Legal Guidance on Parental Disputes

Guidance on parental disputes as it relates to school admissions can be found here.

When Parents Disagree 

Parental Preference 

Under the School Admissions Code and School Standards and Framework Act 1998 parents can submit parental preferences for school places for their children. Section 576 of Education Act 1996 defines “parent” as including any person” (a) who is not a parent of his but who has parental responsibility for him, or (b) who has care of him …”. Where parents are either separated or do not live together but still have joint parental responsibility for a child, both parents are entitled to express a school preference for their child.

However, the School Admissions Code does not permit admissions authorities, or bodies administering admissions on behalf of an admissions authority, to require both parents to sign or submit a main round or mid-year application before it can be processed.  

Unless there is a court order restricting educational decision-making or requiring the consent of both parents, an application submitted by one person with parental responsibility can be processed in accordance with the School Admissions Code. Where disputes come to light after a school place has been allocated, the Council will take no further action.

Mid-Year Transfer Applications

Where a parental dispute comes to light before a school place has been allocated following a mid-year application to transfer a child to a new school, the Council will:

  • Refer the application to the relevant admissions authority, notifying them of the parental dispute;
  • Notify both parents that the dispute has come to light and that they are required to resolve matters between themselves and that the application has been sent to the relevant admissions authority.

The Council is unable to resolve or take sides in disputes between two parents or carers, both of whom have parental responsibility for a child. Instead, parents are required to resolve matters between themselves, and, where this is not possible, may need to seek a resolution through the family court. 

Main Round Admissions Applications

The initial application pack for Main Round Admissions (Nursery to Primary Reception & Primary Education to Secondary) with information about how to apply will be sent to the address provided by the child's current education base.

Any other person with parental responsibility for the child who does not live at the same address as the child, but who wishes to make an application for a school place for the child, should contact the School Admissions Team on 01642 837740.

Where more than one application is received and parents disagree on school preference, the admissions section will advise parents and ask them to make an agreed decision. 

The Council is unable to resolve or take sides in disputes between two parents or carers, both of whom have parental responsibility for a child. Instead, parents are required to resolve matters between themselves, and, where this is not possible, may need to seek a resolution through the family court. 

The application will not be processed until both parents have provided evidence of agreement or a court order specifying the preferred school.

In some cases, the Local Authority administers school admissions on behalf of other admissions authorities such as Multi-Academy Trusts. In those cases, the Council will also notify parental disputes to the relevant admissions authority. 

If you have any questions regarding your child’s admission, you can contact the school admissions team by emailing SchoolsAdmissions@redcar-cleveland.gov.uk

You can also contact the team by calling 01642 837740. Phone lines are open Monday to Friday between 10am and 2pm.