Can a school refuse to let me pick up my child?

Despite the school year drawing to a close as we head towards July, issues can still arise where schools stop parents from collecting their children.

Often these issues arise from a simple misunderstanding, or confusion over who is picking up the child on what day. Whatever the case, schools tend to err on the side of caution for safeguarding reasons.

But can a school legally stop you from picking up your child? And what are your options? Family Trainee Rupert Knell outlines everything you need to know in this article…

Can a school refuse to let me pick up my child?

If you have parental responsibility (PR) over your child and there is no court order in place specifically preventing you and extenuating circumstances do not apply, a school does not have legal grounds to stop you picking up your child.

However, a school may legally have the grounds to prevent a parent picking up their child if there:

• Is a court order in place that restricts the parent from having access to the child,
  • Such as a Child Arrangements Order, Prohibited Steps Order, or Non-Molestation Order,
• Are genuine safeguarding concerns over the child’s immediate safety if they were to be released to the parent,
  • Such as the parent being under the influence of drugs or alcohol,
  • Or an ‘emergency situation’ that requires intervention from the relevant authorities (e.g. police, social services),
• Is a dispute over parental responsibility,
  • The school may adhere to legal documentation/advice from the local authority,
• Are custody disputes/arrangements,
  • In such situations, the school may be following court orders that state that the child may only be released to the parent who has the right to collect them on that day,
• Is a parent can’t properly identify themselves,
  • Especially if they have not picked up the child before,
• Is confusion over who has the right to pick up the child,
  • Two parents may, for example, both claim that they are picking up a child on a specific day. In such circumstances, the school may withhold the child until there is more clarity.

Related: What is parental responsibility?

Can a school stop a father from seeing a child?

As a father, you may not automatically have parental responsibility.

A father only has PR, and the accompanying rights, if he was married to the child’s mother at the time of the child’s birth, is listed on the birth certificate, or has a court order/agreement that gives him responsibility.

Those without parental responsibility do not have the automatic right to pick up their child from school. If you don’t have responsibility and attempt to pick up your child, the school will likely refuse you unless the child’s mother has given express permission.

The child’s mother may designate you as able to pick up the child from school, in which case, if the school is informed, you will be able to pick them up.

My colleague Andy Stynes has written a dedicated article about the rights of unmarried fathers. In that article, he details your rights and how you can obtain parental responsibility. You can read it here.

What rights do parents have in schools in the UK?

Parents with parental responsibility have rights regarding their child’s education. They have the right to:

• Choose their child’s school, or home educate, and appeal if their child doesn’t get a placement at a school.
• Be informed of the school’s policies, curriculum and their child’s progress (through reports, parent-teacher meetings etc).
• Be involved in decisions regarding their child’s education, especially parents of children with Special Educational Needs (SEN).
• Participate in school forums/communities and be consulted on major changes to the school & its policies.
• Raise concerns, complaints and appeals regarding the child’s education, treatment and any exclusions.
• Expect fair treatment for their child.

Related: Can my ex-partner pick our child up from school without my permission?

Do schools have a duty of care to parents?

The rights listed above all form part of the duty of care that schools have towards parents.

They also have an overarching obligation to protect the well-being of everyone onsite, which includes both parents and children. 

Can parents be banned from school premises?

As a last resort measure, to ensure the safety of everyone on school grounds, parents can be banned from school premises. This may happen if a parent is abusive, threatening towards or harassing people on school grounds, causing significant disruption or is a safety risk.

Schools will usually issue an initial warning followed by a formal notice before outright banning parents. And parents do have the right to appeal their ban. Any warnings, bans, or appeals are subject to the policy and discretion of the school in question.

Specialist Family Solicitors

If you have any questions following this article, especially queries surrounding any of the orders mentioned, please do not hesitate to get in touch with our bright Family Team.

Contact us if you would like a free initial appointment with a member of our Family Team at our Christchurch or Ringwood offices, with no obligation or charge. Call on 01202 499255 or fill out the form on this page.