A Father v Lancashire County Council

A Father v Lancashire County Council

The court dismissed the father's applications for discharge of the care order, increased contact, and injunctive relief under the Human Rights Act, finding no evidence of change in the father, no breach by the local authority of statutory or human rights duties regarding D's religious upbringing, and that D's welfare required stability in his current placement. The section 91(14) order sought by the local authority was refused, but judicial continuity was directed for any future applications.

Parties
Applicant: A Father; 1st Respondent: Lancashire County Council; 2nd Respondent: D’s Mother; 3rd Respondent: D’s Grandmother; 4th Respondent: D; 5th Respondent: A; 6th Respondent: A’s Mother
Jurisdiction
England and Wales
Judgment Date
30 July 2010
Procedural Posture
Family / Final Hearing
Outcome
Father's applications dismissed; section 91(14) order refused; judicial continuity directed.
Legal Topics
Care Orders, Contact Orders, Parental Responsibility, Religious Upbringing, Section 91(14) Orders, Children's Welfare, Human Rights Act Claims
Family Law Human Rights Law Care Orders Contact Orders Parental Responsibility Religious Upbringing Section 91(14) Orders Children's Welfare +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 20 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A Father

Applicant

Lancashire County Council

1st Respondent

D’s Mother

2nd Respondent

D’s Grandmother

3rd Respondent

D

4th Respondent

A

5th Respondent

A’s Mother

6th Respondent

Procedural Posture

Family / Final Hearing

Legal Issues

  1. 1 Whether to discharge the care order in respect of D
  2. 2 Whether to grant increased contact between father and D
  3. 3 Whether the local authority breached statutory and human rights duties regarding D's religious upbringing

Ratio Decidendi

The court dismissed the father's applications for discharge of the care order, increased contact, and injunctive relief under the Human Rights Act, finding no evidence of change in the father, no breach by the local authority of statutory or human rights duties regarding D's religious upbringing, and that D's welfare required stability in his current placement. The section 91(14) order sought by the local authority was refused, but judicial continuity was directed for any future applications.

Court Disposition

Father's applications dismissed; section 91(14) order refused; judicial continuity directed.

Orders

  • Father's undertaking not to apply for contact with A until his sixteenth birthday; no order on father's application for permission or A's mother's application for extension of section 91(14) order.
  • Father's applications regarding D under the Children Act 1989 dismissed.