A Local Authority v SB & Ors

A Local Authority v SB & Ors

An order discharging parental responsibility under section 4(2A) Children Act 1989 is a welfare-based decision, not an automatic consequence of a declaration of non-parentage. The court must consider the child's welfare as paramount, applying the welfare checklist and the no order principle. In this case, the court found that it was in N's best interests for Mr K's parental responsibility to be discharged, given the lack of a biological link, the peripheral nature of Mr K's role in N's life, and the risks associated with his lifestyle.

Parties
Applicant: A Local Authority; First Respondent: SB; Second Respondent: FM; Third Respondent: RK; Fourth and Fifth Respondents: The Children (via their Children’s Guardian); Fifth and Sixth Respondents: 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
Legal Topics
Parental Responsibility, Discharge of Parental Responsibility, Children Act 1989, Welfare Principle, Non Parentage Declaration
Family Law Child Law Parental Responsibility Discharge of Parental Responsibility Children Act 1989 Welfare Principle Non Parentage Declaration

Case Brief

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Parties

A Local Authority

Applicant

SB

First Respondent

FM

Second Respondent

RK

Third Respondent

The Children (via their Children’s Guardian)

Fourth and Fifth Respondents

DB and DB

Fifth and Sixth Respondents

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 the birth certificate but later found not to be the biological father should be discharged under section 4(2A) Children Act 1989
  2. 2 Whether the discharge of parental responsibility is a welfare-based decision or automatic upon declaration of non-parentage

Ratio Decidendi

An order discharging parental responsibility under section 4(2A) Children Act 1989 is a welfare-based decision, not an automatic consequence of a declaration of non-parentage. The court must consider the child's welfare as paramount, applying the welfare checklist and the no order principle. In this case, the court found that it was in N's best interests for Mr K's parental responsibility to be discharged, given the lack of a biological link, the peripheral nature of Mr K's role in N's life, and the risks associated with his lifestyle.

Court Disposition

Application granted

Orders

  • Mr K's parental responsibility for N is discharged with effect from the date of judgment.