1 Garden Court

Legal test to discharge a care order (TT (children (discharge of care order))

Tahmina Rahman considers Re TT (children)(discharge of care order), in which the mother's appeal against the refusal of her application to discharge care orders was dismissed by the Court of Appeal. Permission had been sought from the Court of Appeal on the basis the mother had a real prospect of success, but was not granted on this basis. Instead permission had been granted because there was a compelling reason to hear the appeal. Lord Justice Peter Jackson undertook a helpful review of the law in relation to the discharge of care orders and set out guidance as to the correct legal test.

This analysis was first published by LexisPSL® on 26 May 2021

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