Parent power is landing schools in court

Selecting a school is not like choosing breakfast cereals or clothes, in which there is a genuine choice for consumers
John Dunford, general secretary of the Association of School and College Leaders 

The mantra of choice has become so all-pervasive that parents could be forgiven for thinking they have complete control over their child’s education. But recent rulings contradict this belief – and illustrate increasing conflict between parental expectations and what the education system is able to deliver.

The number of dissatisfied parents complaining about the way in which school places are allocated has doubled in the last year, according to the School Adjudicator’s annual report which was published this week. Solicitors say they are dealing with rising levels of inquiries from parents considering taking legal action against schools, or refusing to pay school fees.

Even if most parents do not want to resort to the courts, they appear to be becoming more belligerent and less accepting of headteachers’ decisions. Many are paying a hefty sum every term and expect this to give them leverage over the way their children are taught.

Political rhetoric

This consumer culture mentality, plus the rhetoric of choice, appears to be widening the divide between what parents think they are entitled to and the way they are really treated - in both independent and state education.

Ed Balls, the Schools Secretary, has said that every parent should have the right to send their child to the school of their choice, yet for a fifth of families this does not happen. The Schools Adjudicator office handled a record 369 objections to admissions rules this year, which is more than double the 173 referred in the previous academic year.

It upheld 289 of these, again more than twice as many as the 117 supported last year.
Teachers’ leaders say politicians give false hope to parents, some of whom are doomed to miss out as not every child can get into popular and hugely over-subscribed schools.

John Dunford, general secretary of the Association of School and College Leaders, says: “The core problem for school admissions, as the schools adjudicator has recognised in his report, is the difference between choice and preference. Parents do not have, and cannot have, as much choice over schools as the political rhetoric of ‘choice and diversity’ has led them to believe.

“Selecting a school is not like choosing breakfast cereals or clothes, in which there is a genuine choice for consumers, nor is it like healthcare, where you can delay an operation in order to be in the hospital of your choice. Schools have a fixed number of places and children move into them at fixed times. Parents can express a preference, but they do not have unbridled choice.”

See you in court

Independent schools are not immune from problems associated with the high expectations of parents. More parents are withholding fees, or even seeking legal advice, if unhappy with aspects of their child’s education. Firms of solicitors specialising in education law have sprung up to deal with the increased demand. They scrutinise how schools have handled parental complaints or whether there has been any breach of contract.

The most common issue, apart from standards of education, is the way in which teachers have dealt with bullying. Anita Chopra, a partner at Match Solicitors, said much of her work with parents of children at independent schools is related to non-payment of school fees, because the parent felt the education was not of sufficiently high quality, or because there had been a breach of procedure by the school.

She says: “The parent will come to us and say they will no longer pay their school fees, because they believe the school did not adequately educate the child or prevent bullying.”
Anita observes that parents sometimes made a counter claim, if legal action was taken against them for non-payment of fees. Of the 100 school-related cases her firm dealt with last year, about half concerned independent schools and 20 related to withholding fees.

She adds: “We have seen an increase in inquiries against private schools. I think people are less intimidated by independent schools now. There is still an old-school type approach by some heads of private schools - very much an ‘it’s my school’ attitude. Now they are being challenged a lot more.”

Tackling the class bully

The topic has even been discussed on parent blogging websites. One recent posting on Mumsnet was from a woman who said: “I have found out that the parents of one child are taking legal action against the school, for failing to protect their child against the class bully. I want to cheer.

“In this final incident, the boy, twice the size of most of the others in the class, punched their son in the face.

“Since this has been going on since he was four, the lawyers have advised the usage of the word assault. I am just so pleased that someone among the rest of us parents is taking a stand, and has the guts to do so.”

But Bullying UK, which gives advice to children affected by bullying, warns that parents determined to pursue a case at all costs could end up harming their child. It said: “Legal action should be a last resort. It is an arduous path and you need to be determined, tenacious, and prepared for a long and unpleasant battle. There is no prospect of success unless you have ample evidence of physical or mental harm.

“Having one’s day in court is likely to extend into several stressful and upsetting days in which the child’s school life is raked over and they may be accused of bringing the bullying on themselves.”

Nicola writes regularly for tom-brown.com on topical issues that concern parents and schools

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