Legal disputes between parents over where to send their child to school is on the rise, leading family lawyer says

Legal disputes between parents over where to send their child to school is on the rise, a leading family lawyer has said, amid increased competition for places.

Earlier this week, thousands of families across England found out which secondary school their children will attend with a higher proportion than ever expecting to miss out on their top choice.

Joanne Edwards, head of family law and partner at the solicitors firm Forsters, said: “In the past four to five years I have really noticed an increase in the number of parents in disputes about which school their child should attend.

“The legal position is that both parents have parental responsibility. I always say try to go to mediation first, and that sometimes leads on to solicitor negotiation. In extreme cases, one issues a court application.”  

Under the Children Act, parents can apply to the courts for a “child arrangement order” where a judge can rule on a specific issue.

Ms Edwards said that her cases have included parents with differing views over whether to send their children to religious school or not, private versus state and boarding versus day.  

“I was acting for someone who felt very strongly he wanted his child to go to local state but wife felt equally strongly about private. He felt morally he preferred state,” Ms Edwards said.

“Often a judge will say if you can afford private, send your child there. Judges tend to be quite angry about having to determine these dispute and tend to say ‘come on parents, sort this out’.”  

Jeremy Corbyn and his ex-wife Claudia Bracchita divorced after a disagreement over whether their son should be educated at one of the country's best grammar schools or at the local inner city comprehensive.

More than half a million 11-year-olds are finding out which secondary school they will be attending from this autumn on what is commonly known as National Offer Day.

Secondaries have experienced an increase in numbers prompted by a spike in the birth rate in the early 2000s that is now making its way through the school system.

The number of pupils who failed to get a place at their preferred school was expected to increase by up to a third compared to last year in some parts of the country following an application surge.

Around 115,000 children across England were left disappointed due to a continuing shortage of places, according to analysis by The Good Schools Guide.