UDTQ (No Adequate Care Planning), Re
[2024] EWFC 19 (B)
Removal of Parental Responsibility, Re
13 September 2024
[2024] EWFC 324 (B)
Family Court
Because the father sexually abused one of his children, and the mother didn't protect her, the court took the children away and gave them to foster carers. The father is no longer allowed to make decisions for the children. To protect the children from further upset caused by the father, the court ordered that he can't apply to the court for anything regarding the children without getting permission first.
Key Facts
- •Local Authority (MCC) applied for care orders for five children (S, L, LX, N, AX).
- •Father (F) was found guilty of multiple counts of rape and assault of S.
- •Mother (M) pleaded guilty to failing to protect S from abuse.
- •Both parents were also found guilty of perverting the course of justice.
- •Threshold was agreed, and there was no opposition to final care orders.
- •Local Authority also sought discharge of Father's parental responsibility and a Section 91(14) order.
Legal Principles
Child's welfare is paramount.
Children Act 1989, section 1(1)
Presumption of parental involvement furthering child's welfare.
Children Act 1989, section 2A and 2B
Court's power to make orders regarding contact with children in care.
Children Act 1989, section 34
Court's power to discharge parental responsibility for an unmarried father.
Children Act 1989, section 4(2A)
Section 91(14) orders to restrict future applications to court.
Children Act 1989, section 91(14) and section 91A
Outcomes
Care orders granted for all five children.
Threshold was crossed, and neither parent was capable of caring for the children.
Section 34(4) orders made for both parents.
To allow the Local Authority flexibility in managing contact, given the circumstances.
Father's parental responsibility discharged.
Father's inability to meet children's needs and the risk of harm posed by his continued involvement.
Section 91(14) orders made for the duration of the children's childhoods.
To protect the children from the destabilising effects of future applications by the father.