Key Facts
- •Mother emotionally, verbally, physically abused and neglected Sasha (14) and emotionally harmed and neglected Tara (9).
- •Mother falsely claimed numerous diagnoses for both children.
- •Mother isolated the children's father and undermined his parenting.
- •Mother failed to ensure consistent school attendance and home schooling.
- •Mother failed to protect Sasha from self-harm.
- •Sasha is in local authority care and continues to present with complex needs.
- •Tara is living with her father and thriving.
- •Mother's contact with children caused concerns, including secret communications.
- •Sasha chose not to have contact with her mother.
- •Tara wished to return to her mother's care despite a positive life with her father.
Legal Principles
Threshold criteria for making public law orders under Section 31(2) Children Act 1989.
Children Act 1989
Welfare checklist factors at section 1(3) of the Children Act 1989 in determining child arrangements.
Children Act 1989
Section 91(14) Orders: Further Provision under Section 91A of the Children Act 1989 (inserted by section 67 of the Domestic Abuse Act 2021), considering risk of harm to a child from further applications.
Children Act 1989, Domestic Abuse Act 2021
Re A (a child) (supervised contact) [2022] 1 FLR 1019 and A Local Authority v F and others [2022] EWFC concerning Section 91(14) orders.
Case law
Re P ( Section 91(14) ) (Guidelines) (Residence and Religious Heritage) [2000] Fam 15 regarding Section 91(14) orders.
Case law
Practice Direction 12Q of the Family Procedure Rules 2010 relating to Section 91A Children Act 1989.
Family Procedure Rules 2010
Outcomes
Care order for Sasha to continue at Placement P.
Sasha's complex needs require specialist care.
Child arrangements order for Tara to live with her father.
Father and his partner can meet Tara's needs and provide a safe and stable environment. Mother poses a risk of harm.
Contact between Tara and her mother reduced to once a month (plus birthday and Christmas), supervised in a contact centre.
To protect Tara from further harm and allow her to settle with her father. Mother's behaviour continues to pose a risk.
Section 91(14) order prohibiting the mother from applying for any orders under section 8 of the Children Act 1989 for three years.
To protect Tara from further litigation and allow her to settle. Mother has not demonstrated insight or acceptance of responsibility.