resolve the issue in dispute. The process is confidential and aims to help parties reach mutually agreed decisions without the need to involve the family court.

Litigation should always be a last resort and attempting NCDR can save time, cost, and emotional stress. However, if the disagreement cannot be resolved informally or through NCDR, the family court may need to step in.

What is a Specific Issue Order?

Under section 8 of the Children Act 1989, either parent can apply for a Specific Issue Order (“SIO”). A SIO is designed to resolve a particular question about a child’s upbringing which, in this instance, would be the choice of school.

For example, disputes can often arise when:

• One parent wants the child to attend a private school while the other prefers a local state school.
• Parents disagree over whether their child should move schools after relocation.
• One parent wants a school with a particular religious ethos, while the other prefers a non-faith school.

How does the court decide?

The court’s paramount concern is always the welfare of the child. When making its decision, the court must consider the welfare checklist set out in the Children Act 1989, which includes:

• The child’s wishes and feelings (depending on age and maturity)
• The child’s physical, emotional, and educational needs
• The likely effect of any change in circumstances
• Any harm the child has suffered or is at risk of suffering
• The capability of each parent to meet the child’s needs

Practical factors such as location, cost, travel time, academic support, and pastoral care will also be carefully considered against what is best for the child. The court will not be swayed by what is most convenient or preferable for the parents but instead what is in the child’s best interests.

Key considerations

When parents cannot agree on which school their child should attend, and attempts at NCDR break down, a SIO provides parents with a legal route to resolution. The court will always prioritise the child’s welfare above anything else.

If you are facing a dispute about school choice and want to understand your legal position, our family team is here to help. It is always advisable to seek legal advice to understand your position before, during, and after attempting NCDR. As family lawyers, we regularly work alongside experienced local mediators to help clients navigate the process as smoothly as possible. While mediators remain entirely independent and impartial, our familiarity with their approaches allows us to guide clients in preparing for mediation and making the most of the process, ensuring you feel supported and informed every step of the way.

How we can help

Our experienced family law team can help guide you through disagreements about school choice, explain your legal options, and support you with mediation or a Specific Issue Order, always keeping your child’s best interests at the heart of the process.