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Parental Responsibility And Legal Responsibility


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Posted

Hi could anyone shine any light on the above with regards to safeguarding children what is the difference between legal responsibility and parental responsibility

 

Thanks

Posted

Not totally sure, but I believe that parental responsibility is applicable for anyone assuming the role of 'parent' for a child. This could be grandparents or where a child is staying with someone, either a family, or non-family member. It assumes that someone is fulfilling the role of parent - doing the things which a parent would do for a child on a day-to-day basis.

 

Legal responsibility is more about statutory children's rights, I think. An absent father may have a legal responsibility to provide financial support etc to ensure that the child is nourished, clothed, housed etc.

 

There is a legal responsibility for parents to ensure that their child is nourished, clothed, educated, housed etc.

 

Rambling a bit now, and i'm sure someone more knowledgeable will be along in a minute!

Posted

An absent parent who has their name on the birth certificate has parental responsibility!!

Posted
An absent parent who has their name on the birth certificate has parental responsibility!!

Thats if the parents are married but before Dec 2003 only the mother automatically has parental responsibility if the couple are not married.

Posted

Hi can anyone confirm the difference between parental responsibility and legal responsibility as far as

childminders go as ofsted seem to be pin pointing this when doing inspections under the safeguarding section

 

Many thanks

Posted
Hi Kiverpool,

 

I've merged your two topics together since they are on the same subject. :o

 

Thank you - still getting to grips with the website.

Posted

I rang Ofsted and NCMA regarding this matter last week.

Ofsted told me that this was only a concern if the parents are seperated, in which case I needed a written signed statement from both parents to state who has parental responsibility and who has legal contact. I am not confident with what Ofsted told me as I know Inspectors are picking up on this at the moment.

NCMA told me that they will be changing the contract forms to comply with this matter.

Posted
I rang Ofsted and NCMA regarding this matter last week.

Ofsted told me that this was only a concern if the parents are seperated, in which case I needed a written signed statement from both parents to state who has parental responsibility and who has legal contact. I am not confident with what Ofsted told me as I know Inspectors are picking up on this at the moment.

NCMA told me that they will be changing the contract forms to comply with this matter.

 

Mustangsally is right. A child born to unmarried parents before Dec 03 - Mother has automatic PR but dad had to apply.

After Dec 03 both parents have PR but you may need to clarify who collects etc. If a parent says the other one isnt allowed to collect be careful to check any legalities in this. You cant go on a parents say so if the child is born after Dec 03. You would need to see a court order.

Posted
You cant go on a parents say so if the child is born after Dec 03. You would need to see a court order.

I came unstuck a few years ago with this - had assumed that unmarried parents of a child were both the biological parents (because I hadn't been told otherwise) until the child's biological father turned up. Changed my registration paperwork to ask explicit questions about who has parental responsibilities for the child pretty smartish!

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