F v A Local Authority & Ors

F v A Local Authority & Ors

Given the history of trauma, the children's clear wishes, the father's lack of insight and relapse into substance misuse, and the risk of further emotional harm, it is necessary and proportionate to make a section 91(14) order restricting the father's applications until the youngest child reaches 18.

Parties
Applicant: F; First Respondent: A Local Authority; Second Respondent: M; Children/guardian: The Children (through their Guardian)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Family / Judgment on Application for Section 91(14) Order
Outcome
Section 91(14) order granted
Legal Topics
Section 91(14) Children Act 1989, Contact Orders, Care Orders, Domestic Abuse, Substance Misuse, Child Welfare
Family Law Child Protection Section 91(14) Children Act 1989 Contact Orders Care Orders Domestic Abuse Substance Misuse Child Welfare

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Parties

F

Applicant

A Local Authority

First Respondent

M

Second Respondent

The Children (through their Guardian)

Children/guardian

Procedural Posture

Family / Judgment on Application for Section 91(14) Order

Legal Issues

  1. 1 Whether to grant a section 91(14) order restricting the father's ability to make further applications without leave of the court
  2. 2 Whether such an order is necessary and proportionate until the youngest child reaches 18

Ratio Decidendi

Given the history of trauma, the children's clear wishes, the father's lack of insight and relapse into substance misuse, and the risk of further emotional harm, it is necessary and proportionate to make a section 91(14) order restricting the father's applications until the youngest child reaches 18.

Court Disposition

Section 91(14) order granted

Orders

  • The father is prohibited from making any application for contact or to discharge the care orders concerning the children without first obtaining leave of the court, until the youngest child reaches 18.