Journal Article

Withdrawal of Parental Responsibility: Lost Authority and a Lost Opportunity

Gilmore, Stephen

2015

Overview

This comment examines Re D (Withdrawal of Parental Responsibility), the first reported Court Appeal decision on withdrawal of parental responsibility pursuant to section 4(2A) of the Children Act 1989. It demonstrates that the Court overlooked earlier Court of Appeal authority, resulting in tension in the Court's guidance. The comment criticises the Court of Appeal's characterisation of parental responsibility as entirely child-centred and its uncritical acceptance that the child's welfare is the paramount consideration in applications for withdrawal of parental responsibility. It argues that such an approach may not adequately respect the parent's interests in retaining parental responsibility, especially in the context of an order which is more draconian in effect than a care order. The impact upon applications for removal of parental responsibility of the new presumption of parental involvement, which was implemented shortly after the decision in Re D, is also considered.

• Publisher: Blackwell Publishing Ltd,John Wiley & Sons Ltd
• Subject: Appeals / Authority / Care orders / Child welfare / Children / Children Act 1989 / Convention for the Protection of Human Rights and Fundamental Freedoms / Court decisions / Courts of appeals / Employment policies / Parent and child / Parent participation / Parent-child relations / Parental responsibility / Parents & parenting / Presumption / presumption of parental involvement / Presumptions (Law) / Recording and registration / removal/withdrawal / s 4(2A) / Welfare