The Independent Grammar School: Durham

SEPARATED PARENTS POLICY

At IGS: Durham we understand that while some parents may be divorced or separated, both have the right to be informed of, and where possible involved in, their child’s educational progress.

 Parental Responsibility

In order to maintain good and accurate records, we ask parents during the enrolment procedure to provide certain information, most of which is statutory, such as name of both parents, address, contact details etc. We will also ask who has parental responsibility for the child. This is vital as it allows the school to be sure who has the right to make decisions about a child’s education and medical treatment. “Parental Responsibility” is a specific legal term and is used differently in an educational context from its use in other areas.  The legal position is as follows:

 ·       All mothers automatically have Parental Responsibility.

·       If a child’s parents were married at the time of the birth, both parents automatically have Parental Responsibility.

·       For children born after the 1st December 2003 where the father’s name is on the birth certificate, the father and mother will both have Parental Responsibility.

·       In all other cases, fathers are required to officially obtain Parental Responsibility.

·       Parental Responsibility cannot be lost, except by legal adoption, although it does not guarantee contact.

The information parents provide to school in relation to Parental Responsibility will be presumed to be correct unless a court order or original birth certificate proving otherwise is provided to the school. It is the responsibility of parents to inform the school when there is a change in the family’s circumstances. We need to be kept up to date with contact details, arrangements for collecting children and emergencies. To that end an annual request will be made to parents asking them to update where necessary the above information. 

 Parents as defined above have the right to share in decisions made about their child and to be treated fairly and equally by schools. These entitlements include:

 ·       Appeal against admission decisions.

·       Ofsted & school-based questionnaires.

·       Participation in any exclusion procedure.

·       Attendance at parent meetings/school events.

·       Access to school records and copies of school reports, newsletters, invitations to school events, school photographs relating to their child and information about school trips.

This entitlement cannot be affected without a specific court order. The school does not have the power to act simply on the request of one parent to restrict another. The school will not seek to make judgements about individual circumstances but will treat both parents equally unless there is a specific ruling in existence. Staff will never pass judgement on either parent to the child. The school is under no obligation to inform the resident parent of the absent parent contacting the school. Any such information will be given at the discretion of the Principal.

Court Orders

If the school receives a court order restricting access to a parent, the school is only obliged to comply if the order is properly notified and only to the extent that it relates to the school. If the school is not informed of the existence of such an order, neither parent will have rights superior to the other. Only a Court Order setting out the arrangements is deemed to be valid. A solicitor’s letter is not sufficient.

School communications

The school will make every effort to ensure that the right of both parents to be informed of, and involved in, their child’s education is respected. However, we expect that parents, whatever the nature of their separation, will do all they can to communicate with each other and share school-related information for the benefit of their child. It is assumed, for example, that the parent with whom the child principally resides will keep the other parent informed as necessary and in ways agreed between the two.

We will include all those with Parental Responsibility for children on our email list and they will therefore receive regular newsletters.  Parents are responsible for providing the school with a correct email address.

Both parents are welcome to attend parents’ evenings and we will not normally hold separate meetings to accommodate parents separately.  If there is a very strong case for doing so, this will be considered by the Principal.  We would expect parents to communicate with each other regarding these arrangements.

We expect parents to liaise and communicate directly with each other in matters such as the ordering of school photographs, residential/school visits, tickets for performances and other instances.

Both parents are entitled to receive progress reports and review their child’s pupil records. Progress reports will be sent to the parent with whom the child resides with the expectation that he/she will share the report with the other parent. The school will email copies of progress reports to the non-custodial parent if a request is submitted. Should an unnamed parent seek information or access to his/her child, the school will always inform the main carer of this to check parental responsibility and ensure no court order is in place. For the avoidance of doubt, we will seek written confirmation from the main carer. Proof of identity of the non-resident parent will always be required in these cases.

Disagreements between parents must be resolved privately between the parents and cannot be resolved by the school.

Collecting a child from school

The school will only release children to parents in accordance with the strict protocols established during the enrolment process and in line with the “Collection of Children from School” form held on file.  If one parent seeks to remove the child from school in contravention of the usual arrangements and the parent to whom the child would normally be released has not notified the school of any change the following steps will be followed:

 ·       Where a separated parent, who has parental responsibility and no court order in place, wishes to take the child during or at the end of the school day, the resident parent will be contacted in order to ensure that they are in agreement with the arrangement. If the parent to whom the child would normally be released agrees, the child may be released, and the records will reflect that the permission was granted orally. If the parent opposes the other parent wanting to take the child, then the school will advise that without a court order we cannot prevent them from doing so.

·       In the event that the parent to whom the child would normally be released to cannot be reached, the Principal will make a decision based upon all relevant information available at the time.

·       During any discussion or communication with parents, the child will be supervised by an appropriate member of school staff in a separate room.

·       In extreme circumstances, if there is a belief that a possible abduction of the child may occur or if the parent is disruptive, the police should be notified immediately.

IGS: Durham

Separated Parents Policy

Created:    July 2021

Reviewed: November 2023

Next Review: November 2025