S (application to discharge care order) [2018 EWFC B39 (13 July 2018)

S (application to discharge care order) [2018 EWFC B39 (13 July 2018)

The application to discharge the care order is dismissed because S's welfare requires that she remain in the care of the local authority. The father's parenting capacity is insufficient to meet S's complex needs, he has not undertaken the necessary therapy, and his actions have undermined S's placement and stability. The evidence overwhelmingly supports that S would be at greater risk of harm if returned to her father's care. A section 91(14) order is justified to prevent further disruptive applications until S completes her GCSEs, as further proceedings would be detrimental to her welfare.

Parties
Applicant: Father; Supporter of Applicant: Mother; Subject of Proceedings: S (child); Respondent: Local Authority; Guardian Ad Litem: KT (Guardian)
Jurisdiction
England and Wales
Judgment Date
13 July 2018
Procedural Posture
Care Order Discharge Application / Final Hearing and Judgment
Outcome
Application to discharge care order dismissed; section 91(14) order granted.
Legal Topics
Care Orders, Discharge of Care Orders, Section 91(14) Orders, Welfare of the Child, Parental Responsibility
Family Law Child Protection Care Orders Discharge of Care Orders Section 91(14) Orders Welfare of the Child Parental Responsibility

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Parties

Father

Applicant

Mother

Supporter of Applicant

S (child)

Subject of Proceedings

Local Authority

Respondent

KT (Guardian)

Guardian Ad Litem

Procedural Posture

Care Order Discharge Application / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the care order in respect of S should be discharged and S returned to her father's care
  2. 2 Whether a section 91(14) order should be made to restrict further applications by the parents

Ratio Decidendi

The application to discharge the care order is dismissed because S's welfare requires that she remain in the care of the local authority. The father's parenting capacity is insufficient to meet S's complex needs, he has not undertaken the necessary therapy, and his actions have undermined S's placement and stability. The evidence overwhelmingly supports that S would be at greater risk of harm if returned to her father's care. A section 91(14) order is justified to prevent further disruptive applications until S completes her GCSEs, as further proceedings would be detrimental to her welfare.

Court Disposition

Application to discharge care order dismissed; section 91(14) order granted.

Orders

  • Care order in respect of S remains in force; S to remain in local authority care.
  • Section 91(14) order made restricting both parents from making further applications without leave of the court until August 2020.