S v F & Anor.
[2023] EWHC 597 (Fam)
A Local Authority v The Mother (AZ) & Ors
21 June 2024
[2024] EWHC 1670 (Fam)
High Court
A dad was found to have abused his older daughter. Even though the dad and mom wanted him home, the court said he couldn't live with his 3-year-old son because it was too dangerous. The dad and son can still see each other, but with a supervisor present, at least for now.
Key Facts
- •Care proceedings concerning 3-year-old RV.
- •Father (BX) found to have sexually and physically abused older daughter (DZ).
- •Father denies findings and refused permission to appeal.
- •Father and Mother wish for Father to return to family home.
- •Local Authority and Guardian argue Father poses significant risk to RV.
- •Concerns about Father's controlling behaviour and lack of family support network in the UK.
- •Mother initially supported Father's return but later showed limited insight into his controlling behaviour.
- •Family is isolated and culturally reluctant to report domestic abuse.
Legal Principles
Welfare checklist under s.1 Children Act 1989.
Children Act 1989
Intervention in family life must be proportionate, reunification aimed for unless risks are too high.
Re C & B (Care Order: Future harm) [2000] 2 FCR 614
The burden of establishing a link between findings of fact and asserted risks rests on the Local Authority.
Outcomes
Father prohibited from returning to family home.
Unmanageable risk of harm to RV, including sexual and physical abuse, and lack of family ability to protect RV from Father's controlling behaviour.
Supervised contact between Father and RV to continue for at least one year.
While unsupervised contact poses risks, supervised contact allows for a relationship while mitigating harm. The situation may change with time.