With the school summer holidays just around the corner, we are receiving an increase in enquiries regarding the rights of parents in relation to their child or children’s schooling. After separation, it is often the case that disagreements take place in relation to a child’s school – where to send the child, how far from home should the school be, different priorities in terms of what parents look for in a school for their child and in Wales, whether that school should be a Welsh medium school.
Even when children have been educated in a certain school for a long time, separation can often lead to parents moving outside of the catchment area or a change in work commitments can mean that it is more practical for a child to move to another school.
The question often raised is who gets to decide where a child goes to school? The answer is that every person with parental responsibility for a child should be involved in that discussion. More here in relation to who has parental responsibility and how to obtain it: https://wendyhopkins.co.uk/parental-responsibility-what-it-covers-and-how-to-obtain-it/
It is expected that a parent with parental responsibility will consult the other parent and try and reach an agreement in relation to a child’s schooling. If they cannot agree, then there are a range of options available, with the very last resort being Court proceedings.
1. Discussion – quite often, an agreement can be reached after discussion. Discussing the reasons why a change is needed, the practicalities and looking at different schools together can quite often lead to an overall agreement.
2. Round-table meetings – some clients feel more confident entering discussions with the assistance of their solicitor. As such, a round-table meeting between the parties and their solicitors can often assist in reaching an overall agreement, in a child best interests.
3. Mediation – if no agreement can be reached through discussions, mediation can offer the opportunity for those with parental responsibility to discuss matters with the assistance of a mediator and come to an agreement in the child’s best interests. Mediation does not always have to be in person, it can be online, with lawyers present, with the children’s voices heard and if those with parental responsibility do not wish to be in the same room, mediators can offer shuttle mediation – more here: https://wendyhopkins.co.uk/family-mediation-week-2026/
4. Arbitration – before Court proceedings, a disagreement in relation to schooling can often be resolved by going to arbitration. The decision made at arbitration will be binding and although there are cost consequences, a decision can be reached quicker than through the Court process.
5. Court proceedings – if an agreement cannot be reached outside of the Court arena, an application for a Specific Issue Order could be made to determine a child’s education. To the contrary, an application for a Prohibited Steps Order could be made to stop there being a change in a child’s education. It is likely that the Court will ask Cafcass to undertake some background work with the parties and with the child or children involved and put forward recommendations to the Court. Thereafter, if no agreement can be reached, it will be for a Judge to decide.
If you are entering these school holidays with a question mark over your child’s education, please contact us for further advice. It is always worth ensuring early advice before the school gates close for the summer holidays, especially if you are looking at a change in September.
T: 029 2034 2233
E: Enquiries@wendyhopkins.co.uk
Author: Fay Jones
Published: 14.05.26