BC ( Child in Care: Change of Forename and Surname), Re

BC ( Child in Care: Change of Forename and Surname), Re

The application is allowed because BC is a mature, competent child with a settled wish to change her forename and surname for good reason, namely to dissociate from her abusive father. The names chosen are not frivolous or harmful. The emotional and psychological benefit to BC outweighs any potential harm to family relationships or other concerns. The best interests of the child are paramount, and refusal would likely cause her significant distress. The views of the Local Authority and family are considered but are not sufficient to override BC’s welfare and wishes.

Parties
Applicant: BC; First Respondent: A Local Authority; Second Respondent: A Mother; Third Respondent: A Father
Jurisdiction
England and Wales
Judgment Date
26 June 2024
Procedural Posture
Family / Judgment After Application for Leave to Change Forename and Surname by Child in Care
Outcome
Application allowed
Legal Topics
Change of Name, Care Orders, Parental Responsibility, Welfare of the Child, Gillick Competence
Family Law Children Law Change of Name Care Orders Parental Responsibility Welfare of the Child Gillick Competence

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Parties

BC

Applicant

A Local Authority

First Respondent

A Mother

Second Respondent

A Father

Third Respondent

Procedural Posture

Family / Judgment After Application for Leave to Change Forename and Surname by Child in Care

Legal Issues

  1. 1 Whether a Gillick competent child in care should be granted leave to change her forename and surname against the wishes of her family and the local authority
  2. 2 What principles apply to a child in care's application to change name under the Children Act 1989

Ratio Decidendi

The application is allowed because BC is a mature, competent child with a settled wish to change her forename and surname for good reason, namely to dissociate from her abusive father. The names chosen are not frivolous or harmful. The emotional and psychological benefit to BC outweighs any potential harm to family relationships or other concerns. The best interests of the child are paramount, and refusal would likely cause her significant distress. The views of the Local Authority and family are considered but are not sufficient to override BC’s welfare and wishes.

Court Disposition

Application allowed

Orders

  • Leave granted for BC to change her forename and surname to JKL
  • BC to be assisted to change her name by unenrolled deed poll once she is 16 years old