Dealing with Parental Responsibility disputes

Schools can sometimes find themselves in the middle of disputes between parents. This information page is to provide advice to schools on parental disputes and relevant court orders.

This guide applies to both maintained schools and academies

There is advice published by the Department of Education advising schools how to deal with issues relating to Parental Responsibility. 

Who is a parent?

A parent is recognised differently in Education Law than Family Law. A parent in Education Law is defined by Section 576 Education Act 1996 as

• All birth parents whether they are married or not
• Any person who has Parental Responsibility for a child
• Any person who has care of a child

What is Parental Responsibility?

Parental Responsibility is defined in s.3(1) Children Act 1989 as being:

“all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”.

There are certain decisions in a child’s life where those persons with Parental Responsibility can have a say regarding these. These decisions include:

• Determining the religion the child should be brought up with. Where there is a mixed cultural background this should include exposure to the religions of all those with Parental Responsibility until the child can reach an age where he/she can make their own decision on this. 
• Determining the child’s education and where the child goes to school.
• Choosing, registering or changing the child’s name.
• Appointing a child’s guardian in the event of the death of a parent. 
• Consenting to a child’s operation or certain medical treatment.
• Accessing a child’s medical records. 
• Consenting to taking the child abroad for holidays or extended stays.
• Representing the child in legal proceedings.

Day to day decisions should still be taken by the person that the child lives with.  

Who has Parental Responsibility?

• Mothers automatically have Parental Responsibility
• Married fathers, regardless as to whether they are now divorced
• An unmarried father if one of the following applies
  • His name is on the child’s Birth Certificate and the child was born after December 2003
  • There is a Parental Responsibility Agreement in place between the mother and father
  • There is a Parental Responsibility Order in place granting the father Parental Responsibility
  • There is a Residence Order in place in favour of the father
  • There is a Child Arrangements Order in place stating the child should live with the father
  • Becoming the child’s guardian on the mother’s death 

Other people who can have Parental Responsibility

• If a person has been appointed as the child’s guardian and others with Parental Responsibility have died
• If there is a Child Arrangements Order in place naming the person
• If the person is the child’s Special Guardian
• If the person has adopted the child
• A step parent who has entered into a Step Parental Responsibility Agreement
• A step parent who has obtained a Step Parental Responsibility Order.

It can sometimes be difficult for schools when there is a dispute between parents/carers that involve the child and the school can find itself in a position where two parents/carers are requesting two different things. 

Parents should be treated equally unless there are restrictions in place, limiting a parent’s Parental Responsibility. 

Court orders resolving a parental dispute

There are two court orders that can be obtained to resolve disputes regarding particular issues relating to decisions made about a child. If a dispute arises, it would be best practice to determine if there are any court orders in place to see if any restrictions or requirements have been put in place. Schools should request a copy of the order from the parent if it involves the school in some way, i.e. an order preventing a parent from collecting a child from school. 

A Prohibited Steps Order This order puts a restriction on someone’s Parental Responsibility and prevents them from doing something. No step specified by the court can be undertaken by the parent without the court’s consent. An example would be an order preventing a parent from removing a child from the country.

A Specific Issue Order This order gives directions on determining a specific question. For example determining where a child should receive medical treatment. 

What should we do if there is a conflict between parents?

If a dispute arises, a school should consider what is in the child’s best interests. If it is believed that the action the parent is undertaking or considering undertaking conflicts with this, then the school should try and resolve the problem with that parent, but should try and not become involved in the conflict. There may be occasions when a school will need to decline the request of one parent. 

The right to access a child’s records

Under the Data Protection Act  a parent has a right to access a child’s school records. The request from a parent should be in writing. A request for a school record should be fulfilled within 15 school days. A school will still need to provide this information if the child does not want the parent to access the records. It is a legal requirement of the school to provide this information and so if one parent asks the school to prevent another parent from obtaining this information, then the school will need to refuse this request. 

To seek further advice on this you can contact the Information Commissioner’s Office on 0303 123 1113. 

Changing a child’s surname

To change a child’s surname a parent would either need to seek consent from all those who hold Parental Responsibility and change this by deed poll or have the court’s permission. A Specific Issue Order can give directions about a child’s surname.  The school should have on record the child’s full name; this will generally be the child’s legal name. 

A parent can ask that a child be known as a different surname. If this is the case, the school should check to see whether all those with Parental Responsibility agree to this. 

This is a Family Law matter and if there is a dispute between parents, the school should advise them to seek legal advice about applying for a court order to resolve this. They can contact the Child Law Advice Service on 0300 330 5480.

Seeking consent from a parent 

When it is required to seek parental consent for certain activities, the school should seek the consent from the parent whom the child lives with, unless it has been requested by the non resident parent to be asked for consent in all circumstances. There may be some circumstances where the school feel it is necessary to seek consent from both parents. If consent is needed for emergency medical treatment, the school can seek this consent from someone who has care for the child. If there is a dispute between the parents, the school should not become involved in the conflict and may wish to suggest that the parents seek legal advice about applying for a court order to resolve this. They can also contact the Child Law Advice Service on the number 0300 330 5480. 

Collecting a child from school

If there is a dispute about who should collect a child from school, check firstly to see if there are any of the following court orders in place:

A Child Arrangements Order This is an order which can specify where a child lives and when a child has contact with a non resident parent. The order can specify when a parent has contact with a child, where this should take place and can also include whether a parent should be collecting a child from school. 

Contact Order This is an order which was granted before April 2014 which specifies when a child has contact with a non resident parent. 

Residence Order This is an order which was granted before April 2014 determining whom a child should live with. 

These court orders are legally binding between the two parties specified on the order, however the school should ensure as far as practical that the court orders are being complied with. If a parent breaches one of the court orders above, the school will need to advise the parent to seek legal advice about enforcing the order. 

There may be some situations where there are safeguarding concerns regarding a child and so it may not be appropriate to comply with the court order. In these circumstances a school would need to consult their safeguarding policy and should advise the parent to seek legal advice. 

If there are no court orders in place

There is no law to specify where a child resides and when they are to have contact with a non resident parent and so if there are no court orders in place, then it is up to the parents to decide upon these arrangements. As such it would be up to the school to determine whom they should release a child to. A school should refer to their safeguarding and child protection policies when considering this.