Caselaw Digest
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Fatima & Ors, Re

[2023] EWFC 212
A father's youngest child died, and it was found he had abused his other children. The court took the children away from him and stopped him from seeing them for four years, to keep them safe.

Key Facts

  • Father found his youngest son, Tamer, unresponsive in bed on November 6, 2022.
  • Tamer died on November 9, 2022, from severe head trauma.
  • Police are investigating the father's responsibility for Tamer's death.
  • ABE interviews with the two older daughters revealed allegations of sexual abuse by the father.
  • Evidence of physical abuse against all children exists.
  • Local authority applied for final care orders for the four surviving children.
  • Mother does not oppose the local authority's proposal for long-term foster care.
  • Father accepts the local authority's plan but wishes the children to attend a state school.

Legal Principles

In care proceedings, the court's paramount consideration is the welfare of the child.

Children Act 1989, section 1(3)

The court can compel a parent to give evidence in care proceedings, but cannot force them to answer questions if they refuse.

Children Act 1989, section 98(1); Civil Evidence Act 1968, section 14

The test for making a section 91(14) order (preventing applications without leave) has been eased by the Domestic Abuse Act 2021.

Children Act 1989, sections 91(14) and 91A; Domestic Abuse Act 2021

A section 91(14) order does not need to be based on serious risk of harm; a slight risk suffices.

Re S and T (Care — fact finding — FII — emotional abuse) [2023] EWFC 195

Outcomes

Final care orders granted to Leicester City Council for the four surviving children.

The father's actions constituted significant harm to the children; neither parent is suitable to care for them.

Local authority permitted to refuse contact between the children and their father indefinitely.

In light of undisputed findings of fact regarding the father’s abuse.

Section 91(14) order made, preventing the father from making applications for discharge of care orders or contact until November 24, 2027.

To protect the children from further harm, despite the low risk of the father making an application. The four-year duration reflects a balance between protection and proportionality.

No order made regarding the children's schooling.

The children are thriving at their current Roman Catholic school, despite their Muslim heritage.

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