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The London Borough of Newham v Emma & Ors

[2024] EWFC 29 (B)
Two young siblings lived in a home with a history of abuse. Their father, also their grandfather to the younger, had abused their older sister and then fathered a child with her. The judge decided it was best for the children to stay in the good foster homes they were in, and to never see their father again to protect them from further harm. The police were also given the evidence to pursue charges against their father.

Key Facts

  • Maisie (5) and Thomas (4) are siblings from a complex family with a history of abuse and neglect.
  • Thomas's mother is Emma, and his father is Shaun, Emma's father (incest).
  • Multiple care proceedings involving Shaun and Janene's children.
  • DNA testing confirmed Shaun's paternity of Thomas.
  • Significant concerns about Shaun's sexual abuse of Emma and risk to both children.
  • The local authority sought care and placement orders for both children.
  • Various family members' positions shifted during proceedings.
  • Guardians opposed placement orders but supported withholding contact with Shaun.

Legal Principles

Threshold Criteria for Care Orders

Children Act 1989 (CA 1989), s31(2)

Paramount Consideration of Children's Welfare

Children Act 1989, s1; Adoption and Children Act 2002, s1

Necessity Test for Severing Parental Ties

Re B (A Child) [2013] UKSC 33; Re B-S (Children) [2014] 1 FLR 1035

Article 8 ECHR (Right to Family Life)

European Convention on Human Rights, Article 8

Local Authority's Duty to Allow Contact

CA 1989, s34(1); Sch 2, para 15

Court's Power to Authorise Refusal of Contact

CA 1989, s34(4)

Inappropriateness of Relying on Past Findings

Re S & Others (Children: Care Order) [2019] 1 FLR 363

Disclosure of Material to Police

Re EC (Disclosure of Material) [1996] 2 FLR 725

Outcomes

Care orders for both children, placement orders refused.

Children's high needs and challenges in finding suitable adoptive placements; current foster care offers stability and support.

Long-term foster care for both children.

Best interests of children considering their individual needs, ages, and current care arrangements. For Thomas, the foster family has become his family.

Permission for local authority to withhold contact with Shaun.

Shaun poses a significant risk of sexual harm; contact would be harmful and undermine efforts to help children understand and process the abuse.

Permission to disclose DNA evidence to the police.

Strong public interest in investigating the alleged serious crime; inter-agency cooperation.

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