Y & Anor, In the Matter Of [2022] EWFC 191 (B) (15 August 2022)

Y & Anor, In the Matter Of [2022] EWFC 191 (B) (15 August 2022)

The court found that the mother's persistent refusal to accept medical advice, her fixed and erroneous beliefs regarding Y's care (notably oxygen administration and blood sugar testing), and her confrontational behaviour towards professionals created significant risks to Y's health and emotional wellbeing. The mother's inability to adapt her views, despite clear and repeated explanations from experts, and her lack of insight into the impact of her behaviour, meant that both children were at risk of significant harm if left in her care. The court accepted the local authority's case that the threshold for intervention under s.31 Children Act 1989 was met.

Citation
[2022] EWFC 191 (B)
Parties
Applicant Local Authority: Birmingham City Council; Respondent Mother: M (Mother of Y and H); Subject Child: Y (child, DOB 2013); Subject Child: H (child, DOB 2012)
Jurisdiction
England and Wales
Judgment Date
15 August 2022
Procedural Posture
Care Proceedings Under the Children Act 1989 / Fact Finding Judgment
Outcome
Findings of fact made against the mother; threshold for care proceedings met.
Legal Topics
Care Proceedings, Threshold Criteria, Fact Finding, Emotional Harm, Medical Neglect, Parental Capacity
Family Law Child Protection Care Proceedings Threshold Criteria Fact Finding Emotional Harm Medical Neglect Parental Capacity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Birmingham City Council

Applicant Local Authority

M (Mother of Y and H)

Respondent Mother

Y (child, DOB 2013)

Subject Child

H (child, DOB 2012)

Subject Child

Procedural Posture

Care Proceedings Under the Children Act 1989 / Fact Finding Judgment

Legal Issues

  1. 1 Whether the mother's conduct placed Y and H at risk of significant harm
  2. 2 Whether the mother's beliefs and actions regarding medical care for Y constituted fabricated or induced illness or medical neglect
  3. 3 Whether the mother's behaviour towards professionals and in relationships caused emotional harm to the children

Ratio Decidendi

The court found that the mother's persistent refusal to accept medical advice, her fixed and erroneous beliefs regarding Y's care (notably oxygen administration and blood sugar testing), and her confrontational behaviour towards professionals created significant risks to Y's health and emotional wellbeing. The mother's inability to adapt her views, despite clear and repeated explanations from experts, and her lack of insight into the impact of her behaviour, meant that both children were at risk of significant harm if left in her care. The court accepted the local authority's case that the threshold for intervention under s.31 Children Act 1989 was met.

Court Disposition

Findings of fact made against the mother; threshold for care proceedings met.

Orders

  • Interim care order for Y to continue; interim supervision order for H to continue; matter to proceed to welfare stage for final determination of care arrangements.