“…tion to discharge a care order has been considered by this court in two cases, one before and one since the Human Rights Act. In Re S (Discharge of Care Order) [1995] 2 FLR 639, Waite LJ said this at 643:…”
“…“[17] The test upon an application for discharge is clearly set out by this court as long ago as 1995 in Re S (Discharge of Care Order) [1995] 2 FLR 639 at 643. As Waite LJ put it:…”
“…ry from the outset. There is no obligation on a parent to satisfy the court that the threshold requirements no longer apply: see Re S (Discharge of Care Order) [1995] 2 FLR 639 per Waite LJ.…”
“… statutory check-list; the burden is on the parents to demonstrate that such an outcome is in the interests of the children: see Re S (Discharge of Care Order) [1995] 2 FLR 639.”…”
“…ve to apply is within section 1 of the Children Act 1989, the paramountcy of the children’s welfare. This was confirmed, for example, in the early case of Re S [1995] 2 FLR 639, Waite LJ at 634 making it clear that a parent does not need to establish that the threshold criteria no longer exists. That decision was followed in Re C [200…”