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Insights // 15 August 2022

Can I Change My Child’s School? Parental Responsibility Explained

Associate solicitor Rebecca Ledgerwood, in our Family Law team, explains.

A parent can only change their child’s school if they have first obtained the consent of all others who also hold Parental Responsibility for the child. Decisions affecting a child’s education should be made in consultation with all those who hold parental responsibility for a child. It is important, therefore,  to try and reach agreement between parents or others holding parental responsibility for a child, before a decision is made. This can help to avoid disputes.

What is Parental Responsibility?

Parental Responsibility is defined in the Children Act 1989 section 3(1) as:

“all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.”

Who has Parental Responsibility for a child?

Individuals with Parental Responsibility include:

  • Mothers who have given birth to the child
  • Any other parent who is married to the birth mother
  • Any other parent who is detailed on the child’s birth certificate providing that the birth was registered on or after 1 December 2003
  • Any parent who enters into a parental responsibility agreement with the mother
  • Any person who is named in a Child Arrangements Order as a person with whom the child is to live
  • A person who has obtained a court order granting them parental responsibility

What if the other holders of Parental Responsibility do not agree on choice of school?

If an agreement cannot be reached about issues such as schooling there are various resolution methods including negotiations, mediation and arbitration.

As a last resort an application can be made to the Court inviting them to make a Specific Issue Order (SIO). A SIO is a type of Child Arrangements Order (CAO) in which the Court makes a decision about an isolated issue, i.e. the school which a child should attend. An issue about schooling can also form part of a general application for a Child Arrangements Order, if there are other issues in dispute.

In considering an application made in relation to a child, the Court will have regard to a series of factors set out in statute and commonly referred to as the ‘Welfare Checklist’; with the child’s welfare being the court’s paramount consideration.

Our specialist Family Law team can advise on the above and related matters.

For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.

This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.

Rebecca Ledgerwood

Rebecca Ledgerwood

Associate Solicitor, Family Law

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