W, F, C and D (minors)(Name changes disclosing gender reassignment and other matters) (Rev 1) [2020] EWHC 279 (QB) (12 February 2020)

W, F, C and D (minors)(Name changes disclosing gender reassignment and other matters) (Rev 1) [2020] EWHC 279 (QB) (12 February 2020)

The court held that publishing both old and new forenames and surnames of minors undergoing gender reassignment in the London Gazette is a disproportionate interference with their Article 8 ECHR privacy rights and undermines future protections under the Gender Recognition Act 2004. The court directed that only the surname and date of the Deed be published, and that Deeds be retained at court pending review of archival procedures. Applications lacking consent from all persons with parental responsibility, or lacking the child's own consent where required, must be adjourned until compliance or a Family Court order is obtained.

Citation
[2020] EWHC 279 (QB)
Parties
Applicant: Child W; Applicant: Child F; Applicant: Child C; Applicant: Child D; Applicants/guardians: Parents of W, F, C, D
Jurisdiction
England and Wales
Judgment Date
12 February 2020
Procedural Posture
Application for Enrolment of Deed Poll for Name Change (minors) / Judgment on Applications and Procedural Directions
Outcome
Partial approval and adjournment
Legal Topics
Change of Name, Gender Reassignment, Children's Welfare, Parental Responsibility, Privacy, Deed Poll Procedure, Specific Issue Orders
Family Law Civil Procedure Human Rights Change of Name Gender Reassignment Children's Welfare Parental Responsibility Privacy +2 more

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Parties

Child W

Applicant

Child F

Applicant

Child C

Applicant

Child D

Applicant

Parents of W, F, C, D

Applicants/guardians

Procedural Posture

Application for Enrolment of Deed Poll for Name Change (minors) / Judgment on Applications and Procedural Directions

Legal Issues

  1. 1 Whether the current Deed Poll enrolment process for minors, especially those undergoing gender reassignment, complies with privacy and welfare requirements under the ECHR and domestic law
  2. 2 Whether publication of full names in the London Gazette is a disproportionate interference with privacy rights
  3. 3 Whether applications for name change without consent of all persons with parental responsibility can be granted

Ratio Decidendi

The court held that publishing both old and new forenames and surnames of minors undergoing gender reassignment in the London Gazette is a disproportionate interference with their Article 8 ECHR privacy rights and undermines future protections under the Gender Recognition Act 2004. The court directed that only the surname and date of the Deed be published, and that Deeds be retained at court pending review of archival procedures. Applications lacking consent from all persons with parental responsibility, or lacking the child's own consent where required, must be adjourned until compliance or a Family Court order is obtained.

Court Disposition

Partial approval and adjournment

Orders

  • For Child W: Deed Poll enrolment approved with publication limited to surname and date only; Deed to be retained at court, not archived, pending review; file marked Private; family to be informed of privacy implications.
  • For Child F: Application adjourned for proper consent of the child per Reg. 8(4); if approved, same publication and storage directions as for W.