UDTQ (No Adequate Care Planning), Re
[2024] EWFC 19 (B)
XJA and YJA (Children) (Care Orders: domestic abuse), Re
13 May 2024
[2024] EWFC 97
Family Court
A father abused his partner and children. Even though the children want to go home, the court decided the mom couldn't keep them safe from the dad. So, the children will stay in foster care until the parents can show they've changed and the children can safely return home.
Key Facts
- •Care order application concerning two younger children (XJA, 13, and YJA, 6) due to long-standing concerns about domestic abuse and physical chastisement by the father (F).
- •Extensive history of domestic abuse allegations against F, with multiple police reports and a conviction for assault.
- •Mother (M) repeatedly breached safety plans by allowing contact between F and the children.
- •Children witnessed domestic abuse and suffered physical abuse.
- •Children were pressured not to disclose abuse.
- •M has borderline intellectual functioning.
- •F has a history of alcohol misuse.
Legal Principles
Children's welfare is the paramount consideration.
Children Act 1989, s 1(1)
Threshold criteria for care orders: significant harm attributable to care given.
Children Act 1989, s 31(2)
Least interventionist approach; care orders are a last resort.
Children Act 1989, s 1(5)
Court considers welfare checklist (wishes and feelings, needs, effect of change, age, sex, background, harm, parental capabilities, available powers).
Children Act 1989, s 1(3)
Court can make various orders (child arrangements, supervision, placement orders, etc.).
Children Act 1989, various sections
Article 8 rights (family life) must be considered, and any interference must be necessary and proportionate.
European Convention on Human Rights, Article 8
Outcomes
Final care order made, authorizing the local authority to permanently remove the children to foster care.
Available measures (occupation order, non-molestation order, supervision) deemed insufficient to protect children from the father's risk of violence, given his history of non-compliance and the mother's vulnerability to his influence. Removal is considered the only option to ensure the children's safety, although reunification is anticipated once the parents complete mandated programs and risks are mitigated.