Why Independent Schools Should Require Both Parents to Sign Enrolment Forms
As many independent schools are aware, the enrolment process is more than a simple administrative formality — it is a contractual relationship with the family. One critical component of this process is ensuring that both parents or guardians sign the enrolment agreement, except in cases where a child has only one parent or there are court orders limiting parental responsibility. Here’s why this requirement is not only best practice but a necessary safeguard for schools.
Protecting the School from Family Disputes
Requiring both parents to sign the enrolment documentation helps shield the school from being drawn into family law disputes. Schools are often unintentionally caught in the crossfire when one parent enrols a child without the knowledge or consent of the other. This can lead to conflict, confusion, and potential distress for the child and staff alike.
By clearly stating in your enrolment policy that both parents must sign the enrolment agreement — unless court orders dictate otherwise — schools place the onus back on the parents to resolve any disagreements. This clear boundary reduces the risk of the school being seen as favouring one parent over the other and provides a contractual basis for dealing with both parties equally.
Financial Clarity and Accountability
Another important aspect of dual signatories is the establishment of joint and several liability for school fees. This means that either parent can be held individually responsible for the full amount, even if they’ve agreed privately (or via court order) to split the fees.
From a legal standpoint, this offers a critical fallback mechanism. While a court order may specify that Parent A pays 60% and Parent B pays 40%, the school is not a party to that order and cannot enforce it. However, if both parents have signed the enrolment agreement accepting joint and several liability, the school has more robust options to seek payment if one party defaults. This arrangement also gives the paying parent stronger motivation to enforce court orders themselves.
Ensuring Transparency and Consent
A requirement for both signatures ensures that both parents are aware of and agree to the enrolment and the associated terms — such as the fee schedule, expectations of conduct, and withdrawal policies. This is particularly important in a digital age where applications can often be submitted online. For example, many schools now prevent submission of the final enrolment application unless both parents have signed the physical or digital form.
In short, requiring both parents to sign isn’t just a bureaucratic checkbox — it’s a vital tool for managing legal risk, promoting clear communication with families, and ensuring financial accountability.
Practical Tips for Implementation:
- Include a clause in your enrolment policy requiring both parents to sign, with exceptions clearly outlined for sole parenting or relevant court orders.
- Ensure enrolment forms (digital and hard copy) require both signatures before submission is accepted.
- Make fee liability clauses clear, and consider legal review of enrolment documents to ensure enforceability.
If you’d like assistance reviewing your enrolment policy or would like advice on managing tricky family dynamics in the context of school obligations, please feel free to get in touch with the team.
