My ex-partner won’t send our child to school – what can I do?

School attendance is a legal requirement in England and Wales for children of compulsory school age (5 to 16).

However, when divorced or separated parents disagree about whether their child should return to school – for example, following a period of illness – it can lead to emotional and logistical challenges for all involved.

Here, we outline the legal rights and measures at the other parent’s disposal to challenge the decision.

What does the law say?

Under the Education Act 1996, parents are legally responsible for ensuring their child receives an education – either by regular attendance at school or another comparable method (e.g. elective homeschooling by one or both parents). As such, a parent who chooses not to send the child back to school without a valid reason, and without substituting with sufficient home education, may be in breach of the law.

Both parents typically retain parental responsibility after divorce unless a court has ruled otherwise. This means both have equal rights to make major decisions regarding the child’s welfare, including education considerations.

Disagreements about education – such as which school a child should attend, or indeed whether they should be attending at all – are legally considered ‘specific issues’ and may require court intervention if the parents can’t come to an amicable compromise.

My child is being kept out of school: what happens next?

If one parent refuses to send the child back to school without consent from the other parent, there are several steps that can be taken:

• Initial communication and mediation attempts – the first step should always be to attempt resolution through elective discussions or family mediation. If this proves unsuccessful, involving a professional mediator can be an effective in clarifying any concerns (e.g. health or learning needs) and reach a compromise without going to court
• Involving the School or Local Authority – the other parent can contact the child’s school or Local Education Authority (LEA) to inform them of the situation. LEAs have a legal duty to monitor attendance and may find it appropriate to issue warnings or Education Supervision Orders if attendance is routinely refused
• Commence legal proceedings – if the above two steps fail, the parent wishing that the child return to school can apply to the Family Court for a Specific Issue Order (under Section 8 of the Children Act 1989), which asks the court to rule on the specific matter of whether the child should return to school. The court’s decision will be based on the child’s best interests, taking into account educational needs, their emotional wellbeing and any safeguarding concerns
• Apply for a Prohibited Steps Order – alternatively and/or additionally, a parent may apply for a Prohibited Steps Order to prevent the other parent from continuing to keep the child out of school

What are the legal consequences for non-compliance?

If a parent continues to refuse school attendance without legitimate reason:

• Prosecution for truancy – the offending parent may be prosecuted under the Education Act 1996, facing fines up to £2,500 or (in extreme cases) imprisonment
• Education penalty notice – local authorities can issue a penalty notice (£60–£120) for unauthorised absence
• Loss of credibility in Family Court – courts may view the refusal as failing to promote the child’s welfare, potentially affecting their standing in future custody arrangements

Are there exceptions?

The court will consider whether the parent has legitimate reasons, which could include:

• Verified health concerns, either mental or physical
• Special educational needs not being met by the current school
• Evidence of bullying or safeguarding issues

For example, in situations where the parents disagree whether the child is well enough to return to school, the court may ask for independent medical evidence – e.g. Child and Adolescent Mental Health Services (CAMHS) assessments or GP letters – in order to verify the child’s condition.

If these health concerns are found to be genuine, the court may support a phased return, special accommodations at school or even temporary alternative arrangements – but it will expect and demand that all measures are lawful and don’t detract from the child receiving an adequate education.

How we can help

If you’re worried that your child is being kept out of school unlawfully, our friendly and supportive Family Law team can help you better understand your rights – and, if necessary, guide you through the legal process to resolve the issue swiftly and in your child’s best interests.

There’s no need to let disputes delay your child’s education: get in touch with our Family Law experts today via 03333 058375 or by emailing family@psg-law.co.uk to discuss your options. We’re here to help.