A Local Authority v EF & Ors
[2023] EWFC 178 (B)
Buckinghamshire Council v Mother & Ors
20 November 2024
[2024] EWFC 338 (B)
Family Court
A judge decided a young girl should live with her dad because her mum is very unwell and hasn't followed court orders. The dad has done some things wrong in the past, but he's trying to be better. The judge also made orders to help the family, like making sure the mum doesn't try to take the girl away and that she only sees the girl with supervision. This is all to make sure the girl is safe and happy.
Key Facts
- •Mother suffers from Paranoid Schizophrenia and is non-compliant with treatment.
- •Significant physical harm (untreated tooth decay) and emotional harm (denial of relationship with Father) found to have been suffered by the child (C).
- •Findings of domestic abuse were made against the Father in 2020, but he has since accepted responsibility and taken steps to mitigate the risk.
- •Maternal grandparents' special guardianship assessment was negative due to lack of insight into Mother's mental health and prioritization of Mother's needs over C's.
- •Child (C) has been living with the Father since October 2024.
- •Protracted litigation (nearly 3 years).
Legal Principles
Threshold Criteria for Care or Supervision Orders (Children Act 1989, s.31(2))
Children Act 1989
Welfare Checklist (Children Act 1989, s.1(3))
Children Act 1989
Least Interventionist Principle (Children Act 1989, s.1(5))
Children Act 1989
Proportionality and Necessity of Public Law Orders (Re B (Care: Interference with Family Life) [2003] 2 FLR 813)
Case Law
Risk Assessment (K (Children: Placement Orders) [2020] EWCA Civ 1503)
Case Law
Section 91(14) Orders (Children Act 1989) to prevent future applications without leave
Children Act 1989
Non-Molestation Orders (Family Law Act 1996, s.42)
Family Law Act 1996
Standard of Proof in Fact-Finding Hearings (Re L and M (Children) [2013] EWHC 1569 (Fam))
Case Law
Outcomes
Child Arrangements Order: Child to live with Father.
In the child's best interests given Father's capacity to care and willingness to promote contact with Mother, outweighing concerns about past domestic abuse (now mitigated).
Supervision Order for 12 months.
Necessary to manage contact with Mother and support work with Father's new wife, providing a period of stability.
Section 91(14) Order for 3 years.
To prevent Mother from making further applications without leave, given the protracted litigation and risk of further disruption.
Non-Molestation Order extended for 12 months.
To protect Father and child from Mother's harassment and potential for violence.
Specific Issue Order and Prohibited Steps Order.
To ensure Father has control of child's travel documents and prevent Mother from removing the child from his care.
Contact between C and Mother reduced and supervised.
To ensure child's safety and wellbeing, given Mother's mental health issues and lack of insight.