School rights for separated parents

[NetFrog]

I have read the following on SeperatedDads. Does anyone have any idea if this is correct for Scotland?

The Responsibilities of Schools
If you have Parental Responsibility for your children as defined under the Children Act 1989, you have a Right To Be Kept Informed About Your Child, and this includes taking part in all the decisions regarding their education. That’s not just good parenting, it’s the law.

You have the right as a parent to receive information from the school, including attendance and performance reports on your children, to give permission as the father for trips and other activities, to participate in school activities and to be told about any meetings at school that involve your children.

If your ex hasn’t given information about you to the school, you can contact them directly, after which they have to provide you with information. In the case of school trips, permission has to come from both parents, and if only one gives permission, to stop possible conflicts, the child won’t be allowed to go. The school is also obliged to inform both parents when the child is ill or has medical issues.

I am in scotland. My dds dad isnt involved in her life and the school dont have any details of him as they have never asked. She goes on trips and things.

However if her dad asked the school for details they would need to give them to him.

That's not quite correct.

Schools are legally obliged to give someone with Parental Responsibility information about the child such as school reports and having PR means a parent has the right to be consulted on any major decisions about the child's education. If schools don't know where a parent is and their address isn't forthcoming from the parent with care the schools can't send the information and it is up to the other parent to contact the school.

Schools will normally ask the parent with the majority of care for consent unless the decision is likely to have an impact on the child or anyone else with parental responsibility has requested to be asked for consent. My understanding is in cases where the school considers it necessary to seek consent from both parents and one parent withholds consent the school may assume that parental consent has not been given so the child cannot participate in an activity or school trip. That is to ensure that the school isn't exposed to liability claims e.g. if the child is injured while on the school trip.

Schools must take into account any court orders and are bound ultimately to consider first the best interests of the child when making a decision.

The position is similar in Scotland. See;

www.killermont.e-dunbarton.sch.uk/_files/briefing_paper__schools_parents__parental_responsibilities_nov_07.pdf

Thanks for the link, very informative and just the document I hoped to find.

One section is a little confusing on the points of double consent being needed. On the one hand it says that consent from only one parent is needed but on the other hand it also says if a dispute were to arise over consent then they consider consent NOT given.

So I assume by this then there needs to be a dispute raised and that at no point will duel consent forms be given out.

I have a residence order for my grandson, which confers upon me PR and the right to make all day to day decisions for him. I give permission for school trips etc as otherwise it would be a nightmare as four of us have PR and my poor GS would forever be tied up in conflict.

I have no issue with his dad receiving reports, although he rarely makes himself available for contact. I do have an issue with the school sending him all information about activities etc because he is very violent and has assaulted a child and I feel very scared when I think he may turn up. It makes my GS extremely anxious as he is afraid of his dad.

However, the court has made very clear contact arrangements and have made clear that he cannot have contact in between set times, which include school days as there were problems at primary school.

The point I am making is that being overly prescriptive about consents etc can make life very difficult for a child who is blameless and in our case it really became a blight on his childhood.

I am not really sure why you are asking, but surely the child's right to a stress and anxiety free time at school should trump arguments over school trips etc. I certainly don't inform his dad everytime he has a cold or is off school.

I know it is horrible feeling you are excluded, but it is really not about you. I have to suck it up when I am undermined and disrespected as his primary carer. Sorry if this comes over as harsh, but I am just trying to represent what my GS would have to say about all this and surely that is what matters.

Hi Elsie

I do understand what you are saying and no not harsh at all. I am researching my rights having not seen my children in almost 3 weeks, but just because it is a "right" does not mean I would use it. Certainly the stress of getting both parents who live 30 miles apart to duel sign would be not only a logistical pain for the parents but I can see why the child would become anxious that forms may not be filled out and sent in.

Some consents however do need to be duel signed. For example my children did not undergo medicals at their last school and I was never informed of this and would have argued they should. Now if i had informed the school about duel consent I would have at least known that my ex partner had opted them out of something I believe to be very important.