S and T (care - final hearing – s91(14)), Re
[2023] EWFC 194
SR v RT
15 May 2024
[2024] EWFC 103 (B)
Family Court
A dad abused his wife and kids. The court said so. But the social services didn't believe the court! The judge ordered the kids to live with their mum, saying it was unsafe for them to stay with their abusive father. The judge also let the mum move back into the family home. The judge made sure the report is public so everyone knows about the mistake social services made.
Key Facts
- •Fact-finding hearing found father perpetrated serious domestic abuse against mother (coercive control, rape, strangulation), manipulating older children to copy his behavior.
- •Local authority's response rejected court findings, continuing to work with family as high-conflict case with children safe with father.
- •Mother sought child arrangements order for three children, returning them to her full-time care.
- •Father maintained current arrangements, supported by local authority's assessment that children were not at risk.
- •Local authority's reports inadequately addressed court's findings, minimizing father's abuse and blaming mother.
- •Court rejected local authority's risk assessment, finding children at risk in father's care due to ongoing abuse dynamics.
- •Older children expressed wishes to remain with father, influenced by his manipulation; youngest child wished to live with mother.
- •Court ordered younger two children to live with mother, with a phased transition plan for the oldest child.
Legal Principles
Court's approach to child arrangements in cases of domestic abuse; ensuring orders don't expose children to harm and are in best interests.
FPR 2010, Practice Direction 12J
Local authorities must accept court's factual findings as basis for assessment; cannot reject findings.
W (A Child) v Neath Port Talbot County Borough County & Others [2013 EWCA Civ 1227], Re N (Sexual Abuse Allegations: Professionals not Abiding by Findings of Fact) [2005] 2 FLR 340
Court's power to regulate occupation of family home under FLA 1996, s33; considering housing needs, financial resources, and effect on well-being.
FLA 1996, s33
Balancing of Article 8 (right to private and family life) and Article 10 (right to freedom of expression) rights in publication of judgments.
Re S [2004] UKHL 47, Griffiths v Tickle [2021] EWCA Civ 1882, Tickle v Herefordshire CC [2022] EWHC 1017, Abbasi v Newcastle Upon Tyne Hospitals NHS Trust [2022] 2 WLR 465
Outcomes
Younger two children to live with mother; phased transition plan for oldest child.
Mother's capacity to provide safe care; significant risks of harm in father's care due to ongoing abuse dynamics; children's individual needs considered.
Occupation order granting mother exclusive occupancy of family home for 12 months.
Mother's greater housing needs; father's earning capacity; need to provide mother with safe space to recover from abuse; father's abusive conduct.
Judgment published with family members and individual social worker anonymized, but local authority identified.
Balancing of Article 8 and 10 rights; public interest in accountability of local authority; protection of vulnerable children; unfairness of exposing social worker to criticism for systemic failings.