Family values in the classroom? reconciling parental wishes and children's rights in state schools

This article examines the extent to which the law should permit divergence in various aspects of state education by allowing schools to accede to a parent's request for different treatment for his or her child. With a view to this the article explores some of the areas where contention is likely to occur; describes the current legal frameworks for responding to these requests; and articulates the competing rights and interests at stake when a parent makes a request for his or her child to be exempt from part of the education on offer at a publicly funded school. It emerges that the current legal responses are not only inconsistent but are also in many instances incompatible with the United Kingdom's international human rights obligations. The article concludes by suggesting a new model for the resolution of these disputes which provides a mechanism for balancing parents' wishes with children's rights and the broader public interests at stake.