In this blog we discuss difficulties separated parents may encounter when trying to meet their child’s educational needs.
Case Study: Anthony and Bushra have recently separated and share a 6-year-old child, Casey. Casey has learning difficulties which his current school is aware of and is managing this by providing Casey with additional support. Bushra called Anthony last night, telling him she will be moving Casey to a different school that specialises in teaching children with learning difficulties, which she believes will better meet his educational needs. Anthony disagrees and believes Casey’s current school is already meeting Casey’s needs. Anthony wants to know what he can do to resolve the issue of Casey’s schooling and education.
In the UK, everyone with Parental Responsibility (“PR”) must be consulted before any key decision about the child’s life is made. This includes decisions about the child’s education meaning Bushra cannot simply decide alone that she will be changing Casey’s school. Anthony must agree, or she must be given permission to proceed by the Court. Anthony may want to consider trying to speak to Bushra to see if they can come to an agreement about Casey’s school. Alternatively, Anthony could consider mediation. This involves a neutral third-party professional who will assist the parties to resolve the issues.
If the above options do not work, then Anthony will need to make an application to the Court for a Specific Issue Order (“SIO”). This is an application under the Children Act 1989 for the Court to determine issues those with PR cannot resolve themselves. An application for SIO is not just limited to education, it extends to all matters relating to the decisions those with PR can make about the child (i.e. the child’s religion, health, education, changing their surname, etc.). The decision to make an application to the Court should not be taken lightly as this can be a lengthy and costly decision. The Court will make a decision based solely on the best interests of the child and at the end of the process, there will be a legally binding Order of the Court which must be complied with.
If you would like advice on any of the issues raised in this article, please contact Irrum Shah, Solicitor in our Family Law Department on 01295 204154, or by email at ishah@se-solicitors.co.uk
