September arrives quickly, and brings with it the familiar scramble of uniform shopping, new timetables, and first-day nerves. For separated parents, it can also raise a sharper set of questions: who decides which school, and how much say does each parent have in what goes on during the year?
This guide covers the legal position on school decisions in England and Wales, from the big choices made before term starts to the smaller ones that come up throughout the year.
Who has a say in school decisions?
The answer depends on parental responsibility, not parenthood alone. Parental responsibility is defined as “all the rights, duties, powers, responsibilities and authority” a parent has in relation to a child, as defined in section 3 of the Children Act 1989. In other words, it is the legal authority to make important decisions about a child’s upbringing.
Birth mothers have parental responsibility automatically. Fathers, and second female or non-binary parents, have it automatically if they were married to or in a civil partnership with the birth mother at the time of the birth, or if they are named on the child’s birth certificate (for births registered after 1 December 2003). Where those criteria are not met, parental responsibility can be acquired by agreement or by court order. The government has published guidance on who has parental responsibility if you want to check the position in your case.
Parental responsibility continues after separation. It is not affected by who the child lives with, or whether there is a child arrangements order in place. Both parents who hold it have an equal say in major decisions about their child’s education.
What school decisions require both parents to agree?
Choosing or changing school requires the agreement of everyone with parental responsibility. One parent cannot unilaterally enrol a child in a new school, or move them from their current one, without the other’s consent. Local authorities will often pause a school application where they become aware of a dispute and will not adjudicate it; that is for the parents to resolve, or the courts if necessary.
Schools are required to treat both parents equally. If you have parental responsibility, you are entitled to receive school reports, attend parents’ evenings, and be included in communications about your child regardless of where they live day to day. A school cannot restrict that access unless a court order says otherwise. If you are being excluded from school communications, raise it with the school, and if that doesn’t resolve it, with the local authority.
Choosing a school for September: what if you can’t agree?
If no decision has been made and September is approaching, start with a direct conversation with the other parent, focused on the child’s needs rather than your own personal decisions. Writing down what you each care about (catchment, Ofsted rating, sibling links) can help move the discussion forward.
If that doesn’t work for you, a solicitor can structure the negotiation or write to the other parent’s solicitor without involving the court. Mediation is also an option, and in most cases attending a Mediation Information and Assessment Meeting (MIAM) is a required step before any court application can be made.
If agreement still cannot be reached, either parent can apply for a Specific Issue Order under section 8 of the Children Act 1989, asking the court to decide which school the child should attend. The decision will be based on the child’s best interests, including factors such as catchment, travel, existing friendships, and educational stability. Courts take school disruption seriously.
Where a school has been agreed but one parent might later act unilaterally, a Specific Issue Order can record that agreement and give it legal weight. If the other parent has already moved the child without consent, a Prohibited Steps Order can be applied for urgently to prevent further action without your consent or an order from the Court. This should be done alongside an application for a Specific Issue Order setting out where you think your child should go to school and why.
If you are seeking a formal legal document, whether that’s a Child Arrangements Order, Specific Issue Order, or Prohibited Steps Order, our family law solicitors can help. We have been consistently recognised as a leading firm nationwide by awarding bodies, and are committed to supporting our clients to put their children first, prioritising approaches that reduce conflict and avoid court wherever possible. Get in touch today for a discounted initial session.
If arrangements are already in place: getting the school year set up
A Child Arrangements Order sets out where a child lives and the time they spend with each parent. It does not automatically answer every practical question that arises during the school year. The following are all sensible to discuss before September and, where possible, put in writing:
- Who handles the school run on which days, and how do handovers work?
- What happens on INSET days? These fall outside the standard term calendar and can catch parents out if the child would normally be in school on those days.
- How will parents’ evenings and school events be managed, particularly where both parents want to attend?
- Who should the school hold as the primary contact, and should both parents’ details be on record?
- What arrangements are in place in the event of an emergency in or out of school?
As a principle, both parents need to be informed and involved in anything significant at their child’s school.
If your arrangements are no longer working, or your child’s circumstances have changed, you can apply to vary a child arrangements order.
Smaller decisions during the school year
Not every school decision requires agreement with the other parent. Day-to-day choices (what your child wears, packed lunch or school dinners, which after-school clubs they attend) are generally made by whichever parent the child is with at the time. Parental responsibility doesn’t have to mean joint sign-off on everything, but there are some things that both parents may want to weigh in on:
Medical consent at school
Schools can act on the consent of one parent with parental responsibility in most circumstances. If the other parent has actively objected and the school is aware of the dispute, they will usually wait for agreement or a court order before proceeding.
In a real emergency, section 3(5) of the Children Act 1989 allows a person who has care of a child (including school staff) to do what is reasonable in the circumstances to safeguard the child’s welfare, such as accompanying them to hospital, without parental consent.
School trips within England and Wales
Schools can generally act on the consent of one parent where only one responds to a consent request. Where both parents have asked to be consulted and they disagree, the school will usually take the cautious route, which may mean the child cannot go. If trips are likely to be a recurring point of conflict, it is best to build a position on them into a broader arrangement.
School trips outside England and Wales
Both parents with parental responsibility must give written consent for trips abroad, because travelling without the required consent risks breaching the Child Abduction Act 1984. Our guide to taking a child abroad after separation covers the legal position in detail, including for family trips and holidays.
Changing the child’s name at school
Formally changing a child’s name requires the consent of everyone with parental responsibility. Asking a school to use an informal or preferred name is a lower-threshold question, but if it is likely to be contentious between parents, it is better resolved directly than left for the school to manage.
Religious education and collective worship
Parents have the right to withdraw a child from RE lessons and collective worship. Where parents disagree on this, legal advice can help identify the available options.
Common questions
Can my ex enrol our child in a new school without telling me?
Where you both have parental responsibility, no, this is not legal. Changing a child’s school is a significant decision that requires everyone with parental responsibility to agree. If this has happened without your knowledge or consent, seek legal advice promptly. A Prohibited Steps Order can halt further action, and a Specific Issue Order can ask the court to decide where the child should go to school. These are both things our experienced children’s law specialists can assist with.
What if parents can’t agree on an EHCP placement?
EHCP disagreements involve both family law and SEND law, and involve different routes to resolution. Where the dispute concerns provision rather than parental consent, the SEND tribunal process may be relevant. The specifics vary by local authority, so the SEND help and support section of GOV.UK is a good place to check what applies in your area. Legal advice from a solicitor with experience in both family and SEND law may also be helpful.
How do divorced parents handle secondary school applications?
If your child is in Year 6 this coming school year, secondary school applications for September 2027 entry open in September 2026, with a national deadline of 31 October 2026.
Both parents with parental responsibility need to agree on the choice, and unresolved disputes risk late applications and a reduced chance of securing your preferred school. If there is any tension around the decision, starting that conversation now gives the most time to resolve it without pressure.
Speak to a children law solicitor
If you have questions about school arrangements, whether you are heading into a new school year without agreement in place or dealing with a dispute that has already escalated, early advice leads to better outcome.
Our children law team supports separated parents at every stage, from initial advice, mediation, and divorce, through to court proceedings and specific orders. All of our solicitors are members of Resolution and are committed to amicable outcomes. Get in touch to arrange an initial consultation, or find out more about our children law services.