Successful application to amend SHPO

The applicant, whose SHPO had been imposed in 2015 for life, had been prohibited, with no qualification, from intentionally touching any person under the age of 16. The applicant later became a father and although there had been no recurrence of any allegations of problematic behaviour, the terms of the order meant he was prevented from touching his child in any way. Social services were involved with the family and aware of the order and were supervising visits and encouraging contact, having drafted their own agreement with him, while at the same time the applicant was being prosecuted in the criminal courts for a breach of SHPO for allegedly feeding his son, bringing into play potentially both his Article 5 and 7 rights. Application to amend the prohibition was made, to make exception for any children the applicant may have, subject to an order of the family court. The MPS opposed variation until the morning of the hearing, when it was agreed, and duly granted by the court.

Violet Smart was instructed by Grace Loncraine of Commons Law.