M (Children), Re (No 2)

M (Children), Re (No 2)

Given the positive assessments of the parents' ability to care for the children and the absence of ongoing risk, the court found no justification for continuing the wardship orders and discharged them by consent.

Parties
Applicant Local Authority: Reading Borough Council; Respondents: Parents of M (Children); Children's Guardian: Children's Guardian (Mr DV)
Jurisdiction
England and Wales
Judgment Date
20 October 2015
Procedural Posture
Wardship Proceedings / Final Judgment/order
Outcome
wardship orders discharged; proceedings concluded
Legal Topics
Wardship, Inherent Jurisdiction, Child Welfare, Parental Responsibility
Family Law Child Protection Wardship Inherent Jurisdiction Child Welfare Parental Responsibility

Case Brief

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Parties

Reading Borough Council

Applicant Local Authority

Parents of M (Children)

Respondents

Children's Guardian (Mr DV)

Children's Guardian

Procedural Posture

Wardship Proceedings / Final Judgment/order

Legal Issues

  1. 1 Whether the children should remain wards of court
  2. 2 Whether the parents can adequately care for the children given their religious beliefs
  3. 3 Whether the risks to the children are manageable without court orders

Ratio Decidendi

Given the positive assessments of the parents' ability to care for the children and the absence of ongoing risk, the court found no justification for continuing the wardship orders and discharged them by consent.

Court Disposition

wardship orders discharged; proceedings concluded

Orders

  • The wardship orders made on 4 May 2015 and renewed on 8 May 2015 are discharged.
  • The order requiring retention of the parents' and children's passports is discharged and the passports are to be returned.