F v SCC [2014] EWFC B61 (28 May 2014)

F v SCC [2014] EWFC B61 (28 May 2014)

The parents have not demonstrated sufficient change in insight, capacity, or ability to meet the children's needs. The risk of harm and lack of cooperation with professionals persist. The welfare of the children requires that the care orders remain in place and that direct contact with the parents, grandmother, and...

Source-derived case information.

Citation
[2014] EWFC B61
Parties
Applicant/parent: D F; Applicant/parent: N F; Respondent: Local Authority; Child: M F; Child: N F; Applicant for Contact: GM (Maternal Grandmother); Applicant for Contact: Mrs Phillips (Maternal Great Aunt)
Jurisdiction
England and Wales
Judgment Date
28 May 2014
Procedural Posture
Application to Discharge Care Orders and Applications for Contact / Final Judgment
Outcome
Application to discharge care orders dismissed. Applications for direct contact by parents, grandmother, and great aunt refused. Permission granted to local authority to refuse direct contact. Indirect contact to continue.
Legal Topics
Care Orders, Discharge of Care Orders, Contact With Children in Care, Welfare of the Child, Parental Capacity, Risk of Harm
Family Law Child Protection Care Orders Discharge of Care Orders Contact With Children in Care Welfare of the Child Parental Capacity Risk of Harm

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Summary, issues, holding and outcome

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Parties

D F

Applicant/parent

N F

Applicant/parent

Local Authority

Respondent

M F

Child

N F

Child

GM (Maternal Grandmother)

Applicant for Contact

Mrs Phillips (Maternal Great Aunt)

Applicant for Contact

Procedural Posture

Application to Discharge Care Orders and Applications for Contact / Final Judgment

Legal Issues

  1. 1 Whether the care orders in respect of M F and N F should be discharged
  2. 2 Whether direct contact between the children and their parents, grandmother, or great aunt should be permitted or refused
  3. 3 Whether the welfare of the children requires continued care orders and restriction of contact

Ratio Decidendi

The parents have not demonstrated sufficient change in insight, capacity, or ability to meet the children's needs. The risk of harm and lack of cooperation with professionals persist. The welfare of the children requires that the care orders remain in place and that direct contact with the parents, grandmother, and great aunt be refused to protect the children's stability and emotional well-being.

Court Disposition

Application to discharge care orders dismissed. Applications for direct contact by parents, grandmother, and great aunt refused. Permission granted to local authority to refuse direct contact. Indirect contact to continue.

Orders

  • Parents' application to discharge care orders dismissed
  • Local authority granted permission to refuse direct contact under s.34(4) Children Act 1989