P and Q (Minors) (No 2) (Inadequate Local Authority Assessment), Re [2024] EWFC 153 (16 February 2024)

P and Q (Minors) (No 2) (Inadequate Local Authority Assessment), Re [2024] EWFC 153 (16 February 2024)

The court cannot safely conclude proceedings or make final welfare orders in the absence of a robust, fit-for-purpose risk assessment that addresses the findings of inflicted injury, the denial by the perpetrator and family, and the adequacy of the protective network. Further independent social work and psychological assessments are necessary to determine the level of risk and appropriate protective measures.

Citation
[2024] EWFC 153
Parties
Applicant Local Authority: Kirklees Metropolitan Borough Council; Respondent Parent: M (Mother); Respondent Parent: F (Father); Children's Guardian: Children's Guardian (CG)
Jurisdiction
England and Wales
Judgment Date
16 February 2024
Procedural Posture
Care Proceedings Under Part IV Children Act 1989 / Post Fact Finding, Adjournment for Further Expert Assessment
Outcome
Adjourned for further expert assessment
Legal Topics
Care Proceedings, Non Accidental Injury, Risk Assessment, Expert Evidence, Denial of Findings, Child in Need Plan, Supervision Order, Care Order, Fact Finding Hearing
Family Law Child Protection Care Proceedings Non Accidental Injury Risk Assessment Expert Evidence Denial of Findings Child in Need Plan +3 more

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Parties

Kirklees Metropolitan Borough Council

Applicant Local Authority

M (Mother)

Respondent Parent

F (Father)

Respondent Parent

Children's Guardian (CG)

Children's Guardian

Procedural Posture

Care Proceedings Under Part IV Children Act 1989 / Post Fact Finding, Adjournment for Further Expert Assessment

Legal Issues

  1. 1 Whether the children P and Q can be safely cared for by their parents in light of findings of inflicted injury by the mother and universal denial by the family network
  2. 2 Whether the local authority's risk assessment is adequate and robust
  3. 3 Whether further expert assessment is necessary before final orders can be made

Ratio Decidendi

The court cannot safely conclude proceedings or make final welfare orders in the absence of a robust, fit-for-purpose risk assessment that addresses the findings of inflicted injury, the denial by the perpetrator and family, and the adequacy of the protective network. Further independent social work and psychological assessments are necessary to determine the level of risk and appropriate protective measures.

Court Disposition

Adjourned for further expert assessment

Orders

  • Instruction of an Independent Social Worker (ISW) to conduct a robust risk assessment, cost to be borne by the local authority
  • Instruction of a psychologist to assess both parents, cost to be split between parties