A City Council v DC & Ors

A City Council v DC & Ors

Upon revocation of a freeing order, the original care order made immediately prior is automatically revived by operation of statute, restoring parental responsibility to the parents and the local authority; the court has no discretion to substitute an interim care order, and parents' rights are protected by statutory mechanisms for contact and discharge applications.

Parties
Applicant: A City Council; 1st Respondent: D C; 2nd Respondent: J W; 3rd Respondent: J W W (A child acting by his guardian)
Jurisdiction
England and Wales
Judgment Date
11 January 2013
Procedural Posture
Family / Post Revocation of Freeing Order; Determination of Legal Consequences and Future Management
Outcome
Care order revived; interim care order discharged; procedural directions issued.
Legal Topics
Adoption, Care Orders, Parental Responsibility, Revocation of Freeing Orders, Human Rights
Family Law Child Law Adoption Care Orders Parental Responsibility Revocation of Freeing Orders Human Rights

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Parties

A City Council

Applicant

D C

1st Respondent

J W

2nd Respondent

J W W (A child acting by his guardian)

3rd Respondent

Procedural Posture

Family / Post Revocation of Freeing Order; Determination of Legal Consequences and Future Management

Legal Issues

  1. 1 Legal consequences of revocation of freeing order
  2. 2 Revival of care order
  3. 3 Restoration of parental responsibility

Ratio Decidendi

Upon revocation of a freeing order, the original care order made immediately prior is automatically revived by operation of statute, restoring parental responsibility to the parents and the local authority; the court has no discretion to substitute an interim care order, and parents' rights are protected by statutory mechanisms for contact and discharge applications.

Court Disposition

Care order revived; interim care order discharged; procedural directions issued.

Orders

  • Original care order revived upon revocation of freeing order
  • Interim care order discharged