The education and welfare of children often involve close collaboration between schools and parents. However, when parents are separated, this can lead to confusion and disputes over what information schools are required to share with both parents. This article explores the legal framework governing schools’ responsibilities to inform separated parents, the types of communications and events they must report on, and what parents can do if they believe they are being unfairly excluded by the school.
Legal framework: Parental Responsibility
At the heart of understanding schools’ obligations to separated parents is the concept of parental responsibility, defined under the Children Act 1989. Parental responsibility refers to the legal rights, duties, powers, responsibilities, and authority a parent has in relation to their child.
Who has parental responsibility?
- A child’s mother automatically has parental responsibility
- Fathers married to the mother at the time of the child’s birth also automatically have parental responsibility
- Unmarried fathers can obtain parental responsibility if they are named on the child’s birth certificate (after December 1, 2003), enter into a parental responsibility agreement, or obtain a court order
- Other individuals, such as step-parents or guardians, may also gain parental responsibility through a court order
Parents with parental responsibility are generally entitled to the same information about their child’s education unless a court order specifies otherwise.
What information must schools share with both parents?
Schools have a duty to keep both parents with parental responsibility informed about key aspects of their child’s education. The Department for Education (DfE) states that schools must ensure that both parents are treated equally unless legally restricted. This includes:
Progress reports and academic records
Schools must provide copies of progress reports, exam results, and attendance records to both parents if requested.
General school communications
Newsletters, updates about policies, and general information relevant to parents must be accessible to both.
Notifications about key issues
If a child is excluded, schools are legally required to inform all parents with parental responsibility. Parents must also be kept informed about Special Educational Needs (SEN) assessments, reviews, and any additional support plans.
Events
Schools should invite both parents to participate in important events, including:
- Parents’ evenings: Both parents should be invited to attend and receive appointment options
- School trips: Notifications and consent requests must be sent to both parents
What action requires both parents consent?
Some decisions require consent from all parents with parental responsibility, such as:
- Changing a child’s surname
- Major decisions about the child’s education (e.g., transferring to a different school)
When may schools only inform one parent?
There are limited circumstances where schools might communicate only with one parent:
- If a court order is in place, schools must adhere to its terms
- A Child Arrangements Order may stipulate that only one parent is entitled to receive updates.
- A non-molestation order or similar injunctive order may prohibit communication with one parent
- If there are safeguarding concerns, schools might decide to limit contact with a parent to protect the child. This could involve withholding information from a parent deemed a risk to the child’s welfare or not sharing details about the child’s location or school activities if doing so could compromise safety.
- If a parent does not have parental responsibility, the school is not obliged to share information with them.
What happens if information is passed to only one parent?
Parents who feel they are being excluded from communications have several recourses:
1. Raise the issue with the school
Parents should first address concerns with the school directly, ideally with the headteacher or designated safeguarding lead. You may be asked to provide evidence of parental responsibility, such as a birth certificate or court order, to confirm you are able to have access to the information requested.
2. Escalate through the school’s complaints procedure
If concerns are not resolved, parents can escalate the matter through the school’s official complaints process. This can usually be found on the school’s website, but should also be provided, if requested, by the school.
3. Involve the Local Education Authority (LEA)
Parents may approach the LEA if the school does not address their complaints satisfactorily.
4. Seek legal advice
If exclusions persist, parents should seek advice from a solicitor specialising in family or education law. In some cases, a parent may need to apply for a court order to enforce their rights to information if access is persistently denied.
Tips for parents to avoid conflicts over school communication
When parents are separated, maintaining open communication and a collaborative approach is essential to minimise conflicts about school matters. Here are some practical tips to help parents avoid disputes and ensure the child’s welfare remains the priority:
- Focus on what is best for the child, not personal grievances. Both parents have a shared goal of supporting the child’s education and well-being
- Avoid using school matters as a battleground for unresolved personal issues
- Use polite and neutral language when discussing school-related topics with the other parent
- Avoid accusatory or inflammatory comments that could escalate tensions
- Agree on how information will be shared, and decisions will be made. For example, who will attend parents’ evenings? How will updates from the school be communicated to the other parent?
- Put agreements in writing if necessary, to reduce misunderstandings
- Share school-related documents and updates through email, messaging apps, or co-parenting platforms
- Set up a shared calendar to track events such as parents’ evenings, school trips, and deadlines for consent forms.
- Both parents should ensure they are on the school’s contact list and provide updated contact details
- Request access to newsletters, online portals, and school reports rather than relying solely on the other parent to share information.
- Avoid unnecessary interference in the other parent’s time with the child or overstepping agreed-upon arrangements about attending school events
- Trust that the other parent is also invested in the child’s education and well-being
- Remember that schools are not mediators. Avoid placing teachers or staff in the middle of disputes
- Direct any disagreements about communication to the other parent rather than involving the school unnecessarily
- Keep a copy of any court orders or agreements that clarify communication expectations or restrictions
- If one parent cannot attend a meeting or event, ask the school for alternative arrangements, such as virtual meetings or sharing notes afterward
- Avoid rigidly sticking to agreements if circumstances change unexpectedly; prioritise collaboration and flexibility
- If disagreements about school communication become persistent, consider engaging a mediator to help resolve the issues
- Do not use the child as a messenger or source of information about the other parent’s actions
- Coordinate in advance for important events like parents’ evenings or performances. If attending together is not feasible, divide attendance or ask the school for alternatives
- Avoid putting the child in an uncomfortable position by forcing them to choose which parent to involve
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