Separating or separated parents have a lot to think about when it comes to school applications. Starting your homework early gives you the best chance of securing the right outcome.
For all parents, making primary or secondary school applications for their children can be an extremely stressful experience. A great deal of research has to go into the nomination of school choices as there are a number of factors to consider - namely the number of available places, distance from the school, places allocated to siblings, priority to children with special needs or religious beliefs. The decision-making process is much harder for those parents who are in the process of separating or who are separated.
For parents who are in the process of separating, early consideration needs to be given to where the child of the family will be living at the time the school application is made. Where a child lives is the critical factor under the “distance rule” and assessing the merits of a school application. If an application is made from a family home address but it is sold before a school place is allocated or an appeal is needed, the overall application could be jeopardised.
Furthermore, if an application to a school is successful and the parents then separate, parents then have to consider the logistics in undertaking the school runs from their new homes (in addition to potentially juggling the demands of getting to and from work).
For parents who are already separated, they are still required to agree the nominations for school applications as they share parental responsibility for their children. However once parties do separate, whilst they will have a shared interest to secure the best school for their child, they may have competing interests when considering faith-based schools, school runs and travel arrangements to work.
Agreeing school nominations
The key to agreeing a school application is to do your research early on and, if matters cannot be agreed then applications may have to be made to the court. However, any court application would have to be made well before Local Education Authority deadlines. Remember that you are much less likely to get your preferred school if you apply late.
If parents cannot agree school choices
Ideally if it is possible parents should have an open conversation setting out their preferences on schools, why they are in the child’s best interests and also the chances of a place being secured (past allocation results may have to be considered). Absent an agreement following discussions or, if this is not possible, mediation may have to be explored. If mediation still cannot lead to an agreed approach, then consideration would have to be given to an application for a Specific Issue Order where the court will consider the merits of each parent’s position.
If the court has to consider an application there will be an assessment of the child’s wishes and feelings as well as their physical, emotional, and educational needs.
As school application deadlines are strictly applied, it is very important to consider starting discussions sooner rather than later. Where an application to the court is needed in order to reach a decision, it should be done at an early stage so it can be determined before a deadline.
In circumstances where there are time pressures and it is unlikely that the court can determine an application ahead of a deadline, there are alternative forms of dispute resolution that can assist, such as an early evaluation analysis or binding arbitration.
The key message on school applications is to do your homework early and seek professional advice if there is a dispute.
For help and advice on this topic or related issues, please do not hesitate to contact Kiran Beeharry on 01727 798047 or email kiran.beeharry@salaw.com.
