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Parental Responsibility
Introduction
Schools are required by law to have a wide range of dealings with pupils' parents. The question "Who are a pupil's parents?" is, however, not always as straightforward as it sounds. Additionally, schools can sometimes find themselves caught up in disputes between a number of adults each claiming to have parental responsibility for a child.
The Schools, Parents and Parental Responsibility (Ref: DfEE 0092/2000) guidance: (See note linked below)
- Explains who is a parent for the purposes of education legislation;
- Provides a brief description of court orders which settle areas of dispute about a child's care and upbringing and which can limit an individual's parental responsibility;
- Sets out general principals to guide schools as to who they must involve in issues about a child's education and school matters.
Who is a "Parent"?
Section 576 of the Education Act 1996 defines parent as:
- All natural (biological) parents, whether they are married or not;
- Any person who, although not a natural parent, has parental responsibility for a child or young person;
- Any person who, although not a natural parent, has care of a child or young person.
Parental Responsibility
Having parental responsibility means assuming all the rights, duties, powers, responsibilities and authority that a parent of a child has by law. People other than a child's natural parents can acquire parental responsibility through:
- Being granted a residence order
- Being appointed a guardian
- Being named in an emergency protection order (although parental responsibility in such a case is limited to taking reasonable steps to safeguard or promote the child's welfare)
- Adopting a child.
In addition, a local authority can acquire parental responsibility if it is named in the care order for a child.
General Principles for Schools
Everyone who is a parent, whether they are a resident or non-resident parent, has the same right to participate in decisions about a child's education and receive information about the child. However for day to day purposes, the school's main contact is likely to be the parent with whom the child lives on school days.
School and LEA staff must treat all parents equally, unless there is a court order limiting an individual's exercise of parental responsibility. Individuals who have parental responsibility for, or care of, a child have the same rights as natural parents, for example:
- To receive information, e.g. pupil reports
- To participate in activities, e.g. vote in elections for parent governors
- To be asked to give consent, e.g. to the child taking part in school trips
- To be informed about meetings involving the child, e.g. a governors' meeting on the child's exclusion.
The welfare of a child will be the paramount consideration for schools. However, where a parent's action or proposed action conflicts with the school's ability to act in the child's best interests, the school staff should try to resolve the problem with that parent but should avoid becoming involved in the conflict.
Guidance
The full guidance, Schools, Parents and Parental Responsibility (Ref: DfEE 0092/2000). Note to the schools' guidance (http://www.dcsf.gov.uk/publications/
guidanceonthelaw/dfeepub/jun00/050600/index.htm)
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