What is Parental Responsibility?
Parental Responsibility has been defined as
all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his or her property. Parental Responsibility gives a parent legal rights in respect of the child.
The following are likely to be the most important things that a person with Parental Responsibility will be able to do for the child:
- Providing a home for the child
- Having contact with the child
- Protecting and maintaining the child
- Disciplining the child
- Determining and providing for the child’s education
- Determining the religion of the child
- Consenting to the child’s medical treatment
- Naming the child or agreeing to the child’s change of name
- Consenting to the child’s marriage
- Agreeing to the child’s adoption
- Vetoing the issue of the child’s passport
- Taking the child outside the jurisdiction of the UK and consenting to the child’s emigration
- Administering the child’s property
- Representing the child in legal proceedings
- Appointing a guardian for the child
- Burying or cremating the child’s corpse
- Allowing the child to be interviewed
- Allowing confidential information relating to the child to be disclosed
The exercise of Parental Responsibility More than one person may exercise Parental Responsibility for the same child at the same time.
When more than one person has Parental Responsibility they can act alone unless there are specific provisions in law which require the consent of more than one person, for example, for adoption. The courts will expect a parent to consult others with Parental Responsibility on major decisions concerning a child, such as a change of school.
People with Parental Responsibility have the same rights as natural parents to receive information from their child’s school, for example, copies of the governors’ annual report, pupil reports and attendance records, to participate in activities, to be asked to give consent for the child to take part in extra curricular activities and to be informed about meetings involving the child.
Under section 3(1)(cc) of the Access to Health Records Act 1990, any person with Parental Responsibility has the right to apply to the holder of health records for access to them, subject to the child’s consent if the child is capable of understanding the application.
You can find more information on Parental Responsibility from the
Parentline Plus website.