Key Facts
- •Appeal concerns the Children Act 1989's distinction in revoking parental responsibility between married and unmarried parents.
- •Married parents' parental responsibility cannot be revoked; unmarried parents' can be revoked by court order.
- •Appellant mother argues this discriminates against married mothers, breaching ECHR rights.
- •First instance judge dismissed the application, issuing a prohibited steps order effectively removing the father's parental rights.
- •The father was found to have engaged in extensive physical, emotional, psychological and sexual abuse towards the mother and children.
Legal Principles
Definition of parental responsibility
Children Act 1989, s 3(1)
Acquisition of parental responsibility
Children Act 1989, s 2
Revocation of parental responsibility for unmarried parents
Children Act 1989, ss 4(2A), 4ZA(5), 4A(3)
Court's power to control the exercise of parental responsibility
Children Act 1989, s 8
Prohibited steps orders
Children Act 1989, s 8
ECHR Article 8: Right to respect for private and family life
European Convention on Human Rights, Article 8
ECHR Article 14: Prohibition of discrimination
European Convention on Human Rights, Article 14
Human Rights Act 1998, s 4: Declaration of incompatibility
Human Rights Act 1998, s 4
Human Rights Act 1998, s 3: Interpretation of legislation compatibly with Convention rights
Human Rights Act 1998, s 3
Justification of discrimination under ECHR
R (Tigere) v Secretary of State for Business, Innovation and Skills [2015] UKSC 57
Outcomes
Appeal dismissed; application for a declaration of incompatibility refused.
The distinction between married and unmarried parents regarding revocation of parental responsibility is justified. The court held that the impact of not being able to revoke a married father's parental responsibility was minimal in cases where prohibited steps orders already effectively removed the father's ability to exercise those rights. The long-standing principle of affording priority to marriage in family law was upheld.