Father fails in High Court bid to block daughter attending St Cuthbert’s College

St Cuthbert's College is one of New Zealand's best-performing schools for academic results. Photo / St Cuthbert's

A father has unsuccessfully attempted to block his daughter from attending one of the most prestigious private girls' schools in the country, a move her mother says would have been spurning a “golden ticket”.

Last year, a Family Court judge ruled that the girl attend St Cuthbert’s College in Auckland, despite her father’s objections that it was “elitist” and mainly attended by children from privileged backgrounds. He instead wanted her to attend a state school.

The man, who was given the pseudonym David Russell* by the court, then appealed the ruling and emphasised his concern that the school was a religious institution and he didn’t want any of his children brought up in a religious environment.

By contrast, his ex-wife Jane York* told the court that attending St Cuthbert’s was “like a golden ticket” for her daughter with smaller class sizes, better facilities and outstanding academic results.

St Cuthbert’s is the top girl’s school in the country, according to the New Zealand Herald’s analysis of schools ranked by University Entrance. According to that data, 94.1% of students gained University Entrance, which is generally considered the best measure of educational attainment.

By contrast, just over half of students at the state school where Russell wanted his daughter to attend obtained university entrance.

In a recently released ruling from the High Court in Auckland, Justice Gerardus van Bohemen said he needed to consider what was best for the child rather than what each parent wanted and that in this case, St Cuthbert’s was the best option for her.

St Cuthbert's College is an independent day and boarding school for girls in Epsom, Auckland. Photo / Google

Golden ticket

According to submissions made to the court, York felt St Cuthbert’s would allow her daughter to fulfil her academic potential in a way a state school environment could not.

York said smaller class sizes, impressive facilities, outstanding academic results and better-quality teaching are some of the hallmarks of a St Cuthbert’s education and that, coupled with wraparound pastoral care and co-curricular opportunities, meant she believed her daughter would flourish.

York suspected her daughter might also have a mild learning disability and that St Cuthbert’s would be better able to cater for those needs.

By contrast, Russell disagrees that private education is inherently better than that of a public school and that state education offers more to help produce a rounded person.

Russell views St Cuthbert’s as an elitist school, which is attended mainly by children from privileged backgrounds. He was concerned the school is separated from and is not representative of the general make-up of New Zealand society and has values that do not accord with his own.

As part of his submissions, Russell said that he feared his daughter would experience anxiety because of the social and economic differences between her and other students at the school.

He was also opposed to the Christian overtones at St Cuthbert’s, though York submitted its chapel services were only once a term and it had no religious education.

Russell and York have another child who attends a public school and Russell said it would be unfair for one to attend a state school, and the other one of the “wealthiest, most exclusive, private and privileged religious schools in the country”.

When the matter was before the Family Court, the pair’s daughter said, through her own appointed counsel, that she didn’t mind either way. However, by the time the matter reached the High Court, she was in favour of going to St Cuthbert’s.

Girls tend to do better at single-sex schools

Last year a Family Court judge ordered that the girl attend St Cuthbert’s and that York would be solely responsible to pay for her fees.

That judge said it was clear Russell equated St Cuthbert’s with the disparity in wealth in New Zealand society and said his opposition appeared to be premised on a concern about where he fitted within societal norms and how her attendance could affect him.

Justice van Bohemen upheld that judgment in a recently released ruling and noted that when he applied the Care of Children Act, his focus had to be on the welfare of the child, rather than the interests of the parents.

“While the Family Court judge was somewhat impatient with Mr Russell’s objection to the perceived socio-economic status of St Cuthbert’s students, I accept that this is a genuine concern for Mr Russell, and I understand the reasons for it,” Justice van Bohemen said.

“The fact one’s child attends a school in which they will be associating with children of more privileged backgrounds can create expectations or hopes on the part of the child that a parent is unable or unwilling to fulfil.”

However, Justice van Bohemen said that for Russell to insist on his views about schooling would be putting his issues above his daughter’s interests and effectively giving him a “veto” that he didn’t have the right to.

“I also accept, however, that, whatever her learning issues, [the girl] is likely to be better supported at St Cuthbert’s, with its smaller roll and class sizes and better resources,” he said.

“The established finding that girls tend to do better at single-sex schools is also a factor in favour of St Cuthbert’s.”

Russell’s appeal of the Family Court judgement was dismissed.

*All names have been changed by the courts.

Jeremy Wilkinson is an Open Justice reporter based in Manawatū covering courts and justice issues with an interest in tribunals. He has been a journalist for nearly a decade and has worked for NZME since 2022.