In a recent public law case and on behalf of the father, Emily Fildes successfully opposed the local authority's application, which was supported by the children's guardian, for interim care orders (ICO) in respect of the children due to remain living with the father. Instead, Emily referred the court to the case of Re JW (Child at Home under Care Order) [2023] EWCA Civ 944 and the recommendations of the President of the Family Division in the 2018 Public Law Working Group and argued that when children are to be returned to or remain placed in their parent’s care, there must be exceptional circumstances that warrant a need for a care order to be made as opposed to a supervision order that would provide the same oversight necessary for the welfare of the children. Emily successfully argued that interim supervision orders (ISO) were more appropriate, as the local authority did not need to share PR to provide support and assistance to the father.

Proceedings concluded with the making of final supervision orders for a period of 12 months, with all children remaining in the father's care.

Thank you to Hannah Smith at Bendles Solicitors for the instructions.