Parental Responsibility Policy

This policy sets out how I approach parental responsibility when working with families and children. It is designed to ensure that I operate fairly, lawfully, and in the best interests of the child, in line with current safeguarding guidance and family law.

Definition of Parental Responsibility

Parental Responsibility is defined in the Children Act 1989 as “all the rights, duties, powers, responsibilities and authority which by law a parent has in relation to the child and their property.” This typically includes decisions about education, health care, and general welfare.

The following individuals may have parental responsibility:

  • Birth mothers automatically.

  • Fathers married to the mother at the time of birth.

  • Unmarried fathers (if named on the birth certificate after 1st December 2003 in England and Wales).

  • Legal guardians or those granted Parental Responsibility by the court.

  • Local authorities (where a care order is in place).

Establishing Parental Responsibility

At the outset of any work involving a child or young person, I will:

  • Request clear information about who holds parental responsibility.

  • Ask for contact details for all parties with parental responsibility.

  • Seek confirmation of any court orders or legal arrangements that may affect how decisions should be made.

It is the responsibility of parents/carers to keep me updated about any changes to this information.

Consent and Communication

I require the informed consent of at least one individual with parental responsibility before commencing any direct work with a child or young person. Where possible and appropriate, I will encourage collaborative working between all parties holding parental responsibility, in the best interests of the child.

I will:

  • Share relevant information with all parents who have legal parental responsibility, unless prevented by a court order or safeguarding concern.

  • Respect a child’s right to privacy and autonomy in line with their age, understanding, and wishes, particularly in accordance with Gillick competence and Fraser guidelines.

  • Prioritise the child’s safety, wellbeing, and best interests in all decision-making.

Managing Disagreements Between Parents

Where disagreements between parents exist regarding my involvement or the nature of the support provided:

  • I will remain impartial and child-centred in all communication and actions.

  • I will not act as a mediator between parents.

  • If a dispute about consent arises and is unresolved, I may need to pause or discontinue involvement until a mutual agreement or legal resolution is reached.

Safeguarding

Where there are safeguarding concerns, the welfare of the child is paramount. I reserve the right to take appropriate action, including contacting external safeguarding agencies, in accordance with statutory guidance.