Parental Responsibility: Sharing with the Local Authority

The Local Authority can share parental responsibility with parents. This happens when the Court has granted an Interim Care Order or a Final Care Order. Family Law Solicitor Lauren Richards discusses sharing parental responsibilities in her latest blog…

When a child is born the mother of the child will have automatic parental responsibility – this gives her legal rights and responsibilities in respect of her baby.

The situation is different for the father of the child as he does not automatically have parental responsibility unless he is married to the mother at the time the child is born.

He must obtain it either through agreement with the mother that his name is placed on the birth certificate or through a Court Order. Others can acquire responsibility through Court orders, but in this blog I will refer only to parents as this is the most usual situation I come across.

Why &When will the Local Authority share Parental Responsibility?

The Local Authority can share parental responsibility with parents and that is when the Court has granted an Interim Care Order or a Final Care Order. To share parental responsibility, the Local Authority will have to issue care proceedings and apply for an Interim Care Order.

Some parents think that their parental responsibility is lost when the Court makes an Interim Care Order; this it is not the case.

The Children Act 1989

The Children Act 1989 sets out very clearly that any Local Authority which shares parental responsibility with a parent should keep them informed as to any issues relating to the child’s welfare and any important decisions which need to be made in the child’s life if they share parental responsibility. This includes circumstances where the child needs medical treatment, education and progress at school and issues about who the child has contact with.

The Local Authority cannot and should not be making decisions about a child’s welfare without first speaking to a parent. It may be that the parent and the Local Authority do not agree with the way forward. If this is the case, then a parent has a right to challenge the Local Authority by making an application to the Court and seeking a decision from the Judge. This often happens where contact arrangements are not agreed. In the first instance, it is always best for a parent to contact their Solicitor who will take up the matter with the Local Authority and try to resolve the issue without the need for the matter to return to Court.

Parents must be invited to ‘Looked After’ children’s meetings or if their child is subject to a safe guarding plan then attendance at child protection meetings and reviews is necessary. The parents views and wishes are important. Outside of these meetings the social worker whom has case management must keep those with parental responsibility informed of any developments in the child’s care and must obtain their views about these issues.

Often parents will say that they have not been contacted by the social worker to discuss matters before they happen. Unless there is a real emergency and the Local Authority has to take immediate action – this should be the exception and not the rule.

How Can Timms Help?

If you require any further information in regards to sharing parental responsibility with the Local Authority, please contact me on freephone 0800 011 666 or via email l.richards@timms-law.com.

Lauren Richards