A father who refused to register his son’s birth has lost a high court case.

The London Borough of Tower Hamlets’ social services had asked a high court judge to rule on the case after the man and his partner refused to register their child, referred to as “T” throughout the hearing.

Mr Justice Hayden said the council was within its rights to act as the child’s “institutional parent” and register the birth, The Guardian newspaper reported.

The judge said that, while the baby had been given a name and surname, his father had deliberately decided not to register the birth because he feared such a course of action would, “cause his son to become controlled by a state which he perceives to be authoritarian and capricious”.

He added that the couple’s parenting skills were being assessed prior to a decision being made about the child’s long-term future.

The father’s behaviour towards the judge also led to him being handed a prison sentence.

Mr Justice Hayden emphasised that the Births and Deaths Registration Act 1953 required a birth to be registered within 42 days of a child being born.

He ruled: “It is manifestly in T’s best interest for his birth to be registered, in order that he may be recognised as a citizen and entitled to the benefits of such citizenship.”