OCC v CT [2019] EWFC B28 (15 February 2019)

OCC v CT [2019] EWFC B28 (15 February 2019)

The court found that the threshold criteria under section 31(2) Children Act 1989 were met: A and B suffered and were likely to suffer significant emotional and physical harm attributable to the care given by M, which was not what it would be reasonable to expect a parent to give. The court found M made repeated false allegations of sexual and physical abuse, causing significant emotional harm, and physically assaulted A and B. M's allegations against F2 and A were not proved on the balance of probabilities. The Local Authority's revised threshold document was accepted.

Citation
[2019] EWFC B28
Parties
Applicant (local Authority): OCC; First Respondent: M (Mother); Second Respondent: F1 (A's Father); Third Respondent: F2 (B's Father); Fourth and Fifth Respondents: Children (A and B) via Guardian
Jurisdiction
England and Wales
Judgment Date
15 February 2019
Procedural Posture
Care Proceedings (public Law) / Fact Finding and Threshold Determination (split Hearing)
Outcome
Threshold criteria met; findings made against M; M's allegations against F2 and A not proved; matter to proceed to welfare/final hearing.
Legal Topics
Care Orders, Threshold Criteria, Emotional Harm, Physical Harm, False Allegations, Parental Responsibility, Fact Finding Hearings
Family Law Child Protection Care Orders Threshold Criteria Emotional Harm Physical Harm False Allegations Parental Responsibility +1 more

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Parties

OCC

Applicant (local Authority)

M (Mother)

First Respondent

F1 (A's Father)

Second Respondent

F2 (B's Father)

Third Respondent

Children (A and B) via Guardian

Fourth and Fifth Respondents

Procedural Posture

Care Proceedings (public Law) / Fact Finding and Threshold Determination (split Hearing)

Legal Issues

  1. 1 Whether the threshold criteria under section 31(2) Children Act 1989 are met for A and B
  2. 2 Whether the mother (M) made false allegations of sexual and physical abuse against F1 and F2
  3. 3 Whether the children suffered significant emotional and/or physical harm attributable to the care given by M

Ratio Decidendi

The court found that the threshold criteria under section 31(2) Children Act 1989 were met: A and B suffered and were likely to suffer significant emotional and physical harm attributable to the care given by M, which was not what it would be reasonable to expect a parent to give. The court found M made repeated false allegations of sexual and physical abuse, causing significant emotional harm, and physically assaulted A and B. M's allegations against F2 and A were not proved on the balance of probabilities. The Local Authority's revised threshold document was accepted.

Court Disposition

Threshold criteria met; findings made against M; M's allegations against F2 and A not proved; matter to proceed to welfare/final hearing.

Orders

  • Interim care orders for A and B to continue pending final hearing
  • Directions for further assessments, including potential psychiatric assessment of M