D-C (A Child) [2016] EWFC B61 (17 August 2016)

D-C (A Child) [2016] EWFC B61 (17 August 2016)

The application to discharge the care order is refused because A's welfare is best served by remaining in foster care. The risk of emotional harm from returning to her mother's care outweighs the harm of continued separation. A's application was prompted and driven by her mother, and her current placement meets her needs. The progression of contact with her mother should be structured and subject to clear expectations.

Citation
[2016] EWFC B61
Parties
Applicant: A; Respondent: Local Authority (LA); Respondent: M (Mother); Children's Guardian: Children's Guardian (CG)
Jurisdiction
England and Wales
Judgment Date
17 August 2016
Procedural Posture
Application to Discharge Care Order / Final Judgment on Application to Discharge Care Order
Outcome
Application to discharge care order refused; A remains in foster care.
Legal Topics
Care Orders, Discharge of Care Orders, Welfare of the Child, Contact Arrangements, Parental Responsibility
Family Law Child Protection Care Orders Discharge of Care Orders Welfare of the Child Contact Arrangements Parental Responsibility

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Parties

A

Applicant

Local Authority (LA)

Respondent

M (Mother)

Respondent

Children's Guardian (CG)

Children's Guardian

Procedural Posture

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

Legal Issues

  1. 1 Whether the care order in respect of A should be discharged under the Children Act 1989
  2. 2 Whether A's welfare requires revocation of the care order
  3. 3 Appropriate arrangements for contact between A and her mother

Ratio Decidendi

The application to discharge the care order is refused because A's welfare is best served by remaining in foster care. The risk of emotional harm from returning to her mother's care outweighs the harm of continued separation. A's application was prompted and driven by her mother, and her current placement meets her needs. The progression of contact with her mother should be structured and subject to clear expectations.

Court Disposition

Application to discharge care order refused; A remains in foster care.

Orders

  • Refusal of application to discharge care order.
  • Local authority to provide a revised contract of expectations for contact, including obligations on both the local authority and M.