School Issue - What is legal definition of parent?

Hagar_uk

Not really a money saving question, but struggling to find any definition of what a school regards as a Parent. Even legal people I have asked seem vague, but I know there are a lot of bright people on here

I understand it falls under the Education Act, and as well as natural parent, or anyone who has PR, but also :

"Any person, who although not a natural parent, has care of a child."

This seems quite vague, I understand it could mean foster parents etc who has a given role in the childs life. but would this automatically be applied to a new partner of parent?

The reason I ask is I am a separated father, my sons school seems unwilling to give me his school reports etc. I did see some documentation relating to my son, where his parents are listed as his Mum and new partner, which could be the reason for my lack of info. ( I have btw given copies of sons birth certificate with my name on to school on several occasions)


The new parent listed, I believe does not even legally live at the same address for my son, for benefit reasons for the mother.

pphillips

I would say that Parental Responsibility is the most important legal concept concerning what the law regards as a parent. This is defined is section 3(1) of the Children Act 1989 as someone who has "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". Further details of who has Parental Responsibility can be found here: https://www.gov.uk/parental-rights-responsibilities/who-has-parental-responsibility

bouicca21

As the father you have every right to see information about your child and to be kept informed. Some head teachers don't understand this, so you may need to complain to the governors and LEA. There's guidance on the subject from the department of education, so dig it out and show it to the head/governors.

anna_1977

I worked in a state secondary school for a long time and unless there is a court order in place saying you are not allowed then you have every right to request school reports. You can ask them to send copies of every letter that goes home to you too.

Mojisola

Hagar_uk wrote: »

I did see some documentation relating to my son, where his parents are listed as his Mum and new partner, which could be the reason for my lack of info. ( I have btw given copies of sons birth certificate with my name on to school on several occasions)

This is wrong and the school is at fault.

Not only does the school need to add you as the father, they should remove the name of the mother's partner.

System

anna_1977 wrote: »

I worked in a state secondary school for a long time and unless there is a court order in place saying you are not allowed then you have every right to request school reports. You can ask them to send copies of every letter that goes home to you too.

I didnt know that, fortunately i have never needed to know this but its interesting to know.

KRB2725

There are plenty of step parents that both drop off and collect at my children school, they also attend parents evenings, concerts etc etc. Just because they are not biological parents does not mean that they do not take on the role of a parent and I think it is okay for a school to treat them as such.

However, there is no reason that you cannot also be recognised as a parent.

I would arrange a meeting with the headteacher and discuss it with him/her. If things are amicable with your ex then you could possibly go together.

I think schools are sometimes put in a difficult position. Not all acrimonious break ups end in court, there can be issues with domestic violence, NRP taking the child on a day they shouldn't and vice versa with the resident parent. Schools can sometimes do the wrong thing whilst trying to do the right thing, that's why I think it is probably best discussed with the head.

jackieblack

Mojisola wrote: »

This is wrong and the school is at fault.

However the school are probably only going by the information they were given by the mother when the children joined the school.

Mojisola wrote: »

Not only does the school need to add you as the father,

True

Mojisola wrote: »

they should remove the name of the mother's partner.

Not necessarily

For the OP
Section 576 of the Education Act 1996 defines 'parent' as:

• all natural 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 (having care of a child or young person means that the child lives with and is looked after by that person, irrespective of what their relationship is).

Anyone who is recognised as a ‘parent’ has certain rights including:

• to receive information, for example pupil reports
• to participate in activities, for example vote in elections for parent governors
• to be asked to give consent, for example to the child taking part in school trips
• to be informed about meetings involving the child, for example a governors' meeting on the child's exclusion.

Mojisola

Hagar_uk wrote: »

I did see some documentation relating to my son, where his parents are listed as his Mum and new partner

I have btw given copies of sons birth certificate with my name on to school on several occasions

The new parent listed, I believe does not even legally live at the same address for my son, for benefit reasons for the mother.

jackieblack wrote: »

Section 576 of the Education Act 1996 defines 'parent' as:

• all natural 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 (having care of a child or young person means that the child lives with and is looked after by that person, irrespective of what their relationship is).

The ex's new partner can't have parental responsibility and doesn't live with the child.

The school has been given evidence showing that the OP is the child's father but still isn't treating him as such.

jackieblack

Mojisola wrote: »

The ex's new partner can't have parental responsibility and doesn't live with the child.

But if the school have been told that the 'family unit' of mother, new partner and child live at the same address then that is the information that they will have recorded.

Mojisola wrote: »

The school has been given evidence showing that the OP is the child's father but still isn't treating him as such.

I agree, that is very poor.
Unless there is a court order stating the father shouldn't be given this info for some reason, the school should be giving the father exactly the same info as they give the mother.

Mojisola

Hagar_uk wrote: »

The new parent listed, I believe does not even legally live at the same address for my son, for benefit reasons for the mother.

jackieblack wrote: »

But if the school have been told that the 'family unit' of mother, new partner and child live at the same address then that is the information that they will have recorded.

If that's the case, it's useful evidence to report the benefit fraud.

The mother can't have it both ways.