Re D F G and H (care proceedings)
[2024] EWFC 30 (B)
A Local Authority v A Mother & Anor (Alleged Honour Based Abuse), Re
1 May 2024
[2024] EWFC 177
Family Court
After their oldest sister was murdered, four siblings were taken from their parents because the court found the parents abused them and tried to force their daughters into unwanted marriages. Even though the parents weren't involved in the murder, the family's controlling ways and culture of secrecy were seen as too dangerous for the children's well-being. The judge decided the children would be better off in foster care, with limited contact with their parents.
Key Facts
- •A, the eldest sister, was murdered by a wider family member (H).
- •The Local Authority initiated proceedings concerning the remaining four children (B, C, D, E, F).
- •Allegations of honour-based abuse (HBA) were made against the parents.
- •The children initially made allegations of abuse and plans for forced marriage, then retracted them.
- •The children were temporarily placed with a family member (L) then with G before returning home.
- •The Father disappeared before H's trial.
- •The case involved assessing the risk of HBA and the children's welfare.
- •Multiple witnesses testified, including the investigating officer, family members, and experts on HBA and child psychology.
Legal Principles
Burden of proof lies on the Local Authority; standard of proof is balance of probabilities.
Re B [2008] UKHL 35
Findings of fact must be based on evidence, not speculation.
Re A (A child) (Fact Finding Hearing: Speculation) [2011] EWCA Civ 12
The court must consider all evidence in context.
Re T [2004] EWCA Civ 558
Expert opinions must be considered alongside other evidence.
A County Council v KD & L [2005] EWHC 144 Fam
Witness lies do not invalidate all testimony; consider reasons for lying.
R v Lucas [1981] QB 720
Test for identifying a perpetrator of harm is balance of probabilities.
Re SB (Children) [2009] EWCA Civ 1048
Court must consider proportionality and necessity when making care orders.
In the matter of H-W (Children) [Year Y] UKSC 17
Care orders should only be made if necessary for child protection; supervision orders may be sufficient.
JW (Child at Home under Care Order) [2023] EWCA Civ 944
In FMPO cases, the court must accommodate Article 3 (prohibition of torture) and Article 8 (right to private and family life) rights; proportionality assessment is required.
Re K (Forced Marriage: Passport Order) [2020] EWCA Civ 190
Outcomes
Care orders made for all four children, placing them in long-term foster care.
High risk of harm due to parental conduct, family culture, and lack of honesty and engagement from the parents and other family members.
FMPOs to remain in place for C and D until age 21.
Ongoing risk of forced marriage; unknown whereabouts of the Father.
FMPO discharged for B.
B is an adult and considered capable of protecting herself.
Supervised family time reduced to once a month for the Mother and B, with G attending three times a year and additional sibling contact.
Reduce the children's exposure to harmful family influences and to promote emotional healing.