Introduction:
The purpose of this policy is to ensure that Understanding Differences working practises comply with our duty and responsibility to children and their parents.
Understanding Differences are required to communicate with the parents of children under the age of 18yrs. To do this correctly, it is imperative that we are certain who the adults with parental responsibility are.
In addition, on occasions there are situations where Understanding Differences are supporting the emotional well-being of children in cases where there are disputes between several adults who claim to have parental responsibility.
The welfare of the child is always the paramount consideration for Understanding Differences. However, in cases where situations arise which conflict with Understanding Differences ability to act in the best interest of the child we will work with parents and/or third parties to resolve the situation but will avoid becoming involved in the conflict.
Definition of Parental Responsibility:
Parental Responsibility refers to the rights, duties, powers and responsibilities that most parents have in respect of their children. By law, parental responsibility rights were revised in 2003 under the Adoption and Children Act.
In practical terms, Parental Responsibility means the power to make important decisions in relation to a child. This can include:
● determining the child’s education and where the child goes to school;
● choosing, registering or changing the child’s name;
● appointing a child’s guardian in the event of the death of a parent;
● consenting to a child’s operation or certain medical treatment;
● accessing a child’s medical records;
● consenting to taking the child abroad for holidays or extended stays;
● representing the child in legal proceedings;
● determining the religion, the child should be brought up with. Where there is a mixed cultural background this should include exposure to the religions of all those with Parental Responsibility, until the child can reach an age where he/she can make their own decision on this.
Parental Responsibility does not mean that a parent has the automatic right to:
● contact with a child – this is the child’s right and not the right of the person with Parental Responsibility; or

● know the whereabouts of other people with Parental Responsibility or where the child is living. In practice, this means that if the child lives with one parent the other parent does not have an automatic right to know the address of that parent. The parent can apply to the court for this to disclosed and it may be disclosed if it is in the best interests of the child.
Who possesses parental responsibility?
Throughout the United Kingdom, a mother automatically acquires parental responsibility at birth. However, the acquisition of parental responsibility by a father varies dependent on when and where the child’s birth was registered.
Parental responsibility falls to both parents registered on a child’s birth certificate for:
England and Wales – A father acquires parental responsibility if he is married to the mother at the time of the child’s birth. Parental responsibility falls to both parents registered on a child’s birth certificate for a child registered from 1st December 2003.
Scotland – A father acquires parental responsibility if he is married to the mother at the time of the child’s conception or subsequently. Parental responsibility falls to both parents registered on a child’s birth certificate for a child registered from 4th May 2006.
Northern Ireland – A father acquires parental responsibility if he is married to the mother at the time of the child’s birth. Parental responsibility falls to both parents registered on a child’s birth certificate for a child whose birth was registered from 15th April 2002.
Outside of the UK – An unmarried father, whose child’s birth was registered before the dates mentioned above, or afterwards if he is not recorded on the child’s birth certificate, does not have parental responsibility even if he has lived with the mother for a long time. However, the father can acquire parental responsibility by way of a court registered parental responsibility agreement with the mother or by obtaining a parental responsibility order or a residence order from the courts. Married step-parents and registered civil partners can acquire parental responsibility in the same ways. Parental responsibility awarded by a court can only be removed by a court.
Other situations where a person may acquire parental responsibility:
● Guardians of the Court – a guardian appointed by the court will acquire parental responsibility
● Adoptive Parents – Adoptive parents are the child’s legal parents and automatically acquire parental responsibility.
● Care or Supervision Orders – in the case of a child who is subject to a care or supervision order the Local Authority will acquire parental responsibility.

● Step-parents – a step-parent, whether their relationship is by marriage or civil-partnership may acquire parental responsibility for the child of their spouse or civil partner by agreement between the parents or by order of the court.

Authorisation for Coaching with Understanding Differences:
On entering a contract for child coaching session, Understanding Differences, will request the full name and date of birth of the child being worked with and the contact details of at least one parent with parental responsibility.
Understanding Differences will never offer or administer treatment to a child under 18 without the contractual consent of at least one parent with parental responsibility.
In situations where there is, or has been, a parental dispute which is disclosed by the parent seeking treatment Understanding Differences will endeavour to seek consent from both parents with parental responsibility if this is:
● In the best interest of the emotional and safeguarding needs of the child
● Where the dispute is explicitly informed by the parent contacting Understanding Differences
However, it is recognised that in some situations there are court orders prohibiting contact to one or both parents, in the disclosure of these situations external advice will be taken where necessary.
If it is identified that seeking parental consent from a second parent is likely to have a long-term and significant impact on the child then parental consent will only be requested from the resident parent.
In situations where there is a current police investigation or legal procedure in place Understanding Differences will seek advice prior to entering contract with a parent for treatment of a child. If this information arises after treatments have commenced the session will be postponed until advice has been sought to ensure that Understanding Differences is acting in the best interest of the child and their welfare.
Safeguarding:
The moral authority behind parental responsibility depends in large part on the entirely reasonable supposition that parents will act in the best interests of their children. If it appears, however, that parents are following a course of action which is contrary to their child’s interests, their decisions can be challenged. In these circumstances advice will be sought from legal authorities before Understanding Differences takes any action.
Where Understanding Differences are notified that there is a court order in place that prohibits one parent from being provided information or having unsupervised contact

with a child they will act in the best interests of the child and seek external support as required.
Where Understanding Differences have information disclosed to them from a child which brings into question the child’s emotional and/or physical well-being the relevant authorities will be informed. In these cases, other adults who hold, or claim to hold parental responsibility will not be privy to the content of sessions until advice has been given by the relevant authorities to ensure that children’s welfare is appropriately supported.
Where a child expresses that they do not wish for one parent to be informed of what they have said or treated, guidance will be sought from relevant authorities to ensure that children’s welfare is always our priority.

Policy Created: April 2024

Updated: