Learn from lawyers when it comes to sorting sticky school disputes

With schools now back following the October break, parents up and down the country will be in the thick of navigating arrangements around schooling.

Mediation is often an effective way to resolve disputes around your child's education, says Brittany Thomas

But what happens when parents separate? Who decides which school a child should attend, who should attend parents’ evening, or whether or not a child should receive additional support?

These are common questions asked of family lawyers, and in Scotland these issues are largely governed by the Children (Scotland) Act 1995 which outlines parents’ responsibility to provide their child with an education suited to their age, ability and aptitude.

In practice, this means deciding which school the child should attend, engaging with school teachers, supporting the child with learning both at school and at home, and making decisions around any necessary support needs.

Where both parents have parental rights and responsibilities, these important educational decisions should be made together – even if the child primarily resides with just one parent.

However, there can often be disagreement between the two parents making the decisions.

Such disagreements might include: whether a child should move school after one parent relocates; whether to pursue a placement request for a particular school; decisions around faith-based schools versus non-denominational schools; decisions about support plans, specialist placements or therapies; and day-to-day discussions around who attends parents’ evenings, school trips, or receives school reports.

Schools should engage with everyone who holds parental rights and responsibilities, unless there is a court order restricting that. That means both parents should be able to receive reports, be invited to parents’ evenings and communicate with teachers.

Therefore, if you hold parental rights and responsibilities and are not being included in this way, it is important to remind the school of the legal status which you hold.

The good news is that when it comes to resolution, there are options available.

Solicitors can help resolve many disputes through negotiation, which may be in the form of letters or even meetings between all parties and their respective solicitors.

Another route is family mediation, which can often help parents find common ground. Our firm has experienced mediators who regularly assist parents in this way.

Court is also an option, but usually a last resort as it’s a very expensive route to go down and can be very polarising for those parties involved.

Under Scots law, a parent can apply to their local Sheriff Court for a Specific Issue Order where they want something particular to be ordered to happen by the court. The courts will then make a determination on whether or not it is in the best interests of the child – they will not make a determination based on the parents’ wishes.

Family solicitors are acutely aware that educational decisions are some of the most important choices a parent will make. While separation does not change that, the parents may hold different views and that is where problems can often arise.

Despite this, both parents have an equal say.

Keeping communication open, seeking legal advice early on and focusing on the child’s best interests should lead to the best possible outcome for all involved.

If you are separated and facing difficulties around your child’s education, family lawyers can help to provide clear advice and representation tailored to your situation and advise what’s best for you and your family.

Brittany Thomas is a family and child law solicitor, Wright, Johnston & Mackenzie LLP