A Local Authority v SB & Ors [2023] EWFC 58 (B) (23 March 2023)

A Local Authority v SB & Ors [2023] EWFC 58 (B) (23 March 2023)

An order discharging parental responsibility under section 4(2A) Children Act 1989 is a welfare-based decision and not an automatic consequence of a declaration of non-parentage. The court must consider the child's welfare as paramount, applying the principles of the Children Act 1989, and only make such an order if it is in the child's best interests.

Citation
[2023] EWFC 58 (B)
Parties
Applicant: A Local Authority; Respondent (1): SB; Respondent (2): FM; Respondent (3): RK; Respondent (4) and (5): The Children (via their Children's Guardian); Respondent (5) and (6): DB and DB
Jurisdiction
England and Wales
Judgment Date
23 March 2023
Procedural Posture
Family Law Children / Judgment on Application to Discharge Parental Responsibility
Outcome
Application granted; Mr K's parental responsibility for N discharged.
Legal Topics
Parental Responsibility, Children Act 1989, Discharge of Parental Responsibility, Non Parentage Declaration, Special Guardianship, Welfare Principle
Family Law Parental Responsibility Children Act 1989 Discharge of Parental Responsibility Non Parentage Declaration Special Guardianship Welfare Principle

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Parties

A Local Authority

Applicant

SB

Respondent (1)

FM

Respondent (2)

RK

Respondent (3)

The Children (via their Children's Guardian)

Respondent (4) and (5)

DB and DB

Respondent (5) and (6)

Procedural Posture

Family Law Children / Judgment on Application to Discharge Parental Responsibility

Legal Issues

  1. 1 Whether parental responsibility acquired by a man named as father on a birth certificate but later found not to be the biological father can be discharged under section 4(2A) Children Act 1989
  2. 2 Whether such discharge is automatic upon declaration of non-parentage or requires a welfare-based decision
  3. 3 Whether the welfare principle applies to applications to discharge parental responsibility in these circumstances

Ratio Decidendi

An order discharging parental responsibility under section 4(2A) Children Act 1989 is a welfare-based decision and not an automatic consequence of a declaration of non-parentage. The court must consider the child's welfare as paramount, applying the principles of the Children Act 1989, and only make such an order if it is in the child's best interests.

Court Disposition

Application granted; Mr K's parental responsibility for N discharged.

Orders

  • Special guardianship order made in favour of Mr M for N.
  • Live-with child arrangements order made for M.