The end of October marks the deadline for secondary school applications, with primary school applications having a typical deadline of mid-January. School applications can be challenging for any family, however for separated or complex families, the process can become even more difficult when they can't agree on which school their child should attend.

So, what happens when a decision can’t be reached?

Every person with parental responsibility for a child has the legal right to be involved in decisions about that child’s education. It is usual for the biological parents of a child to have parental responsibility, but this is not always the case. It is also possible to acquire parental responsibility, for example by entering into a formal agreement with the biological mother. For those unsure on whether they have parental responsibility for a child, early advice is essential. 

The next, and most important step, is open communication. This usually takes place directly between all those with parental responsibility in the first instance, with the child’s wellbeing being at the heart of the discussion.

If discussions don’t lead to an agreement then mediation is often the next step. Mediation provides a neutral space to express opposing views and work toward a mutual decision that prioritises the child’s best interests. Other alternatives, such as arbitration, may also be considered. 

When all other avenues have been exhausted, the court process can be used via an application for a Specific Issue Order. This order asks the court to determine which school the child should attend. The court will base its decision on the child’s welfare, considering factors such as:

• The child’s individual needs and best interests;
• The child’s wishes and feelings (depending on the age of the child); and
• The quality, facilities, and opportunities offered by the schools in question. 

Although less common, in some cases, a Prohibited Steps Order may be appropriate. This order can prevent someone with parental responsibility from making unilateral decisions, such as moving the child to a different school without agreement.

The prospect of agreeing which school your child should attend can be daunting; however, it is important to remember that there are several routes to explore should a disagreement arise and the family team at Stevens & Bolton can support you through each step of the process.