Changing a child’s school can be a significant decision, especially when parents are separated or divorced. The process involves several legal considerations to ensure that the child’s best interests are prioritised with minimal disruption to their education.

Parental Responsibility and Agreement

In the UK, both parents with parental responsibility must agree on significant decisions affecting their child’s education, including changing schools. If both parents agree, the process is straightforward, and the child can be enrolled in the new school without legal intervention.

However, if there is a disagreement, the parent wishing to change the school may need to apply to court for a Judge to make a decision. This means applying for a Specific Issue Order from the Family Court.

Specific Issue Order

A Specific Issue Order is an Order used to resolve disputes between parents regarding specific aspects of their child’s upbringing, such as education. When applying for this order, the court will consider several factors to determine whether changing the child’s school is in their best interests:

  • Reasons for the Change: The court will evaluate why one parent wants to change the school and why the other parent opposes it.

  • Child’s Welfare: The child’s welfare is the court’s primary concern. The court will apply the welfare test, considering the child’s needs and the potential impact of the change.

  • Evidence and Research: The court will review evidence from both the current and proposed new schools, including letters and reports, to assess the suitability of the new school.

  • Efforts to Resolve Dispute: The court will consider the steps taken by the parents to resolve the dispute before seeking legal intervention.

The application process for a Specific Issue Order can take several months, so it is crucial to start early to avoid disrupting the child’s education.

Prohibited Steps Order

In some cases, a parent may seek a Prohibited Steps Order to prevent the other parent from making unilateral decisions about the child’s school. This order can be used to stop a parent from enrolling the child in a new school without mutual consent.

Requirement for Mediation

Before applying to the court for a Specific Issue Order or Prohibited Steps Order, parents are generally required to attend mediation. Mediation involves a neutral third party who helps parents communicate effectively and reach practical solutions that work for everyone, especially the child. This step is crucial as it encourages parents to resolve their disputes amicably without the need for court intervention. Mediation will not be required where there has been domestic violence within the relationship.

Best Interests of the Child

The court’s primary consideration in any decision regarding a child’s education is the child’s best interests. This principle ensures that the child’s welfare is prioritised over the parents’ preferences. The court will carefully weigh all factors and evidence to make a decision that supports the child’s overall wellbeing.

Changing a child’s school involves careful consideration and, in cases of disagreement, legal intervention. Parents should work together to make decisions that prioritise their child’s best interests. When a decision cannot be reached then it is a good idea to contact a solicitor regarding obtaining legal advice.

Farleys’ family law specialists are on hand to advise parents in relation to child law matters. To contact our experts, please call 0845 287 0939, get in touch by email, or use the online contact form below.