Referrals & Parental Responsibility
What is it? And, why it matters for CYP aged 17 and under.
What you need to know
Before an assessment or therapy can begin, parental consent is required. This means that the person(s) with parental responsibility must read, sign, and date the consent form on behalf of their child or young person.
Parental consent is also needed to share information with relevant professionals and for the storage and use of children’s records. If the Local Authority holds overriding parental responsibility through a court order, the designated signatory in Social Care may provide consent on their behalf.
Who has Parental Responsibility?
Biological Mother & Father
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Mother automatically has parental responsibility from birth.
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Father has parental responsibility if he was married to the child's mother when ​the child was born.
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Listed on the birth certificate after a certain date ( England and Wales - 01/12/2003; Scotland - 04/05/2006; Northern Ireland 15/04/2002.
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​Same Sex Parents
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Where one of the parents gave birth to the child.
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If the couple are in a civil partnership or are married at the time of birth, both can have parental responsibility.
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For non-civil partners and unmarried couples, the parent who did not give birth would need to seek parental responsibility via a court order.
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Foster Carers
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Do not have parental responsibility.
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Adoptive Parents
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Do have parental responsibility in line with biological mother/father or same sex couples requirements.
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Special Guardians
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Are awarded a court order which means they share parental responsibility with the parents. However, the special guardians would have overriding parental responsibility.
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The Local Authority
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Can obtain a court order which would mean the LA would share responsibility with the parents.
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The LA has overriding authority to make decisions about therapy in the best interests of the child.
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What happens when a person with P.R cannot/will not sign consent?
There may be situations where joint signed consent cannot be obtained. In these cases, the following steps apply
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If both individuals with parental responsibility agree to assessment or therapy, but only one can physically sign the consent form (e.g., due to working away or being in prison), the absent parent can provide consent via email or phone. This confirmation will be recorded in the child’s file.
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If one parent with parental responsibility does not consent to therapy, this must be resolved through private legal channels or, where applicable, with the involvement of a social worker. Any court ruling or social worker decision overriding the non-consenting parent’s rights will be documented on the child’s file.
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If a parent with parental responsibility is not involved in the child’s life due to safeguarding concerns or by court order, appropriate documentation must be provided to confirm why Jackie Archer Therapy should not be seeking their consent.
Does my child need to agree?
In short, Yes! At Jackie Archer Therapy, a child’s readiness and willingness to engage in therapy are essential. Therapy should feel like a safe and supportive space, not something they are pressured into. If a child is not ready or expresses that they do not want to participate, forcing the process can be counterproductive to their well-being.
Before starting any assessment or therapy, the child will receive clear, age-appropriate information about what to expect, including confidentiality. They need to understand this fully and feel empowered to make an informed decision about their participation.
As with parental consent, there are legal circumstances where information may need to be shared to safeguard the child’s welfare.