NP v (1) SOUTH GLOUCESTERSHIRE COUNTY COUNCIL (2) MLC (A CHILD) BY HIS GUARDIAN

A judge hearing an application under the Children Act 1989 s.39 to discharge a final care order did not have the jurisdiction, if he decided to discharge it, to substitute an interim care order. If the court was minded to discharge the care order, the only Children Act 1989 Part IV order it could substitute was a supervision order. In the absence of evidence that it was in the child's best interests to discharge the care order, the order would remain.
[2005] EWCA Civ 1329

Related Barristers:

Robin Tolson QC