Children spend most of their time at school during the week, and when there are issues at home, the school often becomes involved. The importance of the school’s role cannot be overestimated, and it is essential to understand its position in the context of family law and orders concerning the children in their care.
Children spend most of their time at school during the week, and when there are issues at home, the school often becomes involved. The importance of the school’s role cannot be overestimated, and it is essential to understand its position in the context of family law and orders concerning the children in their care.
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This can all be very simple when the parents are in a stable relationship and engage with the school with no issues. But problems can start when parents are not getting along and have decided to separate. If the parents are involved in court proceedings, the school might ask to see a copy of the court order to help them understand the child arrangements that have been put in place. They will also need to know about any requirements the order may pose on them, particularly in terms of handovers on school premises. It is important to remember that parents may need the court’s permission to share the court order, and depending on the order itself, certain terms may need to be redacted if they are not relevant to the school.
Does the school have to share my child’s school report with the other parent?
In terms of sharing information, the school has a duty under the Education (Pupil Information) (England) Regulations 2005 to provide documents and copies of a child’s education record to the parents upon request. So if one parent asks for this not to be done, the school may not be able to comply with the request because they would be in breach of their obligations under education law.
If the other parent directly requests the child’s information from the school, after the school confirms they are in fact the parent, they can share the information and do not need the other parent’s permission, a letter from a solicitor or a court order. In addition, there are also certain GDPR rules that apply which the school needs to consider when information is shared. Any information shared should be redacted to protect each parent’s respective personal data to ensure things such as their address or contact number are not disclosed.
Can the school refuse to allow my child’s other parent from collecting them?
A schools fundamental objective is to protect the welfare of the children within their care. If there is a court order in place that specifically directs a parent is prevented from collecting the child from school, or for school information not to be shared because of child safety concerns, then the school’s obligation is to follow that order.
If the school subsequently believes the conflict between the parents puts the child at risk of harm, such as repeated altercations at the school gate, they have the power to make a referral to children’s social services. The headteacher of other school representative can be asked to disclose their school file or provide a statement in court, if they were involved.
Can I send my child on a school residential trip without my ex’s permission?
Imagine the scenario: your child is super excited to be going for a weekend away with their friends. You’ve given permission for them to go, but when your ex finds out, they ring the school in frustration which threatens their trip. What happens then?
For excursions outside the UK, both parents, where they have parental responsibility, need to provide written consent. Failure to do so runs the risk of breaching the Child Abduction Act 1984. If a child arrangements order is in place and the parent the child lives with is named, only that person’s consent is necessary. However, it is standard practice within schools to share any information or decisions with both parties.
For trips within the UK or local visits, the rules are less strict, and one parent’s permission tends to be accepted. However, in the absence of a court order to the contrary, most school policy is to keep both parents informed.
Can the school provide me with support during the divorce?
When there are pupils with divorced or separating parents who are not seeing eye to eye but are still both involved with their child’s education, the school can be at risk of becoming a battleground. Not only does this create welfare concerns for the child in question, but disregards other children’s safety, and their parent’s, too. Parent’s may use the school and its staff as a way of contacting or disputing the other party, with some seeing it as a way to unload their experiences with their ex onto their child’s teachers, looking for ways to bring the school “on side”. But it is extremely important to remember that if there are ongoing private family proceedings, if parents divulge confidential information without first obtaining the court’s permission, they may be held in contempt of court. This is an extremely serious offence, which can attract fines, or in rare circumstances, a term of imprisonment.
Does the school have to agree my change of name request for my child?
Any changes or requests to the school must be made with both parents consent, and this includes changing your child’s surname. All parties holding parental responsibility must provide consent to any change of name, without which the school cannot legally comply.
There are occasions when a change may be facilitated, such as asking the school to refer to the child by a “known as” surname instead. What happens in this instance, is that the child goes by, or is known as, their changed name, but legally retains the original surname they were initially registered for a place with. Whilst the child is at primary school, the known as name will probably be used more than their original name. However, at high school, the situation may be reversed, particularly when the child is registered for examinations. Any certificates they obtain will also bear their original surname.
Because schools need to maintain a neutral stance, they are becoming increasingly wary of agreeing to use known as surnames, particularly when the other parent is fully involved with the child. They are more likely to facilitate a change when the other parent is not involved in the child’s life, but this is likely to be scrutinised far more than in the past.
In what circumstances can the headteacher or child’s teacher give evidence in court?
Sometimes, a court may order a headteacher or teacher to provide a witness statement or give evidence as part of a child arrangements case, or over concerns surrounding child welfare. This is one of the rare occasions when a school has a right to be involved.
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