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Education

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Original poster

Divorced parents right to cancel school place?

11 replies

suenorth · 06/09/2006 10:43

My brother's daughter (14) decided 5 weeks ago to leave her mother's home and live with her father. Her mother (v. bad relationship with my brother) is set against this and has cancelled her daughter's place at school, even though my brother told the school what was going on and that his daughter would be continuing in that school. The school say they must follow the original divorce settlement, which gave residency to the mother, and that accordingly she gets to make all the decisions and can cancel her daughter's place against her daughter's and my brother's wishes. My brother had access rights (though hasn't been allowed to exercise them for some years).

Longshot - but does anyone have any experience of this from a personal or professional point of view? My brother's solicitor can't see him until Thursday. The school is currently processing an application for a new girl to join the school and take my niece's place (she is not allowed to go to school until this is sorted out). Also the school have refused to provide any work for her to do at home saying they are not being paid to educate her any more (even though the request to cancel her place was only made on Sunday).

Any advice would be very helpful - we're all in the dark here and just trying to get my niece where she wants to be - in school with her friends.

Thanks.

OP posts:

KTeepee · 06/09/2006 10:48

No advice I'm afraid but that the mother would be so spiteful to do this (and that the school are not putting the child's welfare first....)

PeachyClairHasBadHair · 06/09/2006 10:48

Citizens Advice Bureau immediately woman! This is so sad (also for the girl whose application is being processed- one kids loses out wither way from what i can see)

Callt he LEA and get info from the top bunny

Holidaymum · 06/09/2006 10:51

Get publicity the school will not want that!

UnquietDad · 06/09/2006 10:51

also try ACE

the Advisory Centre for Education.

Freckle · 06/09/2006 10:54

Also, if the mother has cancelled the school place but not made any other arrangements, then she can be failing to ensure that her daughter receives an education. Get on to the LEA and point this out. Inform the mother that she can be prosecuted for failing to ensure that her daughter attends school.

If your brother's solicitor cannot see him immediately, find one who will and who can then submit an emergency application for residency. The court should be able to deal with this quickly and might also be able to make an interim order regarding your niece's education.

Original poster

suenorth · 06/09/2006 11:34

Thanks for all the advice & support: I'll certainly be calling ACE in the afternoon when they're open. Emergency residence is a good plan - anyone know how quickly you can get that through? The Council have been no help and say it's all up to the school and they won't get involved until she's been off school for a few months. I think my brother's calling Social Services today to see if they can help persuade the school. I can't believe the school are behaving this way: it's the start of her GCSE courses and she really doesn't want to miss school. It's all just so maddening/depressing.

OP posts:

PeachyClairHasBadHair · 06/09/2006 11:39

If she does end up missing school (as I sadly suspect she might ) you could try contacting Education Otherwise for advice on things she can doa t home to keep up to date?

About custody... again, citizens advice. Many do it via the telphone thesew days, we have a local one that does.

Holidaymum · 07/09/2006 14:25

I still say kick up a stink, get local councillor, mp and press involved the school will not want bad publicity nor will the Lea and you may be surprised by a change of policy. It stopped us having to appeal for a school place when the local councillor threatened to get very vocal!

NotActuallyAMum · 07/09/2006 14:46

My DPs dd came to live with us 5 months ago, he simply phoned the school and told them his dd was now living with us. They asked him to put it in writing. We did. Now they phone him with any problems, if they can't get him they phone me

I simply can't believe that the school 'must follow the original divorce settlement'. Says who? Their own rule I suspect

Original poster

suenorth · 07/09/2006 18:39

Yesterday the top Education Welfare person at the council got involved and sorted it out - basically saying what you said NAAM. So panic over... for now anyway. Thanks for all the ideas, I'm sure I'll be back for more advice when the next crisis looms.

OP posts:

suzanneme · 07/09/2006 23:34

From a legal perspective, if your brother was married to the mother when the girl in question was born, he automatically has 'parental responsibility' for her and has equal rights in all matters of her education, medical welfare and upbringing in the eyes of the law. The divorce terms and residency don't affect that.

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