Parental Responsibility

Legal Parental Responsibility: Please read the text below and make sure your child’s consent form is signed by the appropriate person.

Parental Responsibility 

Parental responsibility includes the right of parents to consent to treatment on behalf of a child when the child is unable to provide valid consent for themselves, provided the treatment is in the interests of the child.

Those with parental responsibility have a statutory right to apply for access to their children’s health records, although if the child is capable of giving consent, he or she must consent to the access.

The Children Act 1989 outlines who has parental responsibility. This includes:

  • A mother always has parental responsibility for her child.

  • A father only has this responsibility if he is married to the mother when the child is born or has acquired legal responsibility for his child by:
    • Jointly registering the birth of the child with the mother (since December 2003).
    • A parental responsibility agreement with the mother.
    • A parental responsibility order, made by a court.

  • The child’s legally appointed guardian – appointed either by a court or by a parent with parental responsibility in the event of their own death.

  • A person in whose favour a court has made a residence order concerning the child.

  • A local authority designated in a care order in respect of the child (but not where the child is being looked after under section 20 of the Children Act, also known as being ‘accommodated’ or in ‘voluntary care’).

  • A local authority or other authorised person who holds an emergency protection order in respect of the child.

  • Foster parents, grandparents and indeed parents under the age of sixteen do not automatically have parental responsibility. In the latter case, the individual needs to be deemed Fraser competent before they can give consent on behalf of their child.

  • Children who are wards of court will need to have their ‘important steps’ approved by the court. It is helpful to keep a copy of the ward papers with the medical records, as this will act as a guide as to what routine treatment can be offered without reference to the court.

Where doctors believe that parental decisions are not in the best interests of the child, it may be necessary to seek a view from the courts, whilst meantime only providing emergency treatment that is essential to preserve life or prevent serious deterioration