Challenging care order

In re W (children: removal into care) CA TLR 25 May

Care orders were made in respect of twins based on a care plan for them to remain at home with their parents. Unfortunately the care plan did not work and the local authority removed the children. The parents’ legal reaction was to file applications for discharge of the care orders. The local authority issued applications to free for adoption and the parents issued another application under the Human Rights Act 1998. With the benefit of hindsight the remedy sought by the parents to discharge the care orders was quite simply wrong. Further, their application under the Human Rights Act should have been issued at the earliest possible opportunity before the children had been removed and not as a reaction to their removal.