F v M & Ors
[2023] EWFC 172 (B)
A Local Authority v EF & Ors
13 October 2023
[2023] EWFC 178 (B)
Family Court
Mom's actions hurt her kids, so the judge took the kids away and gave them to foster parents. Mom can only see them a few times a year, and can't contact them secretly. The judge also stopped mom from bothering the kids or the foster parents again, as well as other professionals.
Key Facts
- •Care proceedings concerning two children, AB (nearly 13) and CD (10), due to the mother's (EF) overly controlling behavior and exaggeration of their disabilities.
- •The mother was diagnosed with ADHD, ASD, dyslexia, and dyspraxia, but a psychiatrist cast doubt on the ASD and ADHD diagnoses.
- •The family had been known to social services since 2019 due to CD's educational needs and escalating concerns about the mother's behavior.
- •The case involved concurrent private law proceedings with allegations of abuse from both parents.
- •Interim care orders were made, and the children were placed in foster care, leading to multiple placement changes due to the mother's complaints and actions.
- •The mother made numerous unfounded complaints against professionals and the foster carers, often involving the police and other agencies.
- •The children were found to be significantly impacted by the mother's actions, exhibiting signs of coaching and emotional distress.
Legal Principles
Burden of proof rests on the party making the allegations; findings must be based on evidence, not speculation.
A (A Child) (No. 2) [2011] EWCA Civ 12
Civil standard of proof (balance of probabilities) applies in determining disputed facts.
Court must make a finding on disputed issues of fact, not avoid a decision.
All evidence must be considered holistically to determine facts.
Re T (children) [2004] 2 FLR 838
In private family proceedings, allegations of abuse must be carefully considered due to the potential for bias.
Re B [29]
A witness may lie for various reasons; a lie on one matter doesn't invalidate all testimony.
R v Lucas [1981] QB 720, Baker J in Re JS [2012] EWHC 1370
Lies may or may not be determinative of parenting capacity, depending on the circumstances.
Re A and others (children) [2021] EWCA Civ 451
Threshold criteria under s 31(2) of the Children Act 1989 must be met before making public law orders.
Children Act 1989, s31(2)
Child's welfare is paramount in all decisions relating to upbringing.
Children Act 1989
Global holistic assessment of realistic options is required when considering care orders.
Re B-S (Children) [2013] EWCA Civ 1146
Orders must be necessary and proportionate, and better for the child than no order.
Article 6 and Article 8 of the ECHR
Society must tolerate diverse parenting standards, including those that are eccentric or barely adequate.
Re L (Care: Threshold criteria) [2007] 1 FLR 2050
The best person to raise a child is usually the natural parent, unless the child's well-being is at risk.
Re KD (A Minor Ward) (Termination of Access) [1988] 1 AC 806
Outcomes
Full care orders for both children with a plan of long-term foster care, aiming for eventual placement with the father.
The mother's actions caused significant harm to the children; she lacked insight into her behavior and is unlikely to change.
Supervised contact four times a year for the mother, contingent on no unauthorized contact.
To protect the children from further harm and manipulation by the mother.
Unsupervised weekly contact for the father, gradually increasing, with a plan for eventual placement.
The father is considered a suitable carer, but the children need stability before a move.
Section 91(14) order preventing the mother from making further applications without court permission until AB's 18th birthday and CD's 16th birthday.
To protect the children from further harm and disruption caused by potential vexatious applications.
Non-molestation order against the mother protecting the children until AB's 18th and CD's 16th birthday, prohibiting contact with the press.
To prevent further harassment and ensure the children's safety and well-being.
Permission for the mother to disclose specified documents to the HCPC and GMC, with conditions.
To allow the mother to pursue her complaints, while ensuring transparency and mitigating potential harm.