Children Act 1989, section 3

Meaning of “parental responsibility”

Part I Introductory

(1) 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.

(2)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.

(3)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.

(4)The fact that a person has, or does not have, parental responsibility for a child shall not affect—

(a)any obligation which he may have in relation to the child (such as a statutory duty to maintain the child); or

(b)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.

(5)A person who—

(a)does not have parental responsibility for a particular child; but

(b)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.

Definitions used in section 3 3

parent

(2) In this Schedule, except paragraphs 2 and 15, “parent” includes—

(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and

(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;

Defined in Sch.1 para.16(2) · see it in the full Act

21 In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996 . ).

Defined in Sch.3 para.21 · see it in the full Act
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
parental responsibility

“parental responsibility” has the meaning given in section 3;

Defined in s.105(1) · see it in the full Act

Cases considering section 3 73

In the matter of D (A Child)

[2019] UKSC 42 · 26 September 2019Defines

Parental responsibility comprises the rights, duties, powers, responsibilities and authority which law gives a parent in relation to the child and the child’s property. Its content derives from common law and statute but cannot authorise a state-attributable deprivation of liberty. (see paras [19]-[20]; [46]-[49])

Williams and another v London Borough of Hackney

[2018] UKSC 37 · 18 July 2018Limits

The court used the statutory definition of parental responsibility as the starting point for identifying the parent’s fundamental right to look after and bring up the child. (see paras [18]; [38]) A person caring for a child without parental responsibility may do what is reasonable to safeguard or promote the child’s welfare. This permits immediate reasonable protection, but does not create a general power to disregard a parent’s demand for return. (see paras [38]; [44])

D (A Child)

[2017] EWCA Civ 1695 · 31 October 2017Defines

Defines parental responsibility by reference to the rights, duties, powers and authority which a parent has by law. The provision directs attention to the common law content of parental responsibility (see paras [51]-[52]).

53 more judgments, and what each says about section 3, are in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I3S. 3 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)