E (A Child - Application to Discharge Care Order - Failures of the Local Authority), Re [2025] EWFC 223 (25 June 2025)

E (A Child - Application to Discharge Care Order - Failures of the Local Authority), Re [2025] EWFC 223 (25 June 2025)

The Care Order should not be discharged because, despite Emi's return home and progress, there remain unresolved safeguarding risks relating to the father's ongoing risk and the mother's ambivalence, as well as the need for continued oversight, support, and sibling contact arrangements that only a Care Order can guarantee. The failures of the local authority do not justify discharge, as Emi's welfare and safety require the continued intervention and parental responsibility of the local authority until adulthood.

Citation
[2025] EWFC 223
Parties
Applicant/child: Emi; Respondent/mother: Emi's mother; Respondent/father: Emi's father; Respondent/local Authority: West Sussex County Council; Guardian: Theresa Seale
Jurisdiction
England and Wales
Judgment Date
25 June 2025
Procedural Posture
Family Application to Discharge Care Order / Final Judgment on Application to Discharge Care Order
Outcome
Application to discharge Care Order refused; Care Order remains in force.
Legal Topics
Care Orders, Discharge of Care Orders, Welfare of the Child, Local Authority Duties, Parental Responsibility, Therapeutic Intervention, Sibling Contact
Family Law Child Protection Care Orders Discharge of Care Orders Welfare of the Child Local Authority Duties Parental Responsibility Therapeutic Intervention +1 more

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Parties

Emi

Applicant/child

Emi's mother

Respondent/mother

Emi's father

Respondent/father

West Sussex County Council

Respondent/local Authority

Theresa Seale

Guardian

Procedural Posture

Family Application to Discharge Care Order / Final Judgment on Application to Discharge Care Order

Legal Issues

  1. 1 Whether the Care Order for Emi should be discharged and replaced with a Supervision Order or remain in force
  2. 2 Whether continued intervention by the local authority is necessary and proportionate for Emi's welfare

Ratio Decidendi

The Care Order should not be discharged because, despite Emi's return home and progress, there remain unresolved safeguarding risks relating to the father's ongoing risk and the mother's ambivalence, as well as the need for continued oversight, support, and sibling contact arrangements that only a Care Order can guarantee. The failures of the local authority do not justify discharge, as Emi's welfare and safety require the continued intervention and parental responsibility of the local authority until adulthood.

Court Disposition

Application to discharge Care Order refused; Care Order remains in force.

Orders

  • Emi to remain at home in the care of their mother under the existing Care Order.
  • Local authority to continue to provide therapeutic and practical support to Emi and their mother.