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Separated Parents' Rights at School: Who Gets Reports, Who Signs the Forms, and When a Court Order Changes It

Separated parents' rights at school are wider than many schools and parents assume. In England, every parent counts as a parent in education law, whether or not the child lives with them, and the Department for Education tells schools to treat all parents equally unless a court order says otherwise. This page sets out what that means for reports, parents' evenings, school trips, changing schools and a child's surname, and where the rules stop.

Who counts as a parent at school

Section 576 of the Education Act 1996 defines a parent widely. It covers every biological parent, whether or not they are married or live with the child, plus anyone who has parental responsibility and anyone who has care of the child, such as a step-parent the child lives with or a family-and-friends carer. The Department for Education's guidance to schools, last updated in August 2023, says plainly that anyone who is a parent under education law can take part in their child's education, and that school and council staff must treat all parents equally unless a court order limits one parent's rights.

That second test, parental responsibility (PR), matters for decisions rather than for basic involvement.

Who has parental responsibility

PR is not lost when parents separate or divorce, and it does not depend on how often the child sees that parent.

What the school should share with both parents

The DfE guidance says parents with PR, and those caring for the child, have the same right as each other to information such as school reports, to be asked for consent where consent is needed, and to be told about meetings involving the child. In practice the school's day-to-day contact is usually the parent the child lives with, but the Education (Pupil Information) (England) Regulations 2005 let every parent receive information about their child.

A parent who has been left off the system can usually fix it by writing to the school office with their name, address and relationship to the child, and asking for copies of reports and invitations to parents' evenings. Some schools hold separate appointments so parents do not have to attend together; ask if that would help.

The educational record

At a maintained school, a parent can make a written request to see their child's educational record. The governing body must allow it free of charge, or supply a copy for a fee no higher than the cost of supply, within 15 school days. Academies, free schools and independent schools are not covered by that regulation, though the DfE expects them to follow it as good practice, and a request can also be made under data protection law. Our guide to complaining about a school covers what to do if a request is ignored.

Decisions that need both parents

Changing school

The guidance says everyone with PR must be consulted before important decisions, such as taking a child out of a school. Schools still have to follow the pupil registration rules, and staff may ask whether the other parent agrees before removing a child from the roll. The same tension comes up with admissions: a council will normally accept one application per child, so parents who disagree about preferences need to settle it first. Our pages on in-year admissions when you move house and ranking school preferences explain the process.

A child's surname

A school should not change the surname it uses for a child without written evidence that the other parent, or anyone else with PR, consents. The DfE says that evidence should come independently, not simply from the parent asking for the change.

School trips

For an ordinary trip the head will usually seek consent from the parent the child lives with. Where both parents' consent is required, the school can treat consent as not given unless both agree, which in practice means the child stays behind.

When a court order changes things

Three family court orders affect what a school does:

• Child arrangements order: sets out who the child lives with and when they spend time with each parent. It replaced residence and contact orders.
• Prohibited steps order: stops a parent taking a specific step, such as removing the child from school or collecting them, without the court's consent.
• Specific issue order: settles a single disputed question, such as which school the child attends.

A school can only act on an order it knows about. If an order limits the other parent's contact or information, give the school a copy and ask it to note it on the child's file. Without that, the school must assume both parents have equal rights.

If the school gets it wrong

Start with the head teacher, in writing, and quote the DfE guidance on parental responsibility. If that fails, use the school's complaints procedure. Disputes between the parents themselves are not for the school to decide: mediation, and failing that the family court, are the routes. For the wider picture of how schools work with families, see our school life FAQ and questions to ask at parents' evening, or go back to the Schools Insight homepage.

Sources: DfE, understanding and dealing with issues relating to parental responsibility (updated 24 August 2023); The Education (Pupil Information) (England) Regulations 2005; GOV.UK, parental rights and responsibilities; ICO, accessing pupils' information. Checked 25 October 2026.