Parental Responsibility

Who has parental responsibility?

• Natural birth mother unless the pupil is adopted.
• Natural birth father if the parents were married at the time of the pupils birth.
• Unmarried birth fathers who have legally gained the status of 'parental responsibility' by subsequent application at the time of the birth or through other legal application.
• Anyone who has a residence order stating where and with whom the pupil should live (this may be a member of the extended family or other person).
• Children's Services if the pupil is subject to a care order.     

Why is parental responsibility important?

People who have parental responsibility for a pupil: 

• Have the right to access pupils records.
• Have the right to be kept informed of the pupils progress.
• Could give permission for residential trips.
• Can give consent to medical treatment of pupils etc.
• Must agree before a pupil can change their surname.
• May need to give agreement to changing a pupil's school.     

Who is a 'parent' in relation to education legislation?

Section 576 of the Education Act 1996 defines the term parent as: 

• All natural parents married or not.
• Any person who has got 'parental responsibility'.
• Any person without being a natural parent or having 'parental responsibility' whom has care of the pupil.
  

Adults who do not have 'parental responsibility' can be prosecuted for non-attendance or have a school attendance order served on them.

Can any 'parent' change a pupil's name?

All schools must be aware that the pupil should be registered on the school admissions roll in the name that is on the birth certificate even if the pupil has been known under a different name.

A pupil's surname can only be changed: 

• By full written agreement with all those who have 'parental responsibility'.
• By deed poll.     

Schools should be aware that recent case law determined that the main carer could not simply decide that the pupil is known by another surname.

Where the welfare of the pupil is at risk then the pupil can have two surnames in the school register the first being the name on the school roll, the second being the name the pupil needs to be known by.