Decisions in respect of a child’s education are usually taken in the course of a parent exercising their parental right (and responsibility) to direct or guide, the child’s upbringing.
For state education, a child will usually attend the school in their catchment area. Should the parents agree that their child is to attend a school then usually no issues arise. If, however, there is a desire for the child to attend a school which is outside the catchment area then a ‘placing request’ is made to the relevant local authority. An unsuccessful request can be appealed to the Sheriff Court.
With independent education there is of course no role for the local authority. In any dispute between parents in the choice of school it is likely to be resolved with the intervention of the Family Court.
A question often arises as to what happens where children attend an independent school and the parents subsequently separate. Assuming both parents have parental rights and responsibilities, one parent is not able to change a child’s school of their own accord.
Parental separation may compromise the child’s continued attendance at their school. For example, one or both parent(s) may refuse or be unable to meet the ongoing cost of the school fees. In a case decided late last year, affordability of the school fees was a key factor in the decision. In that case an order was made providing that the children in question must attend a state school (having previously been educated in an independent school). There are several other factors the Court can consider when making education decisions for a child.
In Scotland there are two Courts which can make decisions about relating to a child’s education – the Sheriff Court and the Court of Session. Which court is best to determine the issues will depend on the circumstances of each case. Some cases may be more suited to one court than the other.
Decisions relating to education are often best taken in advance. Leaving these to the last minute runs the risk of uncertainty for parents but, more importantly, for the child or children involved.
At Johnson Legal we can assist with a range of issues relating to a child’s education, whether that be an agreement in respect of school fees or applying to court for an order that a child attends your school of choice. For pragmatic advice with a focus on a child-centred outcome, contact us now on 0131 622 8477 for a free initial consultation with one of our solicitors.
