1. SmartLaw Resource Family Law: Children and Parents Northern Ireland ●
Explain that in today’s session you will be exploring the law relating to parental rights and responsibilities.
Suggested timings are given as a loose guide. You should spend as long as you need and want on each activity, this will depend on your group’s needs, how well an activity is being received and the amount and level of discussion that is being generated. It is not necessary to complete all the activities in this lesson.
Use the ‘Consider’ questions to help generate and guide discussion with your class.
Family Law:
Children and Parents
Northern Ireland

2. Family Law - Children and Parents
Lesson Objectives
Know the different areas of parent-child relationships that the law controls
Understand the responsibilities parents have in relation to their children and consider whether they are fair
Explore a case study about consequences for parents and children when children do not go to school
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3. Family Law - Children and Parents
Where does the law control the relationship between parents and children?
Requires parents to ensure their children have a proper, full-time, education
Care of children when parents separate or divorce
Laws designed to protect children from neglect or harmful treatment ?
Consider:
Why do you think there are laws which get involved in the relationship between parents and children?
Pose the question: “Where does the law control the relationship between parents and children?” as a discussion starting point for the class. Aim to gauge responses relating to the examples given on the slide. You could use the Consider question below as an extension/challenge.
Consider
Q: Why do you think there are laws which get involved in the relationship between parents and children?
A: Good parenting and the safety of children are important for the development and survival of society.
A: Children are generally more vulnerable than older members of society and are, therefore, in need of protection.
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4. Children and Parents Quiz
Family Law - Children and Parents
Children and Parents Quiz
Complete the quiz in pairs to test your knowledge of the law relating to children and parents.
This quiz is available to download as a separate worksheet.
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5. The Answers Family Law - Children and Parents
1. From what age can a parent leave a child alone in a house or flat?
D – There is no legal age limit
Although there is no age limit, parents can be prosecuted for leaving a child alone if it places them at risk.
They could face a hefty fine or maximum of 10 years in prison for doing so. The key factor to consider is the age and maturity of the child.
NSPCC Guidelines state that children under 12 are rarely mature enough to be left alone.
Consider
Q: Why isn’t the law more rigid?
A: Children mature at different rates; parents are best placed to decide if their children are ready.
Q: What sorts of things might parents consider when deciding to leave their children at home alone?
A: Age, maturity, whether they’d be able to cope with an emergency, length of time they’d be alone, any other children left with them, how they felt about being left alone, whether it was during the day or at night, etc.
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6. The Answers Family Law - Children and Parents
2. What is the minimum age at which someone can babysit?
D – There is no minimum age
If parents leave their child alone, they have a legal duty to choose someone who is able to look after their children properly.
If a serious accident occurs, they will have to convince the court that they made sure that their child was being looked after properly.
Consider
Q: How important is the age of the child who is being looked after? Does it matter if they are younger/ older?
Q: Would it be helpful if there was a set minimum age at which a person could baby-sit? Would it make it clearer who is/is not capable of babysitting?
A: It doesn’t take into account that children mature at different ages.
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7. The Answers Family Law - Children and Parents
3. At what age can someone get married without their parents’ permission?
D – 18
A young person may marry at 16 with their parents’ written permission. No valid marriage can take place in the UK if one of the partners is aged 15 or under.
Consider
Q: Do you agree with this age limit? Why/why not? Is it too old/too young? Why?
A: Consider the different rates at which people mature.
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8. The Answers Family Law - Children and Parents
4. At what age can a child receive medical treatment or advice without their parents’ permission?
D – When the doctor believes the patient fully understands what is being proposed
In Northern Ireland, the legal age of capacity is 18. Under section 4 of the Age of Majority Act (Northern Ireland) 1969, patients aged 16 or 17 can provide consent to their own medical care, if they are deemed to be capable of making informed decisions
Children under 16 can consent to medical treatment if they understand what is being proposed. It is up to the docotor to decide whether the child has the maturity to understand the nature of the treatment, the options, risks and benefits.
Consider
Q: Should the right of a young person to seek medical advice or treatment without their parents’ permission be restricted when it concerns contraception or abortion?
Q: What is different about contraception/abortion?
Q: Is it important to have parental involvement here?
Q: Should parents have a right to know if their child is seeking or receiving such treatment?
A: They may have a right as they are legal guardians and responsible. Equally, if a child is sufficiently mature, should they be able to make the decision independent of their parents?
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9. The Answers Family Law - Children and Parents
5. At what age can a child leave home without their parents’ permission?
B, C and D - 16, 17 and 18
A young person under 18 is still, by law, under the custody and care of their parents, and needs parental consent to leave home. In reality, courts are unlikely to send a 16 or 17 year old back home, unless they are in danger.
Consider
Q: Do you agree with these age limits? Why/ why not?
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10. The Answers Family Law - Children and Parents
6. At what age can a child change their name without their parents’ permission?
A - 16
Children under 16 need the permission of everyone who has parental responsibility for them.
If you are under 16 your parents can change your name without your consent.
Consider
Q: Do you think this is fair? Why/why not?
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11. The Answers Family Law - Children and Parents
7. From what age can a child leave school against their parents’ wishes?
C - 16
If you turn 16 between 1st September and 1st of July you can leave school on the 30th of June that year. If you become 16 between 2nd July and 31st of August then you cannot leave school until the 30th of June the following year.
Consider
Q: Do you think raising the school leaving age benefits young people?
A: Benefits include ensuring that all young people have a minimum level of higher education. Disadvantages include forcing them to continue being in school against their wishes.
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12. The Answers Family Law - Children and Parents
8. From what age can a child opt out of religious education at school?
D - 18
Religious Education (RE) is a compulsory part of the Northern Ireland curriculum although your parents have the right to withdraw you from part or all RE/collective worship. Schools must provide RE in accordance with the case syllabus drawn up by the four main churches and specified by the department of education
Consider
Q: Do you think this is fair? Why/why not?
Q: Should pupils after a certain age be allowed to decide for themselves whether to continue receiving religious education? What age should that be?
To conclude the activity use the following consider questions:
Q: Which of these laws most surprised you? Why?
Q: Whose freedom do you think these laws favour more - children or parents?
Q: Would you change any of the laws? If so, which ones, and in what way?
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13. Parental Responsibilities
Family Law - Children and Parents
Parental Responsibilities
What do you think the law says about the responsibilities parents have for their children?
Pose the question: “What do you think the law says about the responsibilities parents have for their children?” as a discussion point.
This is an open-ended question but you can try to elicit some basic answers such as the responsibility to feed and clothe children, as well as others including responsibility to bring them to school or control their behaviour. The next activity will be to look at a series of statements that “Parents should have the responsibility to…” and pupils have to decide how far they agree with this.
This activity can be found on Worksheet 2 to do in pairs or individually if you do not wish to run a whole class discussion. If you plan to run it as a whole class activity you can take a vote to see how far pupils agree. You may also like to ask pupils to move to different areas of the room or to form a line in relation to how far they agree with the statement. When going through each of the following scenarios try to challenge their views and if possible ask them to challenge each other so that they have to explain their opinions. Find out students’ opinions before telling them what the law says and use the ‘Consider’ questions to generate discussion.
We are now going to look at some different scenarios. You will need to consider whether you think parents should have a responsibility in each situation and be prepared to justify your answers.
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14. Do you think this is fair?
Family Law - Children and Parents
Parental Responsibilities
Parents should have a responsibility to make sure that their child turns up for lessons and is alert and ready to learn
The law says:
This is a responsibility of both children and parents. Parents are responsible for preparing their children for going to school and working hard while they are there.
Do you think this is fair?
You can run this activity as a vote or you may like to ask pupils to move to different areas of the room or to form a line in relation to how far they agree with the statement.
Challenge their views and if possible ask them to challenge each other so that they have to defend their opinions.
This activity can be found as Worksheet 2 – Parental Responsibilities.
Consider
Q: How can parents prepare their children for the school day?
A: Answers include making sure their children: don’t stay up too late watching television, get properly fed at breakfast, get to school on time, have all the right equipment they need e.g. pens, PE kit, completed homework etc. No
Yes
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15. Do you think this is fair?
Family Law - Children and Parents
Parental Responsibilities
Parents should have a responsibility to make sure that their child does not misbehave in school
The law says:
Parents are responsible for instilling in their children the right attitude towards school as school is important in preparing children for adult work.
Do you think this is fair?
Consider
Q: Do you think this is fair? No
Yes
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16. Do you think this is fair?
Family Law - Children and Parents
Parental Responsibilities
Parents should have a responsibility to make sure that their child does not drink alcohol illegally
The law says:
Currently parents do not have this legal responsibility but it has been suggested there should be compulsory parenting courses for parents who fail to stop their children from alcohol abuse.
Do you think this is fair?
Consider
Q: Do you think this is fair? No
Yes
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17. Do you think this is fair?
Family Law - Children and Parents
Parental Responsibilities
Parents should have a responsibility to know the whereabouts of their children
The law says:
Parents have this responsibility because this is part of being responsible for their children's safety and also ensuring that they are not breaking the law (e.g. trespassing) or behaving anti-socially.
Do you think this is fair?
Consider
Q: Do you think this is fair?
Q: Do you think this duty should cease once a child turns 16 (when you are legally allowed to leave home if your parents permit?) No
Yes
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18. Do you think this is fair?
Family Law - Children and Parents
Parental Responsibilities
Parents with young children should have a responsibility not to smoke in front of them
The law says:
In Northern Ireland it is likely to come into force in 2017 that it is illegal to smoke in a vehicle carrying someone under the age of 18. This law does not apply to
e-cigarettes or smoking in the home.
Do you think this is fair?
Consider
Q: Do you think this is fair? No
Yes
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19. Do you think this is fair?
Family Law - Children and Parents
Parental Responsibilities
Parents should have a responsibility to make sure that their child attends school
The law says:
Parents have a legal responsibility to make sure their child has an ‘efficient full-time education … at school or otherwise.’ ‘Otherwise’ allows parents to educate their children at home.
Do you think this is fair?
Consider
Q: Do you think this is fair? No
Yes
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20. Do you think this is fair?
Family Law - Children and Parents
Parental Responsibilities
Parents of bullies should be held responsible for their children's actions
The law says:
In 2007, the government issued guidance encouraging the use of Parenting Orders as a means to combat bullying in schools. Parents who have an order imposed on them are required to control their children and may be sent to parenting classes. If they fail to do enough to stop the bullying they could be charged with a criminal offence and fined up to £1,000. This legislation is not yet active in Northern Ireland.
Do you think this is fair?
Consider
Q: How would you hold parents of bullies responsible? Is it fair to? No
Yes
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21. Case Study Family Law - Children and Parents
We are now going to look at a case study of what happens to parents and children when the children persistently fail to attend school.
You will need your Action/No Action cards.
At each stage you will need to decide whether any action should be taken and by whom.
Action/No Action cards. Pupils can work in pairs or in groups for this activity. You will go through different stages of the situation and ask them to hold up their Action/No Action cards to indicate their opinion. Ask them to justify their opinions and use the consider questions to further engage them in discussion.
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22. Stage One Action No Action ? Family Law - Children and Parents
A mother, bringing up two girls aged 12 and 14, loses her mother. As well as suffering a great personal loss, the parent struggles with poor health and finds it difficult to keep everything going at home.
Her children start to skip school. The school becomes concerned over these absences.
No Action ?
Consider:
What should the action be and why?
Why should there be no action taken?
Ask them to hold up their Action/No Action cards to indicate their opinion.
Consider
Q: What should the action be and why?
A: Find out why the children don’t want to go to school, discuss the problem with the parent, provide extra academic/personal support for the children as necessary
Q: Why should there be no action taken?
A: The parent is struggling with difficult personal circumstances.
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23. Stage Two Action No Action ? Family Law - Children and Parents
The school decides to take action and reports the matter to the education authority (EA).
The children’s mother is visited by an attendance officer from the EA. However, both girls continue to miss school.
The EA continues to try to get the children back in school, but does not succeed.
Their mother avoids contact and misses appointments to discuss the situation with officials.
Action
No Action ?
Consider:
What should the action be and why?
Should the local authority continue to focus on helping the mother or use a different strategy?
Should the mother be taken to court for failing to ensure that her children were in school? What impact might this have?
Consider
Q: What should the action be and why?
A: Further EA intervention? Action against the girls? Action against the mother?
Q: Should the education authority continue to focus on helping the mother or use a different strategy?
Q: Should the focus be on the school? Or the girls?
Q: Should the mother be taken to court for failing to ensure that her children were in school? What impact might this have?
A: The daughters may feel guilty if their mother is taken to court on their behalf and force them to go back to school. Not targeting the girls might mean they ignore the action.
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24. Stage Three Action No Action ? Family Law - Children and Parents
After almost a year of trying to get the girls back into schools, the EA decides to prosecute the girls’ mother. The attendance rates of the two girls were 29% and 43%.
The girls’ mother is found guilty of failing to prevent her daughters’ truancy.
No Action ?
Consider:
What should happen next?
How would you punish the mother and why?
Which do you favour? Why?
Consider
Q: What should happen next?
A: A person found guilty of failing to ensure that their child attends school may receive a fine (of up to £1000), for each child, a conditional discharge, an absolute discharge or an Education Supervision Order.
Q: How would you punish the mother and why?
Q: Would court action actually help?
Q: Which do you favour? Why?
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25. Stage Four Action No Action ? Family Law - Children and Parents
The mother was sentenced to 60 days in prison. While she was serving her sentence, her lawyers appealed, claiming that the sentence was excessive.
They were successful; it was reduced to 28 days and the mother was released from prison.
No Action ?
Consider:
Is this punishment just or is it too severe?
What do you think the possible consequences of this sentence could be? Who does it affect?
Would your parents/carers know if you didn’t turn up to school?
Consider
Q: Is this punishment just or is it too severe?
Q: What do you think the possible consequences of this sentence could be? Who does it affect?
A: The children would probably have to live with another relative or be taken into temporary care; this may mean having to move which could disrupt their education, could damage their relationship with their parent/s, and the relatives might not be happy about having children imposed on them. It may also be harder for the mother to find work having served a prison sentence, which could have negative implications for the family.
Q: Would your parents/carers know if you didn’t turn up to school?
Conclusion
You can tell the students that this was a real life case.
Several years later, talking about her experience, the elder daughter explained how guilty she felt that her mother had gone to prison because of her truancy. In fact, the daughter went straight back to school and started working hard and, despite all her absences, managed to pass a number of GCSEs.
Since this case, which took place in 2002, more than 60,000 parents have been prosecuted for failing to send their children to school, and more than 130 have been sent to prison.
Consider:
Q: Do you think truants would be more inclined to attend school if they knew that their parents would be punished for their non-attendance?
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26. Plenary Family Law - Children and Parents
Is it appropriate for the law to be used to shape people’s personal lives?
Should parents be able to bring up their children however they want?
Are there any areas of the relationship between parents and children that you think the law should definitely not intervene in?
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These questions can be in the form of written answers or a class discussion. You can use this as an opportunity to solidify the key principles (and revisit the learning objectives) and to clarify any insecurities in knowledge.
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