How family law issues can impact schools

Navigating interactions with separated families requires sensitivity and awareness of legal guidelines to ensure the well-being of pupils and maintain positive relationships with all parents and carers.

Understanding legal rights and responsibilities

In England and Wales, parents retain ‘parental responsibility’ post-separation. In family law, under section 3 of the Children Act 1989, parental responsibility means all the rights, duties, powers, responsibilities and authority that a parent has in relation to the child.

A person with parental responsibility can make decisions about the child’s upbringing and is entitled to information about the child. For example, they can give consent to their medical treatment and make decisions about their education including school changes, and changes of name. They are entitled to receive school reports, attend parent-teacher meetings, and be informed about school events.

It’s essential to ensure that both parents have equal access to this information unless legal restrictions, such as court orders, dictate otherwise – however, the amount of time the child spends with a parent does not impact their parental responsibility. Court orders under section 8 of the Children Act 1989, often referred to as Child Arrangement Orders, settle areas of dispute in relation to the exercise of parental responsibility or a child’s care or upbringing, and can limit how an individual exercises their parental responsibility.

These orders are usually confidential, but it may be helpful to the school to seek permission to see the terms of an order to understand the arrangements for collecting a child from school, limitations on a parent’s parental responsibility and other arrangements that impact the child’s school-life.

Effective communication strategies

Maintaining open and impartial communication is important. Ensure that both parents receive identical information at the same time to prevent misunderstandings or perceptions of bias. Additionally, consider offering separate parent-teacher meetings if tensions between parents could impact the discussion.

Confidentiality and sensitivity

Handle all information with the utmost confidentiality. Be mindful of the child’s feelings and the potential impact of discussions about family situations. Encourage a supportive environment where the student feels safe, and reassure them that their personal circumstances will be treated with respect and discretion.

Maintaining professional boundaries

It’s crucial to remain neutral and avoid involvement in any conflicts between parents. The welfare of the child must be a school’s paramount consideration. If a parent raises a concern and you are unsure how to act, seek legal advice to ensure that the parent’s rights and responsibilities are not infringed, and the school’s actions are compliant with education law.