In a Nutshell: Parental responsibility

What is parental responsibility?
According to Section 3(1) of the Children Act 1989, parental responsibility means “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.” While the law does not define in detail what parental responsibility entails, the government has clarified some key roles for those with parental responsibility: providing a home for the child; protecting and maintaining the child; disciplining the child; choosing and providing for the child’s education; determining the religion of the child; agreeing to the child’s medical treatment; accompanying the child outside the UK; and appointing a guardian for the child if necessary.

Those with parental responsibility have the legal powers to make decisions regarding the upbringing of their child. Schools and local authority staff are required to treat all parents with parental responsibility equally, regardless of who the child lives with. All such parents have a right to participate in decisions about the child’s education (i.e. to receive information about the child such as pupil reports), unless there is a court order limiting the parent’s exercise of parental responsibility. On certain specific, discrete issues, parental responsibility can be delegated.

Who has parental responsibility?
Birth mothers automatically have parental responsibility as do birth fathers who are married to birth mothers; they do not lose it after divorce, even if they do not reside with the child. Parents in this situation do have a legal right to see the child, but this right is not absolute. The resident parent is expected to keep the non-resident parent abreast of the child’s development and wellbeing, though interactions need not occur daily. Since 1 December 2003, unmarried fathers can have parental responsibility if they jointly register the birth with the mother. Second mothers can also have parental responsibility if they are named on the birth entry.

Is it possible to acquire parental responsibility?
Unmarried birth fathers do not have automatic parental responsibility, but can obtain it by filing a parental responsibility agreement with the mother, obtaining a parental responsibility order through a court, or by marrying the birth mother. Step-parents can also obtain parental responsibility if agreed by the child’s mother and other parent, if that person has parental responsibility for the child, or through a court order.

People other than a child’s parents can acquire parental responsibility, such as through a special guardianship order. Appointed guardians acquire parental responsibility, as do persons who are granted a residence order for a child. If a person is named in an emergency protection order, they will acquire parental responsibility, but in this case responsibility is limited to “taking reasonable steps to safeguard and promote the child’s welfare”. The local authority can acquire parental responsibility for the child if a care order is made. Adoption extinguishes all parental responsibility and vests it in the adopters.