A Local Authority v X & Ors [2020] EWFC 78 (17 December 2020)

A Local Authority v X & Ors [2020] EWFC 78 (17 December 2020)

Given the father's persistent and disruptive litigation, lack of insight, and risk to the stability of the placement, a two-year s.91(14) order is necessary and proportionate. Injunctive relief excluding the father from a defined area is justified to protect the welfare and security of Z and his mother. The current contact regime is in Z's best interests and should not be increased.

Citation
[2020] EWFC 78
Parties
Applicant: A Local Authority; First Respondent: X (acting through her litigation friend, the Official Solicitor); Second Respondent: Y; Third Respondent: Z (a Child) through his Guardian
Jurisdiction
England and Wales
Judgment Date
17 December 2020
Procedural Posture
Care Proceedings Under the Children Act 1989 and Applications for Injunctive Relief / Post Final Care Order; Applications for Injunctive Relief, S.91(14) Order, and Variation of Contact
Outcome
Applications for injunctive relief and s.91(14) order granted; application for increased contact dismissed.
Legal Topics
Care Orders, Contact Arrangements, Injunctive Relief, Section 91(14) Children Act 1989, Inherent Jurisdiction, Litigation Restraint, Parental Responsibility
Family Law Child Law Public Law Care Orders Contact Arrangements Injunctive Relief Section 91(14) Children Act 1989 Inherent Jurisdiction +2 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 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

A Local Authority

Applicant

X (acting through her litigation friend, the Official Solicitor)

First Respondent

Y

Second Respondent

Z (a Child) through his Guardian

Third Respondent

Procedural Posture

Care Proceedings Under the Children Act 1989 and Applications for Injunctive Relief / Post Final Care Order; Applications for Injunctive Relief, S.91(14) Order, and Variation of Contact

Legal Issues

  1. 1 Whether to grant further injunctive relief to protect the placement of Z and his mother
  2. 2 Whether to vary existing contact arrangements between Z and his father
  3. 3 Whether to impose a s.91(14) Children Act 1989 order restricting further applications by the father

Ratio Decidendi

Given the father's persistent and disruptive litigation, lack of insight, and risk to the stability of the placement, a two-year s.91(14) order is necessary and proportionate. Injunctive relief excluding the father from a defined area is justified to protect the welfare and security of Z and his mother. The current contact regime is in Z's best interests and should not be increased.

Court Disposition

Applications for injunctive relief and s.91(14) order granted; application for increased contact dismissed.

Orders

  • A two-year s.91(14) Children Act 1989 order restricting the father's applications without leave of the court.
  • An injunction for two years excluding the father from a defined area around the home of Z and his mother.