School Applications - What To Do If Parents Can’t Agree

Choosing which school to send your child to is an important decision. Often parents visit several schools and conduct research before completing the application. For children starting primary school in September 2025, the national closing date is 15th January 2025. For parents who are separated the decision can sometimes be more difficult - so, what can you do if you disagree which schools to apply for?

In most separated families both parents have parental responsibility for their children. It doesn’t matter who the child lives with or spends the most time with; decisions such as schooling are joint decisions. The starting point is to engage in early discussion with the other parent. As well as the quality of the school itself, different, more practical considerations may factor into the decision-making process, such as whether there are siblings who attend the school or geographical considerations. Start your discussions early because if you cannot agree and need legal intervention it is essential to do this with enough time.

If you do need legal intervention the starting point would be for solicitors to try and negotiate an agreement between the parents. If this isn’t successful, then the parents can attend mediation. Mediation takes place in an informal but confidential setting. A trained mediator will try and assist you in coming to an agreement over which school(s) to apply for. Of course, mediation can be used for many different types of family disputes, such as a financial settlement when you separate or make arrangements for children.

If you cannot agree during the mediation process then the next step is to make an application to the family court for a Specific Issue Order. This is a type of order obtained from the court to determine a particular issue – in this case which school a child should attend.

Applications can be made without legal representation; however, you may prefer to be represented in court. The application form (C100) can be obtained from the Government website or your local court. There is a court fee to pay.

In all cases where an application is made under the Children Act 1989, your application is referred to Cafcass who undertakes some initial safeguarding checks in respect of the child(ren) and then speaks to both parties to understand the issues. Cafcass is the ‘Children and Family Court Advisory and Support Service’. They must safeguard and promote the welfare of children going through the family justice system. Your case will be allocated a Family Court Advisor (FCA). Your FCA will be asked by the court to compile a safeguarding letter. The FCA will undertake basic police checks and contact the relevant local authority to ascertain whether the family is known to the local authority. The FCA will speak to both parents to determine the issues. A letter will be sent by the FCA to the court ready for the first court hearing. The first hearing is the First Hearing Dispute Resolution Appointment (FHDRA). A member of Cafcass will attend the hearing which will either be heard by a District Judge or a Legal Advisor if your case is allocated to the Magistrates’ Court. At the FHDRA the court endeavours to encourage the parties to reach an agreement with the support of Cafcass. However, in applications that cannot be agreed upon at the first hearing, the court will likely require written statements before a further hearing can be conducted. If your application concerns schooling issues only then clearly you need to set out your position with relevant evidence to support your application. These are difficult decisions for a court to make as both parties may have valid positions, but again the court needs to decide what is in the best interests of that child – a question that is generally better answered by the parents!

How Can Forbes Solicitors Help

Our dedicated Family, Divorce and Children Law Solicitors are ready to support you through any legal challenges you may face. With compassion and understanding, we will collaborate to find the best course of action tailored to your family's needs. Let us guide you on this journey – contact us today to start the conversation.