Salford CC v W & Ors (Religion and Declaration of Looked After Status)

Salford CC v W & Ors (Religion and Declaration of Looked After Status)

It is not in the children's best interests to prohibit their participation in Roman Catholic sacraments, given their established religious identity, integration in their family and community, and the absence of evidence of harm. The High Court has jurisdiction to grant a declaration regarding looked after status, and in these circumstances, it is appropriate to consider the application, subject to involvement of relevant local authorities.

Parties
Applicant: Salford City Council; First Respondent: W; Second Respondent: X; Third Respondent: Y; Fourth Respondent: Z; Fifth to Ninth Respondents: B, C, D, E and F (Children acting through their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
19 January 2021
Procedural Posture
Family / Judgment on Applications for Prohibited Steps Order and Declaration of Looked After Status
Outcome
Mother's application for prohibited steps order dismissed; application for declaration of looked after status adjourned for directions.
Legal Topics
Prohibited Steps Order, Special Guardianship, Religious Upbringing, Declaration of Looked After Status
Family Law Child Welfare Prohibited Steps Order Special Guardianship Religious Upbringing Declaration of Looked After Status

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Parties

Salford City Council

Applicant

W

First Respondent

X

Second Respondent

Y

Third Respondent

Z

Fourth Respondent

B, C, D, E and F (Children acting through their Children’s Guardian)

Fifth to Ninth Respondents

Procedural Posture

Family / Judgment on Applications for Prohibited Steps Order and Declaration of Looked After Status

Legal Issues

  1. 1 Whether it is in the children's best interests to make a prohibited steps order preventing participation in Roman Catholic sacraments
  2. 2 Whether the High Court has jurisdiction to grant a freestanding declaration regarding the children's looked after status

Ratio Decidendi

It is not in the children's best interests to prohibit their participation in Roman Catholic sacraments, given their established religious identity, integration in their family and community, and the absence of evidence of harm. The High Court has jurisdiction to grant a declaration regarding looked after status, and in these circumstances, it is appropriate to consider the application, subject to involvement of relevant local authorities.

Court Disposition

Mother's application for prohibited steps order dismissed; application for declaration of looked after status adjourned for directions.

Orders

  • Dismissal of prohibited steps order application
  • Adjournment of declaration application