School applications: what happens when parents can’t agree?

Sending your child to school for the first time can be exciting, and deciding which school can be one of the biggest decisions you make as a family.

From location to Ofsted ratings and even your child’s preferences, there’s a lot to consider when deciding on the best school for your child, so it’s no surprise that disagreements can quickly arise between separated parents.

With more separated parents turning to the family court each year, school applications are one area where disagreements can end up needing a decision from a judge.

In this blog, our child law solicitors explain what happens when co-parents can’t agree on which school their child should go to and how to avoid court involvement.

This blog was originally published in September 2022 and updated in November 2026 with new statistics.

Who decides which school our child attends?

Technically, whoever has parental responsibility can decide which school their child should attend. In most cases, both parents will have parental responsibility.

Parental responsibility relates to who has the rights and responsibilities to make decisions about a child’s care. This includes day-to-day decisions about the child’s upbringing, including education.

It is also possible to have parental responsibility without being a legal parent. For example, you may care for a child born to a family member under a Special Guardianship Order or Child Arrangements Order. This would grant you parental responsibility alongside their birth parents. Alternatively, a step-parent can be granted parental responsibility alongside the legal parents in certain circumstances.

If both separated parents have parental responsibility and can’t reach a joint decision, there are various options available.

What happens if parents can’t agree on a school?

Decisions about a child’s school and education must be made by all those with parental responsibility. If parents disagree on which school to send their child to, some local authorities will pause the application until they reach an agreement or obtain a court order.

If coparents cannot find a way forward between them, there are various routes that parents can take, from mediation to negotiation and court proceedings as a last resort.

Mediation

As with any disagreement or dispute, the best place to start is mediation. Mediation is a form of Non-Court Dispute Resolution (NCDR) and is an informal process in which both parents meet face-to-face or remotely to discuss the issue with a trained mediator. The mediator facilitates the conversation and attempts to help both parties agree.

It may be that once both parents have had the opportunity to voice their concerns in an appropriate environment, they are better placed to agree on what is best for their child.

If court involvement becomes necessary, both parties must have tried to reach an agreement between themselves in a Mediation Information and Assessment Meeting (MIAM). The court will want to see a MIAM certificate before acknowledging a court application.

Legal advice

If an agreement cannot be reached, it could be helpful to speak to a family solicitor who specialises in child law about your concerns and the next steps. They will set out your concerns and proposals to the other parent or their solicitor, which will start the negotiation process. It may be that an agreement can’t be reached straight away. However, having an experienced child law solicitor at your side means you are more likely to reach an agreement sooner rather than later.

Court proceedings

If legal advice alone doesn’t resolve the matter, an application could be issued to the court to deal with the school application as a specific issue (via a Specific Issue Order). The court’s paramount concern is the child’s welfare and what is in that particular child’s best interests. Several factors will be taken into account, such as where the child lives or any additional needs they may have.

You would not be alone in going down this route. The number of private law children cases started in the family court rose by 11% between April and June 2026 compared with the same period the year before, showing how many separated parents are struggling to agree on decisions about their children.

Asking the court to decide which school your child should attend is a decision you shouldn’t take lightly. It also takes time. Private children cases took 33 weeks on average to conclude in April to June 2026, and just under half took longer than six months.

Even mentioning court action can heighten emotions and add to the conflict. Our specialist child law solicitors will always endeavour to help co-parents reach an agreement amicably and outside of court where possible.

What is a Specific Issue Order?

A Specific Issue Order is a legal order under Section 8 of the Children Act 1989. Family courts use it to resolve a single, specific disagreement about a child’s upbringing when those with parental responsibility can’t agree.

Common issues covered within a Specific Issue Order include:

• School choices
• Medical treatment
• Relocation
• Name changes
• Religious upbringing

Before you can apply for a Specific Issue Order, you need to be able to show that you have attended mediation. The judge makes a decision based on the child’s best interests, so it’s important not to assume the judge will agree with your choice just because you believe it’s best.

My child is being sent to a school without my consent. What can I do?

If your child is being sent to a school without your consent, you should contact us urgently so that we can discuss your circumstances and advise you on the options available to you.

If the court has made a Specific Issue Order regarding school and the other parent has failed to abide by its terms, they could be subject to a court-imposed fine or an enforcement order.

Contact our child law solicitors today

If you are struggling to agree with your ex-partner on your child’s education, or your child has been taken to a school against your wishes, we can help.

Call our child law solicitors on 0117 325 2929 or complete our online enquiry form.