For educational provision who is a parent, parental responsibility and having care of a child.
Why a definition of parent for educational provision is important
If your child's school attendance is considered to be irregular, or if they have had 10 or more session, 5 days of unauthorised absence within a 10 week period we may consider taking legal action against you, as the parent of the child. This could be by:
- prosecution
- penalty notice
There is often confusion as to who can be considered to be a ‘parent' in relation to education matters.
Educational Provision
Section 7 of The Education Act 1996 states that:
The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable:
- to their age, ability and aptitude
- to any special educational needs they may have
- either by regular attendance at school or otherwise
Who is a parent
Section 576 of the Education Act 1996 defines 'parent' as:
- all natural (biological) parents, whether they are married or not
- any person who, although not a natural parent, has parental responsibility for a child or young person
- Any person who, although not a natural parent, has care of a child or young person
Who has Parental Responsibility
Having parental responsibility means assuming all the rights, duties, powers,responsibilities and authority that a parent of a child has by law. See Who has Parental Responsibility (GOV.UK)
People other than a child's natural parents can have parental
responsibility through:
- being granted a residence order
- being appointed a guardian
- being named in an emergency protection order, although parental
responsibility is limited to taking reasonable steps to safeguard or promote the child's welfare - adopting a child
Having care of a child
Having care of a child or young person means that a person who the child lives with and who looks after the child, irrespective of what their relationship is with the child, is considered to be a parent in education law.
This could be shown by:
- interaction with the school such as attending meetings, making phone calls,being on the School's record as being involved in whatever capacity
- residence with the child where, for all intents and purposes, the person is part of the family;
- a man or woman married to a parent of a child
Who we can take legal action against
We can take legal action against any adult who has significant input to a child's life who is a parent, has parental responsibility or who has care of a child if they are failing in their duties to make sure the child is receiving their educational entitlement and the school can show that they have actively engaged them in efforts to improve the poor attendance.