Definition of a parent: parental responsibility

Adults who have a significant input to a child’s life:

• are a “parent”
• have “parental responsibility”
• have “care of a child”

The school needs to prove it's tried to engage these people, to improve poor attendance.

Once proven, we can take action against those who are failing in their duties.

Confusion about being a parent

There's confusion amongst some parents about parental responsibility. Some claim they have no parental responsibility, so can't be fined or prosecuted.

We'd like to clarify the legal definition of "parent". We'd also like to give some helpful pointers, which may assist future work with families.

Schools must, by law, have a wide range of dealings with pupils' parents.

But the question "Who are a pupil's parents?" is not always as straightforward as it sounds.

Schools can find themselves caught up in disputes between people who each claim to have parental responsibility for the same child.

This is intended as helpful guidance for schools, but should not be treated as a complete and authoritative statement of the law.

Definition of a parent

So, who is a "parent"?

Section 576 of the Education Act 1996 defines a “parent” as:

• all natural (biological) parents, whether they're 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

Who has “parental responsibility”?

(The Children Act 1989)

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 have 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

If the child's parents were not married to each other when the child was born, the mother has parental responsibility.

The father only does (from 1 December 2003) by registering the birth of the child with the mother. He can get parental responsibility later by various legal means.

What does having “care” of a child mean”?

Having care of a child means a person lives with and looks after the child. Regardless of their relationship is with the child, they are a parent in education law.

This could be:

• attending school meetings
• making phone calls to the school
• being on the school’s record as a primary contact (in whatever capacity) etc.
• living with the child where, for all intents and purposes, the person is part of the family
• someone married to a parent of a child

Ask yourself:

• are they listed on school records?
• does the school have contact details for them?
• do they meet with teachers or attend parents’ evenings?
• are they involved with the measures designed to improve attendance?
• do they contact the school if the child is ill?
• do they live with the child?
• how long has the school known of their connection with the child?
• do they drop off and collect the child from school?
• are they married to a parent of the child?

It would not be appropriate to assume that someone having a casual relationship with the parent of a child has ‘care of the child’. This is unless we have cause to believe the person has some involvement with the child’s life.

Living with the child could be a determining factor as could the other examples outlined above.

Educational provision

The Education Act 1996, section 7, states that:

The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable – to his age, ability and aptitude, and to any special educational needs he may have, either by regular attendance at school or otherwise.