Key Facts
- •Care proceedings concerning two sisters, T (4 years) and Z (1 year), initiated by the London Borough of Y.
- •Mother has learning difficulties and likely ADHD; previous care proceedings involving her eldest child.
- •Concerns about domestic abuse and controlling behavior by the father.
- •Father initially failed to engage with proceedings, later instructing solicitors and seeking to challenge threshold findings.
- •Mother and Local Authority initially agreed on a threshold document, which the judge found insufficient.
- •Foster placement for mother and children ended due to T's behavioral issues.
- •Father's application to challenge the threshold was granted, and the threshold document was amended.
- •Hearing adjourned to allow for further evidence and assessments, including psychological assessments of T and Z, and a viability assessment of paternal family members.
Legal Principles
Standard of proof in care proceedings is the balance of probabilities.
Re B [2008] UKHL 35
Threshold criteria must be established with care and precision; distinction between fact and evidence crucial.
Re A (A Child) [2015] EWFC 11; Re J (A Child) [2015] EWCA Civ 222
Findings of fact must be based on evidence, not speculation.
Re A (A Child) (Fact Finding: Speculation) [2011] 1 FLR 1817; Re X (Children) [2015] EWHC 3651 (Fam)
Court must consider all circumstances, including credibility and reliability of witnesses.
Re B (Children) (care proceedings; Standard of Proof) [2008] UKHL 35; Re W and another (Non-accidental injury) [2003] FCR 346
Assessment of hearsay evidence requires careful consideration.
R v B County Council ex parte P [1991] 2 All ER 65
A witness lying about some matters does not mean they lied about everything (Lucas direction).
R v Lucas [1981] QB 720
Judges can make findings not sought by parties but should be cautious.
Z v A Local Authority [2022] EWCA Civ 1659; Re A (No 2) [2019] EWCA Civ 1947
Placement orders require very exceptional circumstances and must be proportionate to the legitimate aim under Article 8 ECHR.
E (A Child) (Care and Placement Orders) [2023] EWCA Civ 721
Outcomes
Father granted permission to challenge threshold findings.
Unjust to prevent challenge given belated engagement and weaknesses in initial threshold document; fairness and Article 6 ECHR rights.
Threshold document amended to include more specific allegations of domestic abuse and neglect.
To provide a more comprehensive and legally sound basis for determining threshold.
Threshold criteria met for both T and Z.
Findings of fact established domestic abuse, neglect, and lack of parental engagement putting the children at risk of significant harm.
Hearing adjourned to November 2023 for further evidence and assessments.
Necessary to obtain missing evidence, conduct psychological assessments, and explore alternative care options before making final welfare decisions.