The Mother & Anor v Shropshire Council & Anor

The Mother & Anor v Shropshire Council & Anor

The additional risk to H from travelling to Spain with her parents, as opposed to remaining in the UK, does not justify preventing the holiday. The evidence does not support a finding of dishonesty by the parents regarding the passport or holiday. Any perceived risk can be mitigated by daily contact with the Local Authority or Family Support Worker during the holiday.

Parties
Applicant: The Mother; Applicant: The Father; First Respondent: Shropshire Council; Second Respondent: H (a child, acting by her Children’s Guardian); Intervener: F
Jurisdiction
England and Wales
Judgment Date
23 May 2024
Procedural Posture
Family / Judgment on Application for Permission to Travel Abroad With Child Subject to Care Order
Outcome
Application granted
Legal Topics
Care Orders, Parental Responsibility, Child Travel Abroad, Risk Assessment, Learning Disabilities and Parenting
Family Law Child Protection Care Orders Parental Responsibility Child Travel Abroad Risk Assessment Learning Disabilities and Parenting

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Parties

The Mother

Applicant

The Father

Applicant

Shropshire Council

First Respondent

H (a child, acting by her Children’s Guardian)

Second Respondent

F

Intervener

Procedural Posture

Family / Judgment on Application for Permission to Travel Abroad With Child Subject to Care Order

Legal Issues

  1. 1 Whether H should be allowed to travel abroad with her parents while subject to a care order at home
  2. 2 Whether the parents acted dishonestly in obtaining H's passport and booking the holiday
  3. 3 Whether there is a material risk to H in travelling abroad with her parents

Ratio Decidendi

The additional risk to H from travelling to Spain with her parents, as opposed to remaining in the UK, does not justify preventing the holiday. The evidence does not support a finding of dishonesty by the parents regarding the passport or holiday. Any perceived risk can be mitigated by daily contact with the Local Authority or Family Support Worker during the holiday.

Court Disposition

Application granted

Orders

  • H is permitted to travel to Spain with her parents for the holiday in June 2024.
  • The parents are to maintain daily contact with the Local Authority or Family Support Worker during the holiday.