The Local Authority v F & Anor
[2023] EWFC 142
UDTQ (No Adequate Care Planning), Re
31 January 2024
[2024] EWFC 19 (B)
Family Court
The court decided that four children are not safe with their parents because of the father's abuse and the mother's struggles. Instead of adoption, the court wants the younger three kids to stay together in a good foster home. The oldest child needs special help and a new place to live because of problems at his current home.
Key Facts
- •Four children (U, D, T, Q) aged 7, 6, 3, and 2 respectively are subject to care proceedings.
- •The Local Authority initiated proceedings due to concerns of significant harm (emotional, physical, neglect) from parental care.
- •A long history of Local Authority involvement with the family, including previous proceedings in 2015 concerning older siblings.
- •Allegations of domestic abuse perpetrated by the father against the mother.
- •The mother admits to struggles with mental health, substance misuse, and inability to care for the children.
- •The father denies allegations of abuse but has communication difficulties.
- •Child U is placed in a residential unit, where multiple incidents of restraint occurred.
- •The Children's Guardian initially supported Placement Orders for the youngest three but later revised their recommendation.
- •Parallel proceedings under the Family Law Act 1996 for a Non-Molestation Order against the father.
Legal Principles
Threshold Criteria for Care Orders
Children Act 1989, section 31(2)
Definition of Domestic Abuse
Practice Direction 12J, paragraph 3
Standard of Proof
Re B [2008] UKHL 35
Welfare of the Child is Paramount
Children Act 1989, section 1
Placement Orders: Welfare Checklist
Adoption and Children Act 2002, section 1(4)
Adoption as a Last Resort
Re B [2013] UKSC 33
No Order Principle
Children Act 1989
Article 8 ECHR: Right to Family Life
Human Rights Act 1998
Outcomes
Threshold findings are made in accordance with the Local Authority’s pleaded threshold statement.
Evidence supports findings of significant harm attributable to parental care.
Findings of domestic abuse perpetrated by the father are made.
Mother's evidence, corroborated by audio recordings and photographs, is preferred over the father's unreliable testimony.
Non-Molestation Order against the father is extended.
Continued protection for the mother is deemed necessary.
Father's applications for Declaration of Parentage and Parental Responsibility Orders for the youngest three children are granted.
Paternity is confirmed by DNA evidence and the mother consents.
Local Authority's Placement Order applications for the youngest three children are dismissed.
The Children's Guardian's recommendation, supported by evidence of the unlikelihood of successful adoption and the urgent need for stable long-term foster care, is accepted.
Local Authority's applications for Care Orders are adjourned.
Updated care plans are required for each child, particularly for Child U, addressing the inadequacy of care planning and the need for expert assessment.