Defines parental responsibility under CA 1989 s. 3
CA 1989 s. 3 defines parental responsibility as a parent's legal rights, duties, and authority over a child, while allowing non-parents with care to act.
In this Act “ parental responsibility ” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property. It also includes the rights, powers and duties which a guardian of the child’s estate (appointed, before the commencement of section 5, to act generally) would have had in relation to the child and his property. The rights referred to in subsection (2) include, in particular, the right of the guardian to receive or recover in his own name, for the benefit of the child, property of whatever description and wherever situated which the child is entitled to receive or recover. The fact that a person has, or does not have, parental responsibility for a child shall not affect— any obligation which he may have in relation to the child (such as a statutory duty to maintain the child); or any rights which, in the event of the child’s death, he (or any other person) may have in relation to the child’s property. A person who— does not have parental responsibility for a particular child; but has care of the child, may (subject to the provisions of this Act) do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 3 of the Children Act 1989 defines parental responsibility as the collection of rights, duties, powers, responsibilities, and legal authority that a parent possesses in relation to a child and the child's property. This includes authority over upbringing as well as managing property or money that belongs to the child.
Having or lacking parental responsibility does not alter a person's statutory legal obligation to maintain a child financially. It also does not affect any rights to property that might arise if the child dies.
A person who does not hold parental responsibility for a child, but currently has care of that child, is permitted to do whatever is reasonable under the circumstances to safeguard or promote the child's welfare.
When it applies
- A grandmother caring for a child during the week needs to consent to urgent emergency medical treatment for the child.
- A father checking whether lacking parental responsibility exempts him from his statutory duty to pay child maintenance.
- A guardian collecting money or property that an orphaned child is legally entitled to receive.
- A childminder taking reasonable steps to protect a child's safety while the child is in their daily care.
What this section does not say
- How unmarried fathers or step-parents legally acquire parental responsibility.
- How local authorities obtain or share parental responsibility when a care order is made.
- Court orders governing contact arrangements between parents and children in care.
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This page reproduces the text of CA 1989 s. 3 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.