The Local Authority v F & Anor
[2023] EWFC 142
Birmingham City Council v CD & Ors
24 March 2023
[2023] EWHC 748 (Fam)
High Court
Three brothers' mum and dad weren't taking good care of them, and their baby sister died. The judge decided the mum was partly to blame and that both parents were violent. The brothers now live in different places that are safer for them.
Key Facts
- •Care proceedings concerning three boys, X (13), Y (12), and Z (4).
- •Mother (CD) of all three children; SP is father of X and Y; FW is father of Z.
- •Precipitating event: Death of CD's youngest child, B (12 weeks), on March 2, 2022.
- •LA's threshold concerns circumstances surrounding B's death, neglect by CD, and domestic abuse between FW and CD.
- •Composite hearing for fact-finding and welfare outcomes.
- •Initial LA care plan: X and Y with SP, Z in long-term foster care.
- •Current situation: X in residential placement, Y under supervision order with SP, Z in long-term foster care.
- •CD has four children by three fathers; FW has nine children by four mothers.
- •CD and her family known to Children's Services since 2009.
- •FW has history of domestic abuse allegations and a conviction for Actual Bodily Harm.
- •CD and FW had a toxic relationship marked by domestic abuse and CD's jealousy.
- •B suffered multiple rib fractures and other injuries before death.
- •Evidence suggests inflicted injuries due to forceful handling, possibly linked to alcohol and drug use by CD.
- •Cocaine traces found in B's hair; CD's hair tested positive for cocaine metabolites.
- •FW's hair tested positive for cocaine use.
- •Welfare outcomes agreed: X under care order in residential placement, Y under supervision order with SP, Z under care order in long-term foster care.
Legal Principles
Burden of proof on the Local Authority.
Civil standard of proof (balance of probabilities).
Decisions based on evidence, not speculation.
Consideration of the entire canvas of evidence.
Judge's responsibility for decision-making, experts advise.
Analysis of expert medical evidence alongside factual evidence.
Assessment of parents' credibility and accounts.
Careful approach to allegations of lying, considering alternative explanations.
R v Lucas [1981] QB 720
Outcomes
Care order for X in residential placement.
X is beyond parental control.
Supervision order for Y with father, SP.
Agreed by all parties.
Care order for Z in long-term foster care.
Current placement is suitable, with limited contact with parents.
Findings of neglectful parenting against CD.
Leaving children alone, co-sleeping with B despite warnings, substance use, and inflicting injuries on B.
Findings of domestic abuse against both CD and FW.
Evidence of physical aggression by both parents, with FW being the principal aggressor.