The First-tier Tribunal (FTT) has found that a repayment of Income Tax due to a taxpayer who had died during the relevant tax year formed part of her estate for Inheritance Tax (IHT) purposes. The taxpayer had died on 18 December 2020. Her son, who was...
The decision regarding where a child should go to school can be a difficult task and can be complicated further when co-parents cannot agree on where is best for their child. On occasion, a parent may be tempted to change the child’s school without the consent of the other parent (or even consulting them). A parent may also be tempted to make decisions regarding a child’s education unilaterally.
If both parents have parental responsibility for the child, they are both responsible for making decisions concerning the child, including school choice.
Parents should note that they cannot change a child’s school without the consent of anyone else who holds parental responsibility for that child (usually, but not always, the other parent). If a parent unilaterally changes a child’s school, then the other parent is at liberty to apply to Court to prevent the enrolment or to resolve the issue in general.
Court should be the last resort, and the parents should attempt to exhaust all other options first prior to making an application to Court (such as mediation or solicitor negotiations) to prevent costly legal proceedings and the time they take. If they can, parents should work together. When discussing a change to a child’s school, the parents should discuss how the change in school will impact the child and what the pros and cons to the proposed move are (such as, does the proposed school offer better facilities/opportunities, will the child be leaving friends behind, does the new school impact the current child arrangements in place, have both parents visited the new school).
If the matter is dealt with at Court, it will be either via a specific issue order (i.e. asking the Court to decide which school the child should attend) or a prohibited steps order (if the other parent has made an application to change the school and Court assistance is required to prevent the move until the Court has been able to consider it). When considering either a specific issue or prohibited steps order, the Court will consider what is best for the child alongside a range of factors when reaching a decision. A Court will not necessarily change a child’s school unless there is strong evidence that this will be what is in the best interests of the child.