The law says schools must register the names of all actual parents if married, because they each hold Parental Responsibility for their children. Parental Responsibility never ends even if the parent no longer lives with the child, unless there has been an adoption. It is still held by each parent, even if they are separated or divorced. The law also says schools must register the names of any other person having parental responsibility for a child.
The law also says that people who care for children but do not have Parental Responsibility, e.g. step-parents, other relatives or foster parents should take sensible everyday decisions for their best welfare.
Schools cannot care for your child properly unless they know who, under the law, has responsibility and authority for him/her, and where they live.
What is parental responsibility?
How can I get parental responsibility?
Why is getting parental responsibility important?
Why do schools need to know who has parental responsibility?
Where can I get further advice?
What is parental responsibility?
Parental responsibility is all the RIGHTS, DUTIES, POWERS. RESPONSIBILITIES AND AUTHORITY which by law a parent of a child has in relation to the child and his/her property.
Children (Northern Ireland) Order 1995 Article 6(1).
How can I get parental responsibility?
When actual parents are unmarried the law says only the mother has parental responsibility for the children, but an unmarried father can get his share of parental responsibility either by:-
- jointly registering the birth of the child with the mother (applies on or after 15 April 2002)
- marrying the mother
- signing a legal agreement with the mother
- getting a Parental Responsibility Order from the court
Other adults who live with the child, like step-parents or grandparents can get a share in Parental Responsibility by asking the court for a Residence Order. This gives them responsibility and authority for the child as long as they stay living together.
The original parents only ever lose their share of Parental Responsibility when their child is adopted. They always hold Parental Responsibility however many other people share it with them.
Why is getting parental responsibility important?
You are able to have a say in decisions about the children in your family. Schools have to consult with you first when making decisions on such things as admissions, transfer. GCSE options etc.
It will help teachers, doctors and others to know who to contact when decisions have to be made.
It can strengthen the relationship between you and the children you look after.
Why do schools need to know who has parental responsibility?
The law says schools should keep persons with parental responsibility informed about their children’s education by:-
- sending them all copies of their child’s annual report
- inviting them all to the school to discuss their child’s progress
- involving them all in decisions about their child’s education
The law says that all persons with parental responsibility for a particular child must be treated equally.
Where can I get further advice?
If your family includes step-parents or unmarried fathers who would like to know how to get PARENTAL RESPONSIBILITY ask at your:
- Citizen’s Advice Bureau
- Law Centre / Solicitor
- County or Magistrates Court
Your school’s Education Welfare Officer can also help you to find the right advice.
