The Top five Education related Parental Rights

In law parents have duties to their children and rights in respect to their children, it is important to note here that the rights are not absolute and they are subject to the principle that the child’s welfare is the court’s paramount consideration – this means that Parental wishes can be overridden by the court.  For example the court can restrain a parent from doing something which might adversely affect the child’s welfare. With this in mind, here are what I think are the top five Education related Parental Rights.

1. A right to decide on education =

Parents have a legal duty to ensure that a child aged 5 – 16 receives efficient, full-time education – this is education that is suitable to the child’s age, ability, aptitude and to any special needs.

This is by regular attendance at school or otherwise – s7 Education Act 1996

Parents can lawfully educate their children at home – but it must be efficient and a suitable education.

A Parent who fails to comply with this duty can be prosecuted.

2. Preference to which school =

As a parent you have a right to express a preference as to which school your child shall attend and the admissions authority must comply with that preference, this is subject to certain standards – s86(1) School Standards and Framework Act 1998

3. Right of Appeal =

 A parent has the right of appeal against a refusal of a place at a chosen school.

4. Withdraw from some classes =

As a parent you have a right to withdraw your child from religious and sex education classes.

5. Information about a school =

Parents have a right to be provided with information about a school – this includes information about curriculum, discipline and the school policy...

Just a quick note that I thought you may find interesting on Corporal punishment in schools...

Corporal punishment of children is completely banned in all kinds of schools – S548 Education Act 1986

It was firstly banned in State schools and then later in independent schools – so this means that the use of any physical force or punishment by a teacher on a school child can give rise to criminal or civil liability.

Note though, that a teacher in certain circumstances use REASONABLE restraint on a school child s550A Education Act 1996.

Have a good week all – enjoy the sunshine

Emily Jones