Parental Responsibility
The Children Act 1989 replaced the many different laws on parental rights and duties with a single concept of "Parental Responsibility". It also introduced changes about who has parental responsibility, how it can be gained and lost, and the way it can be shared. A Court Order may also limit the exercise of parental responsibility.
The Act requires all those with parental responsibility to be treated equally, (eg able to receive school reports on the child), and to be consulted about all major decisions affecting their child for example; about a change of school, deciding to educate their child at home or, consideration for a Statement of Special Educational Need, etc, unless limited by a Court Order.
The onus is on you to ensure that either:
- The school is informed of anyone with parental responsibility relating to the child and about any Court Orders in operation; and
- You consult with, and keep the person with parental responsibility informed about, issues relating to your child's education.
The Act has major implications for schools and the Local Authority. It will be necessary for schools periodically to ask you to provide them with information about who may have parental responsibility for your child and whether this is limited by a Court Order. They will also need to see documentary evidence if necessary. Please provide the information requested so that schools may comply with their legal responsibilities. Information provided will be dealt with in the strictest confidence.
If you believe the Children Act, and particularly the law relating to parental responsibility, may affect you, you may need to seek legal advice. If you require any advice about your responsibilities related to your child's education you may also wish to contact the Education Welfare Service tel: (01302) 737845.
