Disputes over children returning to school or nursery

We at Mediation Solutions UK recognise that the last few months have been testing for many separated parents who have been co-parenting throughout the pandemic – with home schooling and juggling work and child care commitments between two households. No doubt, these circumstances will have brought additional strains and challenges.

What should you do if you cannot agree about your child’s return to school or nursery?

Communication is key and the first step is to try and discuss concerns with the other parent with a view to reach a practical solution, taking into account the child’s welfare to include their physical, emotional and educational needs and balancing these against the risks to the child or to others in this pandemic. Communicating concerns to the school may prove helpful, so at the very least, the school can explain what measures they have or will put in place. Communication between parents can take various forms and parents may be able to do this directly between themselves or with the assistance of a mutual contact or a third party professional such as a lawyer, mediator or therapist. However, sometimes additional help is required to try and resolve a dispute regarding such child arrangements.

However, there are other alternative methods of resolving disputes that parents may wish to consider, which can be more appropriate in these current times and may also enable decisions to be made quicker than an application through the courts, such as mediation.

The government guidance at the time will be relevant to any application also. If a full reopening can go ahead in September, and attendance at school is stated to be compulsory, a parent is likely to find it more difficult to persuade a judge that a child should not be attending school. In those circumstances, based on the recent comments by the education secretary, any dispute is likely to centre around whether there is a “good reason” for the child not to attend. No guidance has been issued as to what might amount to a “good reason”, but it is likely to consider any health conditions or concerns particular to the child or the child’s household, in particular whether it is necessary for that child or the child’s household to shield.

The most important thing to consider in all of this is the child’s overall welfare – particularly during a time where they may be especially anxious and unsettled. Careful consideration of the options available to resolve a dispute regarding your child’s attendance at school or nursery is essential.