J (Discharge of A Care Order) [2014] EWFC B199 (20 November 2014)

J (Discharge of A Care Order) [2014] EWFC B199 (20 November 2014)

The court refused to discharge the care order because J, now 13, has consistently and clearly expressed his wish to remain in his long-term foster placement, and any change would be contrary to his welfare. The parents' inability to reflect on past events and their failure to acknowledge J's feelings undermined the possibility of reunification. The court found no professional failings by the local authority and determined that further disruptive applications would harm J's welfare. The grandmother's contact should be promoted in line with J's wishes, but not as a basis for discharge of the care order.

Citation
[2014] EWFC B199
Parties
Applicant/parent: Mother; Applicant/parent: Father; Stepfather/supporter of Mother: Mr S; Applicant/grandparent: Paternal Grandmother; Respondent: Local Authority; Subject Child: J (child, born 2001); Non Party/former Subject Child: S (sister, now adult)
Jurisdiction
England and Wales
Judgment Date
20 November 2014
Procedural Posture
Children Act 1989 Proceedings (care Order, Contact, Discharge, S91(14)) / Contested Final Hearing on Applications to Discharge Care Order, Increase Contact, and Restrict Further Applications
Outcome
Applications to discharge the care order refused; s91(14) order granted; contact to grandmother promoted as per care plan; s34(4) order considered if necessary.
Legal Topics
Care Orders, Discharge of Care Orders, Contact With Children in Care, Section 91(14) Orders, Welfare of the Child, Parental Responsibility
Family Law Child Protection Care Orders Discharge of Care Orders Contact With Children in Care Section 91(14) Orders Welfare of the Child Parental Responsibility

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Parties

Mother

Applicant/parent

Father

Applicant/parent

Mr S

Stepfather/supporter of Mother

Paternal Grandmother

Applicant/grandparent

Local Authority

Respondent

J (child, born 2001)

Subject Child

S (sister, now adult)

Non Party/former Subject Child

Procedural Posture

Children Act 1989 Proceedings (care Order, Contact, Discharge, S91(14)) / Contested Final Hearing on Applications to Discharge Care Order, Increase Contact, and Restrict Further Applications

Legal Issues

  1. 1 Whether the final care order in respect of J should be discharged
  2. 2 Whether contact between J and his paternal grandmother should be increased
  3. 3 Whether a s91(14) Children Act 1989 order restricting further applications should be made

Ratio Decidendi

The court refused to discharge the care order because J, now 13, has consistently and clearly expressed his wish to remain in his long-term foster placement, and any change would be contrary to his welfare. The parents' inability to reflect on past events and their failure to acknowledge J's feelings undermined the possibility of reunification. The court found no professional failings by the local authority and determined that further disruptive applications would harm J's welfare. The grandmother's contact should be promoted in line with J's wishes, but not as a basis for discharge of the care order.

Court Disposition

Applications to discharge the care order refused; s91(14) order granted; contact to grandmother promoted as per care plan; s34(4) order considered if necessary.

Orders

  • Refusal of parents' applications to discharge the care order for J.
  • Grant of s91(14) Children Act 1989 order restricting further applications without leave of the court.