London Borough of Y v A Mother & Ors
[2023] EWFC 104 (B)
S and T (care - fact finding - FII - emotional abuse), Re
24 March 2023
[2023] EWFC 195
Family Court
Two sisters' mom was hurting them emotionally and sometimes physically. The judge listened to lots of people and decided the mom's actions weren't good for the kids. Now the kids will get help and support from people who can better care for them.
Key Facts
- •Sasha (13) and Tara (9) are sisters whose parents separated in 2014.
- •The mother has been the primary caregiver.
- •The father has struggled to maintain consistent contact due to alleged maternal obstruction.
- •The local authority initiated care proceedings in December 2021 due to concerns about the mother's parenting and the children's welfare.
- •The mother has made numerous allegations of abuse against the father, none of which were substantiated.
- •The mother has over-medicalized the children's issues, seeking numerous diagnoses and referrals that were not supported by medical professionals.
- •Sasha experienced significant self-harming behavior.
- •Sasha and Tara were living with their father temporarily.
- •The case involved multiple expert assessments.
Legal Principles
Burden of proof rests on the local authority.
The law section of the judgment
Standard of proof is balance of probabilities.
The law section of the judgment
Findings of fact must be based on evidence, not speculation.
The law section of the judgment
Totality of evidence must be considered.
Re T [2003] EWCA Civ 558
Analysis of lies told by witnesses.
R v Lucas [1981] QB 720, In Re H-C (Children) [2016] 4 WLR 85, H v City and Council of Swansea and Others [2011] EWCA Civ 195
Assessment of credibility and reliability of witnesses.
The law section of the judgment
Weight to attach to discrepancies in accounts.
Re A (A Child) [2020] EWCA Civ 1230, Lancashire v R [2013] EWHC 3064 (Fam)
Outcomes
Findings of fact were made against the mother, concluding that she emotionally and physically abused and neglected Sasha, and emotionally neglected Tara.
Overwhelming evidence from expert witnesses, professionals, and the children themselves supported these findings.
No findings were made against the father.
The local authority did not pursue any allegations against him and the evidence did not support them.
The court determined the threshold for public law orders was met.
Both children suffered significant harm and were at risk of further harm from their mother’s actions.