Removal of Parental Responsibility, Re

Removal of Parental Responsibility, Re

Given the father's convictions for grave sexual and physical abuse against one child, the mother's conviction for failing to protect, the risk of ongoing emotional harm, and the inability of either parent to meet the children's needs, the court finds that final care orders with long-term foster care, discharge of the father's parental responsibility for the younger four children, section 34(4) orders refusing parental contact, and section 91(14) orders restricting the father's future applications are necessary and proportionate to safeguard the children's welfare.

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
11 December 2024
Procedural Posture
Care Proceedings / Final Judgment
Outcome
Final care orders granted for all five children; father's parental responsibility for the younger four children discharged; section 34(4) orders made for both parents; section 91(14) orders made against the father for the duration of the children's childhoods.
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 / Final Judgment

Legal Issues

  1. 1 Whether to grant final care orders for five children
  2. 2 Whether to discharge the father's parental responsibility for the younger four children
  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 grave sexual and physical abuse against one child, the mother's conviction for failing to protect, the risk of ongoing emotional harm, and the inability of either parent to meet the children's needs, the court finds that final care orders with long-term foster care, discharge of the father's parental responsibility for the younger four children, section 34(4) orders refusing parental contact, and section 91(14) orders restricting the father's future applications are necessary and proportionate to safeguard the children's welfare.

Court Disposition

Final care orders granted for all five children; father's parental responsibility for the younger four children discharged; section 34(4) orders made for both parents; section 91(14) orders made against the father for the duration of the children's childhoods.

Orders

  • Final care orders for S, L, LX, N, and AX
  • Section 34(4) orders authorising the local authority to refuse contact between the children and both parents