LA trying to force my child staying at current nursery against parents' wish

[bayescr]

Please read my story and provide some guidance and comments.

I have a child, turning 3 soon, in an interim care order, with a foster carer now.
Our family has always intended to educate her under the French national curriculum by sending her to a French bilingual school in London. International parents do not speak French, but have a strong preference for the French language and curriculum.

We like a French school, applied and accepted and fully paid for a school place starting in January 2026, the earliest time the child can start as a rising 3. The school will continue for over 3 years until she turns 6. At the moment, the child is attending a typical nursery. Those two schools are not far apart at all. We always planned to switch the child to the French school from January 2026 and the current nursery is well aware of that.

The situation now is that the LA is insisting to keep the child at the current nursery, against the parents' wish. Their key logic is continuity. Our family is fully committed to the new school, physically and financially. The new school is rated "outstanding" and has excellent pastoral care, the team also promised to pay special attention to the child to smooth the transition. Both schools are fee-paying, costing over 20k/year. We cannot afford to lose the nonrefundable tuition already paid to the French school and then also pay for the current nursery. We simply cannot pay, period. The LA will not pay either.

I see it as a violation of article 8 rights by forcing a non-English family to keep the child at the current nursery and educate under the English curriculum. It seems that either we agree and the child moves onto the French school as planned, or if LA insists, the child will end up losing the (nonrefundable, non-deferrable) French school place and having nobody paying for her current nursery place.

Please advise.

[Suzie, FRG Adviser]

Dear Bayescr,

Thank you for your post. I am Suzie, a Family Rights Group adviser responding to you today.

You explain that your child who is almost 3 years old is currently living with foster carers under an interim care order and is currently attending ‘ a typical nursery’. You had intended to send your child to a French speaking school that follows the French curriculum when she turns 3, but children’s services wish her to keep on at her current nursery school for continuity. You say that as international parents you do not speak French but have a ‘strong preference for the French system and language.’

I can understand that you have strong feelings about your plan for your daughter being interrupted in this way. You are seeking advice on how you can have your views heard by children’s services. When an interim care order is in place, children’s services share parental responsibility with the parents. Children’s services must ask the parents for their views and wishes about any decision concerning their child. However, children’s services have the final say. They can make plans for the child even if the parents do not agree.

You can read more about interim care orders here.

In this reply I will focus on how you can express your views about your child’s education to your child’s social worker; the social work team manager; the independent reviewing officer and the children’s guardian. This way you will know that you have used every avenue available to you to argue why you think the French school is in your child’s best interests. You should also highlight the issue of the extra costs involved and your difficulty in meeting these.

Even if children’s services do not change their stance, they have a responsibility to explain to you clearly why they believe that continuing at her current nursery is in your daughter’s best interests.
You may find the Family Rights Group guide to working with social workers helpful in planning your conversation with the social worker/social work team manager. You can link to this here.

Children’s services have many statutory duties to all children in care under an interim care order. Your daughter will have a written care plan that the social worker is responsible for implementing. The care plan, (which should include early years education) is regularly reviewed by the independent reviewing officer. You can read more about care plans and children’s services duties to children in care here.
The role of the independent reviewing officer is described in detail here. I would advise you to talk to them about the school choice issue.

As your child is on an interim care order care proceedings will be ongoing, and you are entitled to legal aid to cover the cost of a solicitor. I suggest that you discuss this disagreement about schools with your solicitor who could bring it to the attention of the court for the judge to consider. You can read more about care proceedings here.

A guide to working with a solicitor is here.

I am sending you a link to information on children’s services complaints procedures here, but be advised that as you are engaged in a court process it is likely that you will be advised to bring the matter up in those proceedings rather than via a complaint.

You could also discuss your views on your child’s school with the children’s guardian – an independent social worker appointed by the court to make recommendations about best outcome for the child. You can read more about the role of the children’s guardian here and the social worker could give you the contact details for him or her.

I hope this information was useful to you. Please feel free to post here again if you have further questions.
There are also many alternative ways to contact Family Rights Group if you seek further advice in the future:

• A free telephone advice line open Monday to Friday between 9.30am and 3pm (excluding Bank Holidays) on 0808 801 0366
• Easy-to-follow online information. Features include an A-Z, FAQs, films, ‘top tips’ and legal advice sheets;
• A webchat service where you can message an adviser online, who will help you find information and advice to support you.
• Complete the advice enquiry form to request an email response within 5 working days

Best wishes,
Suzie