Removal of Parental Responsibility, Re (Rev1) [2024] EWFC 324 (B) (13 September 2024)

Removal of Parental Responsibility, Re (Rev1) [2024] EWFC 324 (B) (13 September 2024)

Given the father's convictions for multiple counts of rape and actual bodily harm against one child, the mother's conviction for failing to protect, and the grave risk of ongoing emotional harm, the welfare of the children requires final care orders with long-term foster care, refusal of all contact with the father, discharge of the father's parental responsibility for the younger four children, and a section 91(14) order restricting the father's future applications. The court finds that any form of contact or continued parental responsibility by the father would be contrary to the children's welfare and would risk further harm.

Citation
[2024] EWFC 324 (B)
Parties
Applicant: MCC; First Respondent: A Mother (M); Second Respondent: A Father (F); Respondents: The Children (via their Children's Guardian FR)
Jurisdiction
England and Wales
Judgment Date
13 September 2024
Procedural Posture
Care Proceedings (children Act 1989) / Final Hearing and Judgment
Outcome
Final care orders made for all five children; father's parental responsibility for the younger four children discharged; section 34(4) order authorising refusal of parental contact; section 91(14) order made against the father.
Legal Topics
Care Orders, Parental Responsibility, Contact With Children in Care, Section 91(14) Orders, Discharge of Parental Responsibility
Family Law Child Protection Care Orders Parental Responsibility Contact With Children in Care Section 91(14) Orders Discharge of Parental Responsibility

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Parties

MCC

Applicant

A Mother (M)

First Respondent

A Father (F)

Second Respondent

The Children (via their Children's Guardian FR)

Respondents

Procedural Posture

Care Proceedings (children Act 1989) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether final care orders should be made for all five children
  2. 2 Whether the father's parental responsibility for the younger four children should be discharged
  3. 3 Whether to make a section 34(4) order authorising the local authority to refuse contact between the children and their parents

Ratio Decidendi

Given the father's convictions for multiple counts of rape and actual bodily harm against one child, the mother's conviction for failing to protect, and the grave risk of ongoing emotional harm, the welfare of the children requires final care orders with long-term foster care, refusal of all contact with the father, discharge of the father's parental responsibility for the younger four children, and a section 91(14) order restricting the father's future applications. The court finds that any form of contact or continued parental responsibility by the father would be contrary to the children's welfare and would risk further harm.

Court Disposition

Final care orders made for all five children; father's parental responsibility for the younger four children discharged; section 34(4) order authorising refusal of parental contact; section 91(14) order made against the father.

Orders

  • Final care orders for all five children under section 31 Children Act 1989
  • Discharge of father's parental responsibility for the younger four children under section 4(2A) Children Act 1989