D (Discharge of care order) [2016] EWFC B80 (23 September 2016)

D (Discharge of care order) [2016] EWFC B80 (23 September 2016)

The court determined that, despite the mother's significant progress and the advantages of restoring PD to her birth family, the risks associated with a potential breakdown of rehabilitation, the unpredictability of PD's reactions, and the lack of a consistently expressed wish by PD to return to her mother outweighed the benefits. The paramount need for stability and consistency for PD, given her history of disrupted placements and attachment difficulties, required that the care order continue and PD remain with her foster carer ST.

Citation
[2016] EWFC B80
Parties
Applicant: KD; First Respondent: Local Authority; Second Respondent: CD; Third Respondent: PD (Minor) (by her Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
23 September 2016
Procedural Posture
Application to Discharge Care Order / Judgment After Hearing
Outcome
Application to discharge care order refused; care order to continue with PD remaining in foster care.
Legal Topics
Care Orders, Discharge of Care Orders, Child Welfare, Contact Arrangements, Parental Responsibility
Family Law Child Law Care Orders Discharge of Care Orders Child Welfare Contact Arrangements Parental Responsibility

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Parties

KD

Applicant

Local Authority

First Respondent

CD

Second Respondent

PD (Minor) (by her Children's Guardian)

Third Respondent

Procedural Posture

Application to Discharge Care Order / Judgment After Hearing

Legal Issues

  1. 1 Whether the care order in respect of PD should be discharged and PD rehabilitated to her mother's care
  2. 2 What contact arrangements are in PD's best interests

Ratio Decidendi

The court determined that, despite the mother's significant progress and the advantages of restoring PD to her birth family, the risks associated with a potential breakdown of rehabilitation, the unpredictability of PD's reactions, and the lack of a consistently expressed wish by PD to return to her mother outweighed the benefits. The paramount need for stability and consistency for PD, given her history of disrupted placements and attachment difficulties, required that the care order continue and PD remain with her foster carer ST.

Court Disposition

Application to discharge care order refused; care order to continue with PD remaining in foster care.

Orders

  • Care order in respect of PD to continue; PD to remain with foster carer ST.
  • Contact between PD and her mother to be increased to approximately six-weekly, moving towards unsupervised contact as appropriate.