This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Clear guide to the legal duties of guardians in England and Wales towards a child's education and health, including statutory responsibilities, parental responsibility rights, decision‑making obligations and practical steps guardians should take to support a child's welfare.
Adults who become a child's guardian-whether through a special guardianship order, appointment by will, or court order under the Children Act 1989-take on responsibilities that go beyond day‑to‑day care. They assume legal duties relating to a child's welfare, including decisions and obligations about education and health. Understanding these duties helps guardians protect children's interests and comply with the legal framework that governs the upbringing of children when birth parents are not available or when parental responsibility has been lawfully transferred or shared. This article explains those duties clearly, with reference to statutory responsibilities, how the law defines guardianship and parental responsibility, practical decision‑making obligations and common scenarios guardians may face.
Legal Basis: Parental Responsibility and Guardianship
Parental Responsibility Defined
Under section 3 of the Children Act 1989, parental responsibility means “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”. Parental responsibility grants adults the legal authority to make key decisions affecting a child's life, including those related to education, health and welfare.
Guardianships confer parental responsibility in most cases. A guardian's legal authority arises where a court appoints a guardian under section 5 of the Children Act 1989 or where legislation, such as a Special Guardianship Order, grants parental responsibility to a guardian. Once appointed, a guardian generally has the same parental responsibility as a birth parent, enabling them to act independently in the child's best interests.
Guardianship and Shared Parental Responsibility
Even where birth parents retain parental responsibility-for example, special guardians share parental responsibility with birth parents-the guardian's role still involves meaningful, independent duties, particularly where custody and day‑to‑day care rest with the guardian.
Duty Towards Education
Ensuring Schooling and Suitable Education
Under UK education law, the legal duty to ensure that a child receives a suitable education resides with those with parental responsibility. Guardians who hold parental responsibility must ensure that a child:
- Regularly attends school if of compulsory school age;
- Is enrolled in an appropriate education setting; and
- Has educational provision that meets their learning needs.
This duty includes liaising with schools on admissions, school placements and education policies, and ensuring that a child's education is uninterrupted and suitable for the individual child's circumstances.
Decision‑Making in Relation to School
A guardian with parental responsibility is entitled to participate in school decisions, including:
- Choosing or changing schools;
- Consenting to school trips or extra‑curricular activities;
- Attending parent‑teacher meetings and consultations;
- Engaging with local authorities on special educational needs assessments and plans.
Where guardianship is shared with others who hold parental responsibility, schools may require consent from more than one person for certain decisions (for example, school trips abroad).
Supporting Special Educational Needs
For children with additional learning needs, guardians must engage in Education, Health and Care (EHC) planning processes where relevant and ensure the child receives appropriate support tailored to their educational needs and development. These responsibilities require active engagement with local authority and school processes to secure the child's rights to suitable provision.
Duty Towards Health
Healthcare and Medical Decisions
Guardians with parental responsibility must make decisions about a child's health and medical treatment, acting in the child's best interests. This includes:
- Consenting to routine healthcare, such as immunisations;
- Making decisions about specialist treatment, therapy or assessments;
- Authorising dental care, if required;
- Providing consent for hospital or clinical appointments where necessary.
Parental responsibility includes the authority to make these decisions, though some significant treatments may require additional consent from everyone with parental responsibility or court authority, especially where the treatment is complex or contested.
Promoting Emotional and Developmental Wellbeing
While not a statutory duty in the narrow sense, guardians must also safeguard a child's emotional and developmental health. Courts and support frameworks recognise that a child's wellbeing affects educational attainment, mental health and long‑term prospects. Guardians should therefore support children's emotional development, seek professional help when needed, and ensure continuity of care.
NHS and Public Health Access
Children are entitled to NHS care in England and Wales. Guardians must ensure that children are registered with a GP, dentist and receive any specialised health services to which they are entitled. This can include referrals to child and adolescent mental health services where needed. Local authorities often provide support to guardians to navigate health and wellbeing services that complement statutory duties.
Practical Duties in Everyday Decisions
Daily Care and Welfare
Guardians must ensure that everyday welfare requirements are met, including adequate nutrition, clothing, sleep, safe accommodation and supervision. These basics support both education and health outcomes and underpin the broader duties guardians owe.
Communication and School Engagement
Effective communication with schools is crucial. Guardians must respond to school communications, arrange attendance, and meet obligations such as ensuring attendance records are accurate and that absences are properly explained.
Managing Health Needs
Guardians should maintain health records, attend appointments, and follow medical advice for chronic conditions. Where children have special needs or disabilities, guardians must ensure appropriate support is arranged, including therapies or additional healthcare provisions.
Legal Protections and Limitations
Legal Boundaries on Decision‑Making
Despite broad parental responsibility, guardians may face legal limits on certain decisions. For example:
- Changing a child's surname;
- Moving the child abroad permanently;
- Consenting to adoption.
For such matters, the consent of all persons with parental responsibility or a court order may be required.
Welfare and Human Rights Considerations
Guardians must also act in compliance with rights recognised under the United Nations Convention on the Rights of the Child, which influences interpretation of domestic law by emphasising children's rights to education, health and protection. These obligations underpin legal duties and inform courts' assessment of guardianship suitability and conduct.
Practical Steps for Guardians
Know Your Legal Status
Guardians should clarify whether they hold parental responsibility and what legal permissions accompany that status. This affects decision‑making authority in education and health.
Engage with Professionals
Develop constructive relationships with schools, health professionals and local authorities to ensure continuity of care. Record key decisions and involve relevant agencies where necessary.
Prepare for Major Decisions
Significant decisions outside ordinary care may require written consent, collaborative agreements or court applications. Guardians should seek timely legal advice when uncertainties arise.
Support for Challenging Situations
In cases where guardians face resistance from other holders of parental responsibility or third parties (e.g., schools or healthcare providers), formal mediation or legal advice can help clarify rights and responsibilities.
Common Questions and Clarifications
Do guardians have the same rights as birth parents?
Yes, a guardian with parental responsibility generally has equivalent authority to make decisions about education and health, except in defined circumstances (such as changing a surname or adoption) that require broader consent.
Can guardians remove a child from school?
Guardians can decide where a child attends school, within the law, and ensure compliance with compulsory education duties. However, decisions that circumvent statutory requirements, such as elective home education without proper notice, must comply with education law.
What happens if there is disagreement over medical treatment?
Where medical decisions are complex or contested, guardians may need to seek agreement from others with parental responsibility or apply to the court for guidance. Acting in the child's best interests remains the legal standard.
Key Takeaways
Guardians in England and Wales who hold parental responsibility owe legal duties towards a child's education and health that are similar to those of birth parents. These duties include ensuring lawful, suitable education and making informed health and medical decisions, all within the framework established by the Children Act 1989. Guardians must engage with schools, healthcare providers and local authorities where needed, and act consistently in the child's best interests. Legal boundaries on certain decisions mean that consulting others with parental responsibility or the court may at times be necessary. Clear understanding of these duties supports guardians in fulfilling their role and protecting the rights and wellbeing of the children in their care.
