Your rights as a father

This page sets out what the law and the statutory guidance actually say. It's here so you can point to it, calmly, if you need to. It isn't legal advice, and how it applies to you depends on your situation, so check with a solicitor before relying on it in a serious dispute.

Parental responsibilityParental responsibility. The legal rights, duties and authority a parent has in relation to a child. It does not on its own guarantee a set amount of time with the child.

Parental responsibility (PRParental responsibility (PR). The legal rights, duties and authority a parent has in relation to a child.) is the legal rights, duties and authority a parent has for a child. A mother always has it. A father has it if:

• he was married to, or in a civil partnership with, the mother when the child was born, or later
• he's named on the birth certificate, for a child registered in England or Wales from 1 December 2003
• he and the mother signed a parental responsibility agreement
• a court has given it to him, including through a child arrangements orderChild arrangements order. An order deciding who a child lives with and who they spend time with, and when..^[10]

If you're not sure, check. If social care has it wrong, ask them in writing to correct it.

Not having PR doesn't make you irrelevant. You're still your child's parent, and many of the rights below apply to every parent, not just those with PR.

You should be involved

Working Together to Safeguard Children is the statutory guidance local authorities must follow. It says practitioners should:

• work in partnership with parents and carers as far as possible, adapting how they work to meet the needs of different parents, "including fathers and male carers"
• involve parents in decisions wherever possible, because parents are often the experts on their own children
• make sure every assessment is informed by the views of the child and the family
• tell parents who will be at meetings, and let them bring a family member, friend or supporter
• think about the specific needs of fathers and male carers when assessing.^[1]

Under section 17Child in Need (CIN) / section 17. A child who is unlikely to achieve or maintain a reasonable standard of health or development without services; whose health or development is likely to be significantly or further impaired without services; or who… of the Children Act 1989, local authorities must support children in need and, where it's consistent with their welfare, promote their upbringing by their families.^[17]

You can't be treated worse because you're a man

Sex is a protected characteristic under the Equality Act 2010. A local authority must not treat you less favourably than a mother because you're a man, and it has a duty to think about equality when it makes decisions. You can also ask for reasonable adjustments if you have a disability.^[2]

Local authorities must also act in line with the Human Rights Act 1998, including your right to respect for family life and to a fair process.^[18]

Being treated differently for a real safeguarding reason isn't discrimination. Being left out, or assumed to be the problem, just because you're the dad can be.

If your child might be accommodated

If social care wants your child to stay somewhere else under section 20Section 20. Local-authority accommodation of a child without a care order. The child becomes looked after, but the local authority does not gain parental responsibility. Agreement must be informed and genuinely voluntary. Rights… of the Children Act 1989, the local authority can't do it if you have PR, you object, and you're willing and able to look after your child or arrange care for them. That applies even if the other parent agrees. There are exceptions, for example where someone else has a court order saying the child lives with them.^[5][6]

Anyone with PR can remove a child from section 20 accommodation at any time, subject to the same exceptions.^[6] This area gets complicated quickly, so get family law advice before you act.

If your child is looked after, the local authority must find out the wishes and feelings of each parent, and anyone with PR, before making decisions, and take them into account.^[17]

Contact with your child

If your child is in care under a care orderCare order. A court order that gives the local authority parental responsibility for a child. A parent can retain parental responsibility too., the local authority must allow reasonable contact with each parent unless a court orders otherwise, or it needs to refuse urgently to protect your child, and then only for up to seven days. For a child who is looked after, the local authority must try to promote contact with parents and family, as long as it's consistent with the child's welfare.^[17]

Meetings and conferences

All parents and anyone with PR should normally be invited to child protection conferences. Excluding a parent should be exceptional. It's usually decided by the chair, under local procedures, for reasons such as a serious risk to the child or to people at the meeting.^[9]

If you're excluded, ask for the reasons in writing, ask how your views will be heard, for example in writing or at a separate meeting, and ask whether you will be invited to the next one. Exclusion from one conference shouldn't automatically mean exclusion from the next.

Most local procedures also say you should see the social worker's report before the conference, and that you can bring a supporter or advocate.

If it goes to court

If the local authority applies for a care or supervision orderSupervision order. A court order requiring a named supervisor, usually the local authority, to advise, assist and support the child., every parent with PR is automatically a party. A father without PR must be given notice of the proceedings and can ask the court to join him as a party.^[19]

Parents and anyone with PR are normally entitled to free legal advice when they get a Letter Before ProceedingsLetter Before Proceedings. A formal letter telling a parent or other person with parental responsibility that the local authority is considering applying for a care or supervision order., and to legal aid in care proceedings, whatever their income.^[7]

Your child's school

Schools must treat all parents equally, unless a court order says otherwise. That includes a dad who doesn't live with his child. You can ask for school reports and to be told about meetings involving your child.^[20]

Your records and your voice

• You can ask the local authority for the personal information it holds about you with a subject access requestSubject access request (SAR). A request to an organisation for a copy of your own personal information. Some information can be withheld where an exemption applies..^[3]
• You can complain about how you have been treated, including not being involved, and go to the Ombudsman if that doesn't fix it.^[11][16]
• You can ask for an interpreter or communication support if you need one.^[2]

If you're being left out

Start calmly, in writing.

If that doesn't work:

1. Ask the social worker's manager to look at it.
2. Ask for the reasons to be recorded on the file.
3. If you're still left out, make a complaint. Not involving a father is a recognised ground.
4. If you think you're being treated worse because you're a man, say so, and mention the Equality Act.
5. Get advice from the Family Rights Group or a solicitor.

If there's a genuine safety reason you can't be involved alongside the other parent, ask to be seen separately. Being seen separately is fine. Being left out isn't.