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.