We are sorry to hear about the difficulties over agreeing on a choice of school for your son.
If you and your ex-husband cannot reach an agreement over whether your son should be educated privately then you can make an application to court for a specific issue order. The court would then decide on the school your son should attend.
When considering the court application the court would decide on the choice of school based on what the judge believes would be in your son’s best interests.
You are right to look at Ofsted reports in order to compare schools but you should also look at private schools and their pastoral care as you say your son is sensitive. That is so you can balance educational and pastoral needs. The court would carry out this exercise when looking at what is in your son’s interests so it is helpful if you can present the court with your research into the specific schools.
If your ex-husband says that he will not pay the school fees even if a court decides that it would be better for your son to be educated privately, you can apply for a school fees order.
Court applications do take time to get to a final hearing. Therefore, as your son is ten and getting to secondary school age, I would encourage you to get advice now so that any application to court is made in plenty of time so your son can start his secondary education at your chosen school.
To discuss your situation and your options, we would need to see you. We can give you expert children law advice and advise you on the best way forward. Please call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.