Parental Responsibility Issues

Schools often find themselves navigating complex situations involving separated or divorced parents, especially when disputes arise over issues like access to pupil records, surname changes, and general involvement in their child’s education. 

When such issues arise schools should consider the following  summary of the key guidance and legal principles:

Parental responsibility means all the rights, duties, powers, responsibilities  and authority that a parent has in relation to the child.

Under the Children (NI) Order 1995, the following would have parental responsibility:-

• The biological mother
• The father if he was married to the mother at the time of birth, or through a court order or prescribed agreement, or if named on the birth certificate
• Step parents if acquired on foot of a court order
• Those in whose favour a residency order has been made, and which remains in force
• The Health and Social Care Trust on foot of a care order
• Adoptive parents
• Where the birth has occurred in accordance with the Human Fertilisation and Embryology Act 2008

Definition of “Parent” under the Education Orders

Article 2(2D) of the Education and Libraries (NI) Order 1986 gives a broader definition of a parent who would include any person who is not a parent but has actual parental responsibility for the child or who has care of them.  This could include:-

• Grandparents
• Aunts/Uncles/Adult siblings
• Stepparents (where there is no court order giving them parental responsibility)
• Parents of friends

This broad definition ensures that schools engage with all individuals who have a legal or caregiving role in the child’s life. 

• All individuals with PR are entitled to receive information about the child’s education, including school reports, attendance, and progress.
• Schools should provide duplicate copies of reports and letters to both parents unless a court order restricts access
• Details of the formal educational information to be provided to parents by schools is contained in the Education (Pupil Records and Reporting)(Transitional) Regulations (NI) 2007 as amended by the Education (Pupil Reporting) Regulations (NI) 2009. Further information from DE is available at:
  Pupil Reporting Regulations 2009
• Those with parental responsibility may make a data subject access request on behalf of the child for wider information held by a school about a pupil.  The ICO has issued guidance in respect of such requests for educational records which may be found here:
  Accessing pupils' information
  Education data

If in doubt as to whether information may be disclosed on foot of a data subject access request, guidance should be sought from EA Information Governance at infogov@eani.org.uk 

• Schools should not take sides in parental disputes.  Decisions concerning their children should be considered wherever possible as private matters and accordingly parents should be encouraged to agree such decisions between themselves, with the assistance of the family courts if required.
• The welfare of the child is the paramount consideration.
• If a parental dispute does arise, the school should ask the parents for a copy  of any relevant current court order, together with an assurance that the relevant order  remains valid. If there is a Residence Order or other court order, schools may request a copy to guide their actions, but parents may need court permission to share it.
• Where legal proceedings are ongoing and one parent requests a school to prepare a report for court, the school should only do so upon receipt of a court order directing that such a report be supplied by the school for the purpose of those proceedings.
• Schools should seek legal advice or consult EA CPSS if disputes impact safeguarding or wellbeing. 

• A change of surname is a private law matter and should be resolved between parents.
• A child’s name should remain the same as is on their birth certificate unless all those with parental responsibility give their agreement in writing or there is a court order directing the change.
• Where a deed poll is supplied to change the name of a child under 16 years old this should not be accepted as effecting the change unless all those with parental responsibility for the child has given written consent.
• Where a pupil is over 16, they may decide to execute an unenrolled deed poll.  As it is unenrolled (and not therefore registered with the High Court in Northern Ireland) there is discretion as to whether a school should accept it.      Such cases should be considered on an individual basis and legal advice sought.
• Once a young person becomes 18 years old, they may make an application to put their      name change on public record through the High Court (which is called an ‘enrolled deed poll’). 

Schools may experience problems when a child has had an accident, and consent might be needed for emergency medical treatment. Article 6(5) of the Children (NI) Order 1995 provides that a person who does not have parental responsibility but nonetheless have care of a child may do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare.

This would allow schools to act ‘in loco parentis’, in place of a parent, or allow them to seek consent from a parent who may not hold parental responsibility.  It would clearly be reasonable for a school to take a child who has sustained injury  to hospital for medical treatment, but the parents should be informed as soon as possible.

• Maintain neutrality and avoid involvement in parental conflicts. Schools should avoid becoming involved in any disagreement between parents but might want to suggest that where parents cannot agree they seek independent legal advice about obtaining a court order setting out exactly what decisions each parent can make in respect of the child (a Specific-Issue or Prohibited Steps Order as appropriate).
• Ensure equal communication with both parents unless legally restricted.
• Keep accurate records of parental responsibility and any court orders.
• Refer to the Department of Education’s guidance on parental responsibility for detailed advice: Parental Responsibility Circular 2023 02

Controlled schools and Irish Medium Schools with urgent queries on more complex legal issues relating to parental responsibility issues may contact EA Solicitors at easolicitors@eani.org.uk. Maintained Schools should contact CCMS at info@ccmsschools.com  / telephone 028 9201 3014.  Voluntary Grammar Schools and GMI schools should contact their own solicitor.