Doncaster Metropolitan Borough Council v Haigh & Ors [2010] EWCC 62 (Fam) (22 November 2010)

Doncaster Metropolitan Borough Council v Haigh & Ors [2010] EWCC 62 (Fam) (22 November 2010)

The court found that the mother had caused significant emotional harm to X by making false allegations of sexual abuse and coaching X to make such allegations, and that the father is fully capable of meeting X's needs. The only order that meets X's welfare needs is a care order placing X with the father, with ongoing supervised contact to the mother.

Citation
[2010] EWCC 62 (Fam)
Parties
Applicant Local Authority: Doncaster Metropolitan Borough Council; Mother: Victoria Haigh; Father: David Tune; Paternal Grandmother: Margaret Tune; Child: Child X
Jurisdiction
England and Wales
Judgment Date
22 November 2010
Procedural Posture
Care Proceedings Under Children Act 1989 / Final Hearing
Outcome
Care order granted in favour of the Applicant Local Authority, approving the care plan for X to move to the full-time care of the father with ongoing supervised contact to the mother.
Legal Topics
Care Orders, Child Welfare, False Allegations, Parental Responsibility, Contact Arrangements, Emotional Harm
Family Law Child Protection Care Orders Child Welfare False Allegations Parental Responsibility Contact Arrangements Emotional Harm

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Parties

Doncaster Metropolitan Borough Council

Applicant Local Authority

Victoria Haigh

Mother

David Tune

Father

Margaret Tune

Paternal Grandmother

Child X

Child

Procedural Posture

Care Proceedings Under Children Act 1989 / Final Hearing

Legal Issues

  1. 1 Whether Child X should be placed in the care of the father under a full care order
  2. 2 Whether further adjournment for psychological work is in X's best interests
  3. 3 Assessment of emotional harm caused by the mother

Ratio Decidendi

The court found that the mother had caused significant emotional harm to X by making false allegations of sexual abuse and coaching X to make such allegations, and that the father is fully capable of meeting X's needs. The only order that meets X's welfare needs is a care order placing X with the father, with ongoing supervised contact to the mother.

Court Disposition

Care order granted in favour of the Applicant Local Authority, approving the care plan for X to move to the full-time care of the father with ongoing supervised contact to the mother.

Orders

  • Care order in favour of Doncaster Metropolitan Borough Council
  • Approval of care plan for X to move to father's care