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Legal matters

Picking up from school

31 replies

Latemates · 24/04/2012 10:50

In a situation where both parents have PR and both parents regularly pick children up from school and are know vpby the school. Can one parent tell school not to allow other parent to pick up? Can the school stop the one parent picking up the children?

Thanks

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NickNacks · 24/04/2012 10:54

No they can't . I'm a cm and I cannot stop anyone with pr collecting a child regardless if the other has told me not to. The only case I might not is if I hadn't met the other parent but this doesn't seem to be true in your case.

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Latemates · 24/04/2012 10:57

Thanks, do you have any links to documents that support this?

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lisad123 · 24/04/2012 10:59

Nope pretty sure they can't UNLESS there is a police order or PR has been removed by courts. However, most school would refuse to hand over a child to a parent they hadn't met and been told is not allowed to collect.

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Collaborate · 24/04/2012 11:18

It's a grey area. I read recently an article suggesting that a parent delegates their PR to the school/nursery when the child is handed over, so the school/nursery in refusing to allow the other parent to collect the child outside of normal school times is merely exercising the other parent's PR by proxy. Might be right. It would at least cause there to be enough delay so that the other parent can be called to attend, then they can sort it out for themselves.

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Chubfuddler · 24/04/2012 11:22

Unless there's a prohibited steps order or non molestation order in place, the simple answer is no. A school cannot refuse to hand over a child to its legal parent unless there is a court order.

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Latemates · 24/04/2012 11:28

No police, prohibited steps or non molestation orders involved.

Thanks for replies, does anyone have any links that support this. Just try to pre-empt this should it occur by having documentation available should school refuse

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Latemates · 24/04/2012 11:29

Oops refuse to allow one parent to pick up the children

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Chubfuddler · 24/04/2012 11:31

There may be some info on direct.gov.

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ChocHobNob · 24/04/2012 12:07

The Department for Children, Schools and families produced a leaflet.

The Schools, Parents and Parental Responsibility (Ref: DfEE 0092/2000)
guidance:

It states:

"General Principles for Schools

Everyone who is a parent, whether they are a resident or non-resident
parent, has the same right to participate in decisions about a child's
education and receive information about the child. However for day to
day purposes, the school's main contact is likely to be the parent with
whom the child lives on school days.

School and LEA staff must treat all parents equally, unless there is a
court order limiting an individual's exercise of parental responsibility.
Individuals who have parental responsibility for, or care of, a child have
the same rights as natural parents. "

So unless there is a court order stating a parent cannot collect a child from school, the school must treat both parents equally, meaning they cannot stop a person with PR collecting their own child from the school.

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Collaborate · 24/04/2012 12:16

Well, the school could stop the child going if they would prevent the child leaving early with either parent.

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ChocHobNob · 24/04/2012 12:20

They could, but I didn't think that was what the OP was getting at.

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ChocHobNob · 24/04/2012 12:22

"both parents have PR and both parents regularly pick children up from school and are know vpby the school"

Op sounded like they meant if the RP just decided NRP couldn't collect the child from end of school anymore. There was no indication in the post they meant collecting them from school early.

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MOSagain · 24/04/2012 12:48

Short answer no. Nothing said in OP about picking up early but even if they did, the school could not really refuse. Puts school in very difficult position though.

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Latemates · 24/04/2012 12:52

Thank you the info choc that's exactly what I was after.
And I wasn't meaning picking up early on continuing with the status quo

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Latemates · 24/04/2012 12:52

Only *

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3xcookedchips · 24/04/2012 12:56

I'm interested in this idea of 'delegating PR'...Really? I was always under the impression there are 5 ways to gain PR...

  1. Automatically as the mother
  2. Automatically to the father of the child born within marriage
  3. Birth registered after 2003 and father is on the BC
  4. Granted by the courts
  5. Father gains by agreement by the mother

    As others have said - unless there's a court order in place(not police order) then whoever has PR...afterall, does the school really want to be embroiled and exposing themselves and LEA to possible litigation.
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Latemates · 24/04/2012 13:00

Teachers are loco parentis while children are in their care But I would assume as soon as either parent with PR was there that would automatically no longer be the case.

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ChocHobNob · 24/04/2012 13:13

By the way, my husband had this problem. The Mother was refusing to let him collect his child from school. Court told her to stop being ridiculous. He now happily collects his child from school regularly.

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MOSagain · 24/04/2012 13:23

ref loco parentis, don't you have to sign an official document to give the teachers that? When DC1 was at boarding school I had to sign documentation to give his housemaster loco parentis authority.

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3xcookedchips · 24/04/2012 13:56

loco parentis is not PR. It means the teachers have a duty of care, similarly if you were looking after your friends kids you would be loco parentis.

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howmuchlonger · 24/04/2012 14:19

My ex has 4 hours per month supervised contact. He wouldn't be allowed to collect them from school would he? Thats probably a silly question but there isn't a PSO or a NMO.

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MOSagain · 24/04/2012 14:22

I know loco parentis is not PR, I didn't say it was. What I'm saying is, why is it that some schools officially make you sign documentation whereas most don't?

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Chubfuddler · 24/04/2012 15:21

Howmuchlobger if he has pr and there is no order to stop him then he can. I'm surprised your lawyer hasn't gone for a prohibited steps if supervised contact is considered necessary.

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ChocHobNob · 24/04/2012 15:26

Like Chubfuddler said, yes he can Howmuchlonger. Hopefully the school would contact you as soon as possible if it did happen, but they can't stop him removing the child from the school.

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howmuchlonger · 24/04/2012 15:42

I really didn't realise that was the case, I just thought a supervised contact order would automatically mean he wasn't allowed to do things like collecting from school. I guess that means he can turn up at sports day, xmas concerts etc.
It would be very unlikely for school to allow my ex to take the children without trying to stall him and contact me though and I don't think he'd dare anyway.

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