Link to our Highways Law Web Site
Education Law at Cavell House - Home
Education Law at Cavell House - About Us
Link to our Parish and Town Councils Web Site
Education Law at Cavell House - Contact Us
Education Law at Cavell House - Children's Rights

Parental Responsibility brings the power to make important decisions affecting a child's education and upbringing. Here are 18 ways in which a person or organisation can acquire Parental Responsibility:

1. Adoption Agency. An Adoption Agency itself has Parental Responsibility, while the child is being placed, or authorised to be placed, for adoption.
2. Adoption Order. An Adoption Order gives Parental Responsibility to the new parents named in the Order.
3. Biological Father. The child's biological father, if, being domiciled in the UK at the time of the marriage, he 'legitimates' his child by marrying the mother, after the child's birth.
4. Biological Mother. The child's biological mother has automatic Parental Responsibility, unless and until an Adoption Order is made.
5. Emergency Protection Order. A person (usually, but not necessarily, a local authority) which has an emergency protection order in respect of the child has Parental Responsibility.
6. Guardian after a Death. A guardian of the child (who was appointed as the guardian with the statutory formality, by a parent, by another guardian or by a special guardian) and who acquires guardianship upon the death of the appointor has Parental Responsibility
7. Guardian. A guardian of the child appointed by the Court has Parental Responsibility.
8. Local Authority. A local authority which has a care order in respect of the child has Parental Responsibility.
9. Married to the Mother. A man who was married to the child's biological mother at the time of the child's birth has Parental Responsibility for the child.
10. Named on the Birth Certificate. A man who is, or becomes, registered (in a joint registration) as the child's father on the child's birth certificate has Parental Responsibility.
11. Man with a PR Agreement. A man with whom the child's mother has made a 'parental responsibility agreement' has Parental Responsibility.
12. Man with a PR Order. A man on whose application the court has made a Parental Responsibility Order has Parental Responsibility.
13. Parental Order. A Parental Order gives Parental Responsibility to the parent(s) named in the Order.
14. Residence Order. A person with an ongoing Residence Order in their favour in respect of the child has Parental Responsibility.
15. Prospective Adopters. Prospective adopters have Parental Responsibility, while a child is being placed with them.
16. Special Guardianship Order. Any person with a Special Guardianship Order in their favour has Parental Responsibility
17. Step-Parent. A 'step-parent' has Parental Responsibility, if he or she is married to, or the civil partner of, another person with parental responsibility and has had that other person's formal agreement.
18. Surrogate Mother. A surrogate mother, who bears the child on behalf of another woman, has Parental Responsibility, unless and until a Parental Order is made.

NOTE 1: The Court can remove Parental Responsibility from any person at any time.

NOTE 2: The definition of a 'Parent' in the Education Acts is much wider than these definitions of a person with Parental Responsibility

Education Law at Cavell House - Exclusion from school
Education Law at Cavell House - Faith Schools
Education Law at Cavell House - Independent Schools
Education Law at Cavell House - Law Books & Articles
Education Law at Cavell House - Maintained Schools
Education Law at Cavell House - Parental Responsibility
Education Law at Cavell House - Safeguarding Children
Education Law at Cavell House - Seminars and Talks
Education Law at Cavell House - Useful Website Links
Email me
nicholashancox.co.uk
© Copyright 2007-2008 Nicholas Hancox Solicitors
Regulated by the Solicitors Regulation Authority