Parental responsibility, delegated authority and day-to-day decisions

Parental responsibility is a legal status. In England it can belong to parents or to others by court order or other legal routes. If a child is looked after under a care order, the local authority shares parental responsibility. If a child is accommodated under section 20, parents normally retain parental responsibility and the local authority does not acquire it simply by providing accommodation. Staff in the home do not gain parental responsibility by being on shift.

Staff can still make practical, day-to-day decisions if those powers are delegated in the placement plan or by local arrangements. The important point is not to guess. Staff should follow what the placement plan authorises and know when a decision must be referred to the person with parental responsibility, the local authority or another professional.

Safer day-to-day practice

• Check the child's legal and placement arrangements.
• Follow delegated authority in the plan rather than local habit.
• Do not assume every parent request can be acted on immediately.
• Do not assume staff authority is the same as parental responsibility.
• Escalate disputed or significant decisions early.

Manager focus: delegated authority must be usable

Parental responsibility tells you who may have legal decision-making authority. The child's plan tells staff how that authority should work in practice on shift.