When parents separate, decisions about education can become a source of tension, especially if they disagree on where their children should attend school. The COVID-19 pandemic highlighted the vital importance of school environments—offering routine, social interaction, and stability for children. For many families, renewed focus on their child’s educational setting leads to discussions about changing schools or selecting the right secondary school. Below, we explore how the law and family solicitors can help when separated parents cannot agree on school choice.

Points to Consider

1. A Standalone Issue

Even if you are not the primary carer, the question of schooling is a separate issue that requires mutual consent or a legal remedy. A non-resident parent with parental responsibility also has the right and duty to be involved in any major educational decisions for their child.

2. Parental Responsibility

If you hold parental responsibility, you share the responsibility and obligation for deciding how your children will be educated. Regardless of your living or contact arrangements, you have a voice in choosing a new school.

3. Child’s Best Interests

Ultimately, any decisions about education should prioritise the child’s welfare. This remains the guiding principle for the courts if formal proceedings become necessary.

The Process

1. Discuss Concerns
   The first step is to communicate openly with the other parent (or anyone else who has parental responsibility). You might discover areas of common ground—perhaps both of you are concerned about class sizes or want a more specialised programme.

2. Consider Professional Support
   If conversations stall, mediation can help you explore options calmly and objectively. A mediator or solicitor can guide discussions about possible new schools and issues with the current one.

3. Applying to the Court
   If you cannot agree, you may need to apply for a Specific Issue Order (SIO). The family court will weigh each parent’s viewpoint and decide where the children should go to school. If you are not a parent but have parental responsibility or are named in a Child Arrangements Order, you can still apply—though checking with a lawyer is wise if you’re unsure of your status.

Considerations for Separated Parents Choosing Schools

When asked to rule on educational arrangements, the court refers to the welfare checklist in Section 1(3) of the Children Act 1989. Its main focus is whether changing schools genuinely serves the child’s best interests. Key considerations include:

• Wishes and Feelings of the Child
  (in light of their age and understanding)

• Physical, Emotional, and Educational Needs
  (does the new school provide better support or opportunities?)

• Likely Effect of the Change
  (how will a new environment impact the child’s wellbeing and friendships?)

• Age, Sex, and Background
  (cultural, religious, or other personal factors)

• Risk of Harm
  (is the child safe, and does the new environment pose any threats?)

Practicalities

Parents (and courts) also look at practical factors, such as:

• Travel Logistics: Is the commute manageable for both parents’ schedules?
• Academic Credentials: Does the proposed school offer the right curriculum or specialisms?
• Pastoral Support: Does the school meet any additional learning or emotional needs?
• Financial Considerations: If there are fees, who pays them? Is there funding available?

How HM & Co. Solicitors Can Help

At HM & Co. Solicitors, we regularly work with parents facing disputes over schooling choices. Our specialist family solicitors can:

• Offer Mediation Support: We strive to help you settle educational decisions amicably if possible.
• Advise on Specific Issue Orders: Where mediation fails, we guide you through the court application process.
• Represent Your Child’s Best Interests: We ensure the courts understand your concerns and your child’s needs, helping to reach a balanced decision.

Contact Us
If you need help navigating these decisions—whether you’re considering a new school, resisting an unwanted change, or unsure how to proceed—get in touch with HM & Co. Solicitors for tailored advice.

HM & Co. Solicitors
186 Lower Road, Surrey Quays
London SE16 2UN

Telephone: 02071128180
Email: info@hmsolicitorsltd.com

By focusing on the child’s welfare, communication, and sensible solutions, we aim to ensure your children thrive academically and emotionally—no matter the complexities of separation.