Parental responsibility

The legal rights and duties of a parent. It decides who the school must deal with.

What it is

Parental responsibility is the set of rights, duties and authority a parent has for a child. Mothers have it automatically; fathers have it if married to the mother at birth, named on the birth certificate after December 2003, or by agreement or court order.

Where it applies

Anyone with parental responsibility, plus in education law a wider definition: schools must treat as a parent anyone who has care of the child.

How it works

Schools must provide information to all parents with parental responsibility, including a separated parent living elsewhere, unless a court order says otherwise.

More than one person can hold it. Consent for most decisions can be given by one, though some — changing a child's name, taking them abroad long term — need everyone's.

What you can ask for

Ask the school to send reports and information to both parents where both have parental responsibility. Schools frequently default to one address and must correct it on request.

Ask for a court order to be recorded if one limits contact or information.

Where parents disagree about a school decision, the school will generally act on the request of a parent with parental responsibility and may ask for a court order to resolve a genuine conflict.

Where to get help

GOV.UK on parental rights, and Child Law Advice from Coram Children's Legal Centre for disputes.