Neutral Citation Number: [2010] EWCC 32 (Fam)

In the County Court

Before:
HHJ X
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Between:

	A Local Authority	Applicant	
	And		
	A Mother	1st Respondent	
	And		
	A Father	2nd Respondent	

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Hearing dates: 09 Jun 2010

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WRITTEN REASONS

The written reasons are being distributed on the strict understanding that in any report, no person may be identified by name or location (Other than a person identified by name in the reasons themselves) and that in particular the anonymity of the children and the adult members of their family must be strictly preserved

Judgement

1	THE JUDGE:  This is an application made by the local authority to revoke a Care Order made in respect of S who was born approximately four years and eight months ago.  
2	The Care Order was made when S was about one year of age by the Judge and I have the judgment here.  I need not go into the history, that is well known to mum in particular and to everyone else and it is set out in the Judgment.  I can put matters simply, there is a sad history that unfortunately one comes across all too often  and I am not going to say anything more at this stage.
3	All too often in care cases - indeed I spent two days recently hearing an unrealistic discharge application in totally different circumstances than these I hasten to add - it is a story of parents not doing what they need to do to be in a position to look after a child.  Sometimes people come before the courts in an unrealistic mode.  Well I am pleased to say this case is one of the great success stories and I use those terms very advisedly.  I am not one to make excessive statements unless justified, but the advocate for the local authority has expressed in a few words the view of the local authority and their overwhelming desire today to explain to the court that mum  has not just pulled her life around but with it has given the support that young S clearly needs in her life with all  her very special needs.  
4	I do not seek to explain those special needs they are well documented. As I said my wife teaches in a school dealing with children who need special help and I as a governor in a school know of a child in mainstream education with down’s syndrome. Of course that is the way in which children with special needs now can go through school as long as they have the parental support. That is expected here.
5	In many ways I suspect the hardships that mum has experienced historically have shown she is someone who has been strong enough to come through all of this and that will help her. The future of caring for the child is not going to be easy, no one is suggesting to the contrary.  But clearly in the last few years she has so successfully brought her life round completely.
6	The guardian has prepared a short report - it does not need to be any longer - but he has carefully considered the background, carefully considered the position now from the child’s point of view and concludes, as the guardian’s counsel has said, in no doubt at all that there is only one place that S needs to be, and that is with mum.  That is probably as good a thing as you can say in these type of cases and one needs to say no more.
7	It gives me the greatest of pleasure I can assure you to discharge the Care Order, and in those few words that is all I have to do, so the Care Order is now discharged.  That means that you, mum, have parental responsibility.  It is shared with the father because that still exists, but I am quite confident and satisfied that despite the child’s obvious difficulties and despite father’s apparent non-commitment - who knows what the future will bring - that mum is able to succeed as the primary and likely sole carer. Mum you must if there is any doubt about father’s involvement, take the view that you are in charge of the care and welfare of your son and let him make application.  Of course he has rights, of course he may have wishes,[he also has obligations] and it is important if it can be the case that a child has both a  mum and a dad in his life, indeed I see you nodding and you acknowledge that.  But the fact is the child is looked after by you, you can be quite satisfied and confident that must not be put in any doubt whatsoever.
8	So I do make the order discharging the Care Order - that is the only order I have to make - and my wishes, as with everybody in this court without any doubt at all, are very much with you and for every success and happiness for the future.