RS v Birmingham City Council & Ors

RS v Birmingham City Council & Ors

The mother's applications to discharge care orders and for increased contact are dismissed as premature and not in the children's best interests. A s91(14) order is imposed for twelve months to prevent further applications without permission, to ensure stability and allow a track record of positive contact to develop.

Parties
Applicant: RS; 1st Respondent: Birmingham City Council; 2nd Respondent: AT; 3rd Respondent: MH; 4th Respondent: GF; 5th Respondent: The Children (via their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
04 July 2025
Procedural Posture
Family / Judgment on Application to Discharge Care Orders and for Increased Contact, With Consideration of S91(14) Children Act Order
Outcome
Applications dismissed; s91(14) order granted for twelve months
Legal Topics
Care Orders, Contact With Children, Discharge of Care Orders, Section 91(14) Orders, Children Act 1989
Family Law Child Law Care Orders Contact With Children Discharge of Care Orders Section 91(14) Orders Children Act 1989

Case Brief

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Parties

RS

Applicant

Birmingham City Council

1st Respondent

AT

2nd Respondent

MH

3rd Respondent

GF

4th Respondent

The Children (via their Children’s Guardian)

5th Respondent

Procedural Posture

Family / Judgment on Application to Discharge Care Orders and for Increased Contact, With Consideration of S91(14) Children Act Order

Legal Issues

  1. 1 Whether to discharge existing care orders for three children
  2. 2 Whether to increase contact between mother and children
  3. 3 Whether to impose a s91(14) Children Act 1989 order restricting further applications

Ratio Decidendi

The mother's applications to discharge care orders and for increased contact are dismissed as premature and not in the children's best interests. A s91(14) order is imposed for twelve months to prevent further applications without permission, to ensure stability and allow a track record of positive contact to develop.

Court Disposition

Applications dismissed; s91(14) order granted for twelve months

Orders

  • Mother's applications to discharge care orders and for increased contact are dismissed
  • No further applications under s34 or s39 Children Act 1989 regarding these children may be made by the mother for twelve months without permission of the court