What happens when separated parents can’t agree on a school?
19th November, 2025
Autumn is a time where parents across the country are evaluating which school is the best fit for the next stage of their child's life. It is already one of the most significant decisions a parent can make for their child, but when parents are separated, agreeing on a school can be particularly challenging.
If one parent wants their child to attend one school and the other disagrees, the law provides a framework for resolving the dispute.
What is parental responsibility?
Parental responsibility is defined as all the rights, duties, powers, responsibilities and authority that a parent has in relation to their child and their child’s property. In practice, this means that a parent with parental responsibility has the right to be involved in making key decisions about a child’s upbringing, including decisions about education.
A child’s mother will automatically have parental responsibility from birth. A father will usually have parental responsibility if he is either married to the child’s mother or named on the birth certificate. Parental responsibility can also be acquired through a parental responsibility agreement or by a parental responsibility order from the court.
Parental responsibility gives parents the ability to obtain educational information about their child, attend parents’ evenings, and be consulted about important issues such as school choice, exclusions, or special educational needs.
What if parents cannot agree on a school?
In the absence of all those with parental responsibility agreeing on a school for their child, the dispute can only be resolved through the court making an order when determining the issue. The legal mechanism for this is known as a specific issue order.
What is a Specific Issue Order?
An application for a specific issue order is made under the Children Act 1989. This order determines a specific issue which has arisen, or may arise, in connection with any aspect of parental responsibility.
In deciding whether to grant a Specific Issue Order, the court’s paramount consideration is always the welfare of the child. This includes considering the wishes and feelings of the child, taking into account their age and level of understanding, as well as their physical, emotional and educational needs.
The court will also assess the likely effect of any change in the child’s circumstances, the child’s age, sex and background, any harm the child has suffered or may be at risk of suffering, and the ability of each parent to meet the child’s needs.
How the court determines the school choice dispute
The court does not limit its decision purely to which school performs better from an academic perspective, instead looking at the bigger picture of what is in the child’s best interests.
This might include whether the child has expressed a clear preference, whether they would have a support network to include friends at a particular school, and whether the practical arrangements such as travel are manageable for the family.
The court will also look at the impact any choice of school has on the existing family dynamic, such as maintaining regular contact with a sibling or the current child arrangements between the parents.
Ultimately, the focus is on ensuring the child’s welfare and that they experience stability and consistency in their education and wider life.
Practical steps for parents
Although the court can provide a resolution, parents are encouraged to resolve matters themselves wherever possible. Open communication is essential here, but when this proves difficult, other forms of non-court dispute resolution can provide a constructive way of working through the issues.
Approaching the issue from the perspective of the child’s needs, rather than the parents’ own wishes, is a key factor in reducing conflict and reaching the best possible outcome for the child. Resorting to court proceedings should generally be seen as a last step, given the emotional and financial burden this can bring to an already difficult situation.
For parents navigating this, obtaining clear legal advice at an early stage can make the process less stressful and lead to a resolution.
If you’d like to find out more about how Ward Hadaway can help resolve family disputes, please get in touch.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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