London Borough of Tower Hamlets v Simons & Ors [2025] EWFC 432 (B) (23 May 2025)

London Borough of Tower Hamlets v Simons & Ors [2025] EWFC 432 (B) (23 May 2025)

The court found, on the balance of probabilities, that the father perpetrated repeated and escalating domestic violence and coercive control against the mother, including a serious assault involving branding her with a hot iron, and that the mother failed to protect the child from this harm. The threshold criteria under s.31(2) Children Act 1989 were met. The welfare of the child required that he live with his mother under a child arrangements order, supported by a 12-month supervision order, with no contact with the father pending risk assessment and perpetrator work.

Citation
[2025] EWFC 432 (B)
Parties
Applicant Local Authority: London Borough of Tower Hamlets; Respondent Mother: Jenny Simons; Respondent Father: Paul Richards; Child (via Guardian): Tanya Bowles (Child, via Guardian)
Jurisdiction
England and Wales
Judgment Date
23 May 2025
Procedural Posture
Care Proceedings (public Law, Child Protection) / Final Fact Finding and Welfare Judgment
Outcome
Application granted; threshold met; supervision order made; child arrangements order confirmed; non-molestation order continued.
Legal Topics
Domestic Violence, Supervision Order, Child Arrangements Order, Coercive and Controlling Behaviour, Threshold Criteria, Fact Finding Hearing
Family Law Child Protection Domestic Violence Supervision Order Child Arrangements Order Coercive and Controlling Behaviour Threshold Criteria Fact Finding Hearing

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Parties

London Borough of Tower Hamlets

Applicant Local Authority

Jenny Simons

Respondent Mother

Paul Richards

Respondent Father

Tanya Bowles (Child, via Guardian)

Child (via Guardian)

Procedural Posture

Care Proceedings (public Law, Child Protection) / Final Fact Finding and Welfare Judgment

Legal Issues

  1. 1 Whether the threshold criteria under s.31(2) Children Act 1989 are met for the making of a supervision order
  2. 2 Whether the father perpetrated domestic violence and coercive control against the mother
  3. 3 Whether the mother failed to protect the child from harm

Ratio Decidendi

The court found, on the balance of probabilities, that the father perpetrated repeated and escalating domestic violence and coercive control against the mother, including a serious assault involving branding her with a hot iron, and that the mother failed to protect the child from this harm. The threshold criteria under s.31(2) Children Act 1989 were met. The welfare of the child required that he live with his mother under a child arrangements order, supported by a 12-month supervision order, with no contact with the father pending risk assessment and perpetrator work.

Court Disposition

Application granted; threshold met; supervision order made; child arrangements order confirmed; non-molestation order continued.

Orders

  • 12-month supervision order in favour of the Local Authority
  • Child arrangements order for the child to live with the mother