What is Parental Responsibility?
Parental Responsibility is defined in the Children Act 1989 as the ‘rights duties, powers responsibilities and authority’ which a child’s parent obtains, by law, in relation to the child. Essentially it is the responsibility and ability to make decisions in relation to the child. This can be for example, whether they are baptised, what school they attend or whether they should have a medical procedure.
Who has Parental Responsibility?
When a child is born their mother automatically acquires parental responsibility. Fathers who are married to the mother, or registered on the child’s birth certificate, also have parental responsibility. It is also possible for a Local Authority to be granted parental responsibility.
How does a Local Authority obtain parental responsibility?
A Local Authority can apply to temporarily share parental responsibility in circumstances where a child requires urgent short-term protection. This can be due to the child facing imminent danger of physical, mental or emotional harm and the circumstances constitute a genuine emergency. In these circumstances the Local Authority will apply for an Emergency Protection Order (EPO) which will grant them parental responsibility, and enable the child to be removed from their current living arrangements. An EPO lasts for eight days, this can be extended for up to seven more days on application to the court if there is a significant risk of harm to the child.
If parental responsibility is required for a longer period of time a Local Authority can apply for a Care Order, and an interim care order in the meantime whilst assessments are ongoing. The court will make this order if they are satisfied that the child is either suffering, or is likely to suffer significant harm, if the order were not made, or that the child is beyond parental control.
What is the effect of the Local Authority sharing parental responsibility?
If the Local Authority acquires parental responsibility, the child’s mother (and father if fulfilling the above criteria) will still have parental responsibility for the child. Acquiring parental responsibility for a child places a duty on the Local Authority to look after a child, to safeguard and promote their welfare. This may include, if necessary, asking the court to approve the child’s placement in alternative accommodation. When making decisions regarding the child, the Local Authority must ascertain and give consideration to the wishes and feelings of the child. They must also consider those with parental responsibility, and keep any individual with parental responsibility informed as to the child’s welfare, and what decisions are being taken in relation to them.
How can we help?
If you need further information about a child protection plan, please contact our experienced care proceedings and children services team who can help you with any queries or concerns. Contact our team, on our dedicated helpline 0161 694 4149 or email newcareenquires@bromleys.co.uk for your free initial telephone discussion. If you prefer, you can fill in our online form or alternatively, you can email us at bromleys@bromleys.co.uk.