In many cases this may not be immediately clear as Ukrainian law operates differently to English law. It might not be clear whether a father has parental responsibility for example. A legal guardian may have been appointed according to the local laws applicable in the country where the order was made.
Parental responsibility is not affected when a parent or legal guardian consents to a child or young person travelling to the UK without them under the Homes for Ukraine scheme.
- A host or adult relative does not acquire parental responsibility as a result of the parent or legal guardian’s consent
- The parent, or any legal guardian, remains responsible for the child and the arrangements for their care
- By consenting to the arrangement, the parent or legal guardian is informally agreeing for the sponsor or relative to make day to day decisions regarding the child’s safety and well-being. But there is no formal delegation of parental responsibility.
In informal kinship arrangements, where the carer has no legal order for the child, there may be no one in England who has parental responsibility for the child. Practitioners will need to support families in this situation as they may face difficulties in making important decisions for the children.
For more information about parental responsibility, including who may have it and how it operates for a child depending on their care arrangements, see here. The page includes access to a parental responsibility quick facts guide.
Some Ukrainian children may travel, or live with, someone who was appointed by the Ukrainian court as:
- A foster carer with parental responsibility for them or
- A guardian with parental responsibility.
Usually such orders, and the parental responsibility they afford their carers, would be recognised in the UK by operation of law. This simply means the order is recognised without having to take further steps. This is possible because of Article 23 of the 1996 Hague Convention.
If the recognition of the order is disputed or challenged, carers can also apply to court in the England for recognition of Ukrainian orders under Article 24 of the 1996 Hague Convention. Recognition may only be refused for one of the reasons set out in Article 23 of the 1996 Hague Convention. For more
information see:
Practitioners may need to clarify that a legal guardian will have been appointed by a Ukrainian court order which is capable of recognition in the UK. Local Authority practitioners should seek legal advice from their legal department and may also wish to speak to Children and Families across Borders who may be able to assist. The Central Authority designated under the 1996 Hague Convention for Ukraine and the relevant part of the UK in which recognition is sought may be able to support this process, subject in particular to the capacity of the Ukrainian Central Authority.
The guidance for local authorities on making a request to the Central Authority can be found here.
The Department of Levelling Up, Housing and Communities can also verify any documents or orders to provide a view on whether an adult can exercise parental responsibility for a child using this email address: HFUUnaccompaniedMinors@levellingup.gov.uk.