Parental Responsibility

Parental responsibility is a term relevant to all children under the age of 16, where the Mental Capacity Act 2005 does not yet apply. It is most commonly used in adult Care and Support when a child begins the transition process to adult services at an early stage.

Parental Responsibility means all the duties, powers, responsibilities and authority which an adult has by law in relation to a child.

A child's mother always holds Parental Responsibility, as does the father if married to the mother or registered on the birth certificate (after December 2003).

Anyone can apply to the courts for parental responsibility, including a step-parent or a parent’s civil partner. The Local Authority can also acquire parental responsibility through a Care Order, Emergency Protection Order or Interim Care Order. In all cases parents do not lose their parental responsibility and anyone else that has been granted responsibility by the courts share this with them.