A, B, C (Children : care orders) No. 4 [2018] EWFC 98 (06 April 2018)

A, B, C (Children : care orders) No. 4 [2018] EWFC 98 (06 April 2018)

The Father's application for permission to discharge the care order for Child C is refused due to lack of merit, ongoing risk, and absence of any practical plan for care. The section 91(14) order is made against the Father to prevent further unmeritorious litigation. The Mother's application for discharge of care orders cannot be determined without an independent social work assessment, which is ordered due to the absence of any prior assessment and the need for further information to resolve the proceedings justly.

Citation
[2018] EWFC 98
Parties
Applicant: Father; Applicant: Mother; Respondent: A Local Authority; Respondent: Child A; Respondent: Child B; Respondent: Child C
Jurisdiction
England and Wales
Judgment Date
06 April 2018
Procedural Posture
Care Proceedings (children Act 1989) / Interlocutory Judgment on Applications for Discharge of Care Orders, Contact, and Section 91(14) Orders
Outcome
Father refused permission to apply for discharge of care order for Child C; section 91(14) order made against Father; Mother's application for discharge of care orders adjourned for independent social work assessment; section 34(4) application adjourned.
Legal Topics
Care Orders, Discharge of Care Orders, Contact With Children in Care, Section 91(14) Barring Orders, Expert Evidence, Sibling Placement, Cultural and Religious Needs in Care
Family Law Child Protection Care Orders Discharge of Care Orders Contact With Children in Care Section 91(14) Barring Orders Expert Evidence Sibling Placement +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 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Father

Applicant

Mother

Applicant

A Local Authority

Respondent

Child A

Respondent

Child B

Respondent

Child C

Respondent

Procedural Posture

Care Proceedings (children Act 1989) / Interlocutory Judgment on Applications for Discharge of Care Orders, Contact, and Section 91(14) Orders

Legal Issues

  1. 1 Whether permission should be granted to the Father to apply for discharge of the care order for Child C
  2. 2 Whether permission should be granted to the Mother to apply for discharge of the care orders for all three children
  3. 3 Whether the Local Authority should be permitted to refuse contact between the Father and the children under section 34(4) Children Act 1989

Ratio Decidendi

The Father's application for permission to discharge the care order for Child C is refused due to lack of merit, ongoing risk, and absence of any practical plan for care. The section 91(14) order is made against the Father to prevent further unmeritorious litigation. The Mother's application for discharge of care orders cannot be determined without an independent social work assessment, which is ordered due to the absence of any prior assessment and the need for further information to resolve the proceedings justly.

Court Disposition

Father refused permission to apply for discharge of care order for Child C; section 91(14) order made against Father; Mother's application for discharge of care orders adjourned for independent social work assessment; section 34(4) application adjourned.

Orders

  • Father refused permission to apply for discharge of care order for Child C
  • Section 91(14) Children Act 1989 order made against Father