Parental Rights and Responsibilities in Education After Separation - a Scots Law Perspective
Published byBrittany Thomas
When parents separate, many of the day-to-day discussions revolve around practical care arrangements for the children and finances. However, a common matter that family lawyers see disputed is in relation to children’s education. Such disputes can include which school a child should attend, who should attend parents’ evening, and whether a child should or should not receive additional support.
In Scotland these issues are essentially governed by the framework set out by the Children (Scotland) Act 1995. The Children (Scotland) Act 1995 can be read as providing parents with parental responsibility to provide their child with an education suited to their age, ability and aptitude. In practice, this ultimately means:-
1. Deciding which school the child should attend.
2. Engaging with teachers in schools.
3. Supporting learning at home.
4. Making decision about additional support needs.
Where both parents have parental rights and responsibilities, these important educational decisions should be made by them together. This should be the case even if the child primarily presides with just one parent. However, there can often be disagreement between the two parents making the decisions. Topics for disagreement includes:
1. Whether a child should move school after one parent relocates
2. Whether to pursue a placement request for a particular school
3. Faith-based schools versus non-denominational schools
4. Decisions about support plans, specialist placements or therapies
5. Day to day involvement such as who attends parents’ evenings, school trips or receives school reports
It should be noted that schools in Scotland should engage with all of those who hold parental rights and responsibilities, unless there is a court order restricting that. This means that both parents should be able to:-
1. Receive copies of reports
2. Be invited to parent’s evenings
3. Communicate with teachers
If you hold parental rights and responsibilities and are not being included as set out above, it is important to remind the school of the legal status which you hold. It may be that solicitors are required to assist you with this.
Where there are disagreements between parents in relation to the above, there are several options available to individuals trying to resolve that:-
1. Negotiation: many disputes can be resolved by discussions with the help of solicitors. This may be in the form of letters or even meetings between all parties and their respective solicitors.
2. Mediation: family mediation can often help parents find common ground. Our Head of Family Law Amanda Masson is an experienced mediator and could assist in this regard: avm@wjm.co.uk; 07825 632 423.
3. Court: as a last resort, a parent can apply to their local Sheriff Court for a specific issue order where they want something particular to be ordered to happen by the court. The courts will make a determination on whether or not it is in the best interests of the child. The court will not make a determination on the basis on the wishes of the parents. Instead, they will take a view based on what it in the child’s best interests. However, this would be a very expensive route to go down and clients should be wary of that.
Family solicitors are acutely aware that educational decisions are some of the most important choices a parent will make. Separation does not change that, but it can mean that the parents views are different. Despite this, both parents have an equal say. Keeping communication open, seeking legal advice early and focussing on the child’s best interests should usually lead to the best possible outcome.
If you are separated and facing difficulties around your child’s education, our family law team can provide clear advice and representation tailored to your situation. If you would like to get in contact with me to discuss this, please do so using the contact infomration below.
Brittany Thomas
E-mail: bgt@wjm.co.uk
Mobile: 07825 633 678
The information contained in this newsletter is for general guidance only and represents our understanding of relevant law and practice as at October 2025. Wright, Johnston & Mackenzie LLP cannot be held responsible for any action taken or not taken in reliance upon the contents. Specific advice should be taken on any individual matter. Transmissions to or from our email system and calls to or from our offices may be monitored and/or recorded for regulatory purposes. Authorised and regulated by the Financial Conduct Authority. Registered office: 319 St Vincent Street, Glasgow, G2 5RZ. A limited liability partnership registered in Scotland, number SO 300336.
