1.3. Explain parents’ rights in relation to the upbringing of their children

This guide will help you answer 1.3. Explain parents’ rights in relation to the upbringing of their children.

The upbringing of children is guided by law, family values, and the individual needs of the child. Parents have legal rights to make decisions about how their children are cared for and raised. These rights are balanced with responsibilities and the need to protect the child’s welfare. In the UK, the legal framework around parents’ rights is influenced by the Children Act 1989, the Human Rights Act 1998, and other laws designed to support children and families.

Parental Responsibility

Parental responsibility is a legal term. It means having the rights and obligations to make important decisions in a child’s life. This includes decisions about education, health care, religion, and where the child lives. In law, mothers usually have parental responsibility automatically from birth. Fathers have parental responsibility if they are married to the mother at the time of the child’s birth or if they are named on the birth certificate for a child born after 1 December 2003 in England and Wales.

Other people, such as legal guardians or adoptive parents, can gain parental responsibility either through court orders or adoption.

Rights Connected to Education

Parents have the right to decide:

• Which school their child attends
• Whether their child should be educated at home instead of in school
• To be informed about their child’s progress and behaviour in school
• To challenge decisions made by the school or local authority through formal processes

These rights mean parents can influence the type of education a child receives, such as choosing faith schools, community schools, or specialist schools. Parents can attend meetings, view reports, and contribute to educational planning.

Rights in Health Care Decisions

Parents have the right to be involved in all medical decisions affecting their child until the child is deemed mature enough to make certain decisions alone. This may include decisions about vaccinations, medical treatment, surgery, or mental health care. Health professionals will usually seek parental consent before carrying out medical procedures unless there is an emergency or the child has the capacity to decide themselves.

The term “Gillick competence” is used to describe when a child is mature enough to make decisions about their own medical care without parental consent.

Rights Relating to Religion and Culture

Parents can decide how their child is raised in terms of religion and cultural practices. This includes taking children to religious services, educating them in religious schools, following cultural traditions, and guiding their beliefs. Where parents follow different religions, this can require negotiation and respect between them to support the child’s identity and sense of belonging.

These rights are balanced with the child’s freedom of thought as they get older, allowing them to make their own choices.

Rights in Protecting the Child’s Welfare

Parents have rights to protect their child from harm. They can say no to situations they believe are unsafe. They can control who has access to the child and set boundaries about their environment and activities. This might involve refusing certain forms of social media use, restricting friendships, or preventing the child from visiting unsafe areas.

Parents are expected to take reasonable steps to protect their child’s physical and emotional safety.

Rights Over Residence and Living Arrangements

Parents have the right to decide where their child lives. This includes choosing the family home location, moving to another area, or travelling abroad. If both parents have parental responsibility and they disagree, it may need to be settled through mediation or court proceedings.

Courts will always consider the child’s best interests when making decisions about residence.

Rights Regarding Discipline

Parents can guide behaviour and set rules for their child. This includes giving rewards, consequences, and discipline. The law in England and Wales says that physical punishment such as smacking is allowed if it is reasonable and does not cause injury. Physical punishment is banned in Scotland and Wales. There is greater encouragement for positive behaviour strategies, such as praise and consistent routines.

The aim of discipline should be to help children learn self-control and social skills.

Rights in Maintaining Family Life

Under the Human Rights Act 1998, parents have the right to family life. This means they should be able to live with their children and make decisions without interference, except when the child’s safety or welfare is at risk. Any action by the state or local authority that separates a parent from their child must be supported by strong reasons and legal processes.

Rights in Choosing Childcare

Parents have the right to choose who cares for their child when they are not with them. This includes selecting nurseries, childminders, nannies, or play schemes. They can decide on the care setting based on values, quality of care, convenience, and cost. Parents can also change childcare arrangements at any time if they think it benefits the child.

Rights During Separation or Divorce

When parents separate or divorce, both usually retain parental responsibility. Rights over the child’s upbringing are shared unless restricted by a court order. Decisions may be set out in child arrangements orders, covering where the child lives and how much time they spend with each parent.

Parents have the right to remain involved in decision-making and to apply to court if they are excluded from important choices.

Rights to Access Information

Parents have the right to see information about their child from schools, doctors, and other professionals. This includes reports, records, and assessments. Access may be limited only when it could harm the child or breach another person’s confidentiality.

Balancing Parents’ Rights with Children’s Rights

The UK legal system recognises that children have their own rights. Parents’ rights must be balanced with the child’s best interests. The Welfare Principle in the Children Act 1989 states that the child’s welfare is the court’s top priority when decisions are made.

As children grow, they gain more say over their own lives. Parental rights do not disappear, but they adapt to respect the child’s developing independence.

Limits to Parents’ Rights

Parents cannot make decisions that place a child at risk of harm. Safeguarding laws allow social services to intervene when the child’s welfare is in danger. Rights can be restricted through care orders or other legal action. Parents must follow laws on education, protection from physical harm, and safeguarding from neglect or abuse.

How Professionals Support Parents’ Rights

Workers in early years and playwork settings should respect parents’ rights while promoting the welfare and safety of children. Good practice includes:

• Communicating openly with parents
• Respecting cultural and religious preferences
• Involving parents in planning for the child’s needs
• Providing accurate information and records
• Supporting parental decisions unless they harm the child

Supporting Parents in Making Decisions

Parents may need advice before making certain choices. Professionals can guide parents towards available services and resources, such as parenting courses, health clinics, and support groups. While respecting parental rights, workers can share evidence-based information to help parents make informed decisions for their child’s wellbeing.

Legal Frameworks Protecting Parents’ Rights

Several laws and policies in the UK protect parents’ rights, including:

• Children Act 1989 – Defines parental responsibility and emphasises the child’s welfare
• Human Rights Act 1998 – Protects the right to family life
• Education Act 1996 – Gives parents rights in relation to schooling and education
• Equality Act 2010 – Guards against discrimination affecting parental decisions
• Adoption and Children Act 2002 – Sets out adoptive parents’ rights

Professionals should understand these laws to work effectively with families.

Working with Different Family Structures

Parents’ rights apply across varied family structures, including:

• Single-parent households
• Step-parent families
• Same-sex parents
• Adoptive families
• Extended family where grandparents or other relatives have parental responsibility

Each situation is unique and requires sensitive handling to respect both legal rights and family relationships.

Summary of Core Rights

Parents have the legal rights to:

• Guide education
• Make health care choices
• Decide on religion and cultural upbringing
• Protect welfare and set boundaries
• Choose residence and living arrangements
• Use discipline to guide behaviour
• Maintain family life and relationships
• Access their child’s information
• Choose childcare arrangements

These rights are connected to responsibilities and the need to act in the child’s best interests.

Final Thoughts

Parents’ rights in relation to the upbringing of their children are part of creating a safe, supportive, and loving environment. They give parents the authority to guide their child’s development while protecting their welfare. For practitioners in childcare and playwork, respecting these rights builds strong partnerships with families.

It is important to remember that rights change and adapt as children grow and their own views develop. The most effective support happens when professionals and parents work together, listen to each other, and focus on what helps the child thrive socially, emotionally, and physically. In early years settings, understanding these rights ensures children are raised in line with their family values while still safeguarding their wellbeing.