In residential care, understanding who holds Parental Responsibility (PR) is critical to lawful and ethical decision-making. Whether you’re arranging a GP appointment, consenting to a school trip, or managing family contact, you need to know who has the legal right to be involved — and when the local authority can act without parental consent.
This page outlines how PR works under UK law, and what it means in the context of children’s homes.
What Is Parental Responsibility (PR)?
PR is defined in Section 3 of the Children Act 1989 as:
“All the rights, duties, powers, responsibilities and authority which by law a parent has in relation to the child and his property.”
It includes decisions about:
- Medical treatment
- Education
- Religion and cultural upbringing
- Where the child lives
- Day-to-day care (when living with the holder)
In practice, it also includes consent to therapy, involvement in reviews, and signing off on activities or personal documents.
Who Has Parental Responsibility?
Birth mother
Parental responsibility is automatically granted
Birth Father (married to mother)
Parental responsibility is automatically granted
Birth Father (unmarried, post-2003, on birth certificate)
Parental responsibility is automatically granted
Father (not on certificate)
Parental responsibility not automatically granted – must apply or obtain via court
Legal Guardian (court-appointed)
Parental responsibility is automatically granted
Local Authority (Care Order)
Parental responsibility is shared with the parents
Local Authority (Section 20)
Parental responsibility is not held – only the parent(s) have PR
PR in Practice: Residential Care Implications
Task/Decision
Section 20 (Voluntary)
Section 31 (Care Order)
Medical treatment (non-urgent)
Requires parental consent
Local authority can consent
School trips
Requires PR holder’s signature
LA may consent if in best interests
Therapeutic intervention (e.g., CBT)
Must involve PR holder
LA can decide with appropriate safeguards
Change of school
Parent involved
LA leads decision with consultation
Travel abroad
Requires all with PR to consent
May require court approval
PR in Practice: Residential Care Implications
Task/Decision
Medical treatment (non-urgent)
Section 20 (Voluntary)
Requires parental consent
Section 31 (Care Order)
Local authority can consent
Task/Decision
School trips
Section 20 (Voluntary)
Requires PR holder’s signature
Section 31 (Care Order)
LA may consent if in best interests
Task/Decision
Therapeutic intervention (e.g., CBT)
Section 20 (Voluntary)
Must involve PR holder
Section 31 (Care Order)
LA can decide with appropriate safeguards
Task/Decision
Change of school
Section 20 (Voluntary)
Parent involved
Section 31 (Care Order)
LA leads decision with consultation
Task/Decision
Travel abroad
Section 20 (Voluntary)
Requires all with PR to consent
Section 31 (Care Order)
May require court approval
PR and the Child’s Voice
Common Misunderstandings
- Being in care ≠ local authority has full PR (only under a Care Order)
- Key workers/staff do not hold PR — even if the child lives in your setting
- Emergency decisions (e.g. urgent medical care) can be made under the doctrine of necessity if PR is unavailable
Why This Matters
Confusion over PR causes delays, legal risk, and ethical tension. Professionals in children’s homes must operate with clarity, documentation, and partnership — especially when making decisions about health, education, or contact.
At Welcare, staff are trained to identify PR holders, understand consent thresholds, and escalate when legal authority is unclear.