SM & Ors (Welfare) [2016] EWFC 15 (22 March 2016)

SM & Ors (Welfare) [2016] EWFC 15 (22 March 2016)

The threshold for intervention under section 31 Children Act 1989 is satisfied due to findings of significant harm from physical and sexual abuse and parental failure to protect. The parents do not accept findings and lack capacity to change. After global evaluation, the welfare of each child requires continued...

Source-derived case information.

Citation
[2016] EWFC 15
Parties
Applicant: A Local Authority; First Respondent: A Mother; Second Respondent: A Father; Third Respondent: SM; Children's Guardian for SM: JC; Fourth Respondent: AS; Fifth Respondent: AB; Sixth Respondent: AQ; Seventh Respondent: Z; Eighth Respondent: AH; Ninth Respondent: AW; Children's Guardian for Fourth to Ninth Respondents: JM
Jurisdiction
England and Wales
Judgment Date
22 March 2016
Procedural Posture
Care Proceedings Under Children Act 1989 and Placement Orders Under Adoption and Children Act 2002 / Final Judgment After Welfare Hearing
Outcome
Care orders made for SM, AS, AB, AQ, Z; placement orders for AH and AW; children to remain outside parental care.
Legal Topics
Care Orders, Placement Orders, Child Welfare, Parental Responsibility, Sexual Abuse, Physical Abuse, Religious and Cultural Considerations
Family Law Child Protection Adoption Care Orders Placement Orders Child Welfare Parental Responsibility Sexual Abuse +2 more

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Summary, issues, holding and outcome

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Parties

A Local Authority

Applicant

A Mother

First Respondent

A Father

Second Respondent

SM

Third Respondent

JC

Children's Guardian for SM

AS

Fourth Respondent

AB

Fifth Respondent

AQ

Sixth Respondent

Z

Seventh Respondent

AH

Eighth Respondent

AW

Ninth Respondent

JM

Children's Guardian for Fourth to Ninth Respondents

Procedural Posture

Care Proceedings Under Children Act 1989 and Placement Orders Under Adoption and Children Act 2002 / Final Judgment After Welfare Hearing

Legal Issues

  1. 1 Whether care orders and placement orders should be made for seven children removed from parental care
  2. 2 Assessment of parental capacity to protect children from harm
  3. 3 Consideration of children's welfare, wishes, feelings, religious and cultural needs

Ratio Decidendi

The threshold for intervention under section 31 Children Act 1989 is satisfied due to findings of significant harm from physical and sexual abuse and parental failure to protect. The parents do not accept findings and lack capacity to change. After global evaluation, the welfare of each child requires continued placement outside parental care: long-term fostering for SM, AS, AB, AQ, Z; adoption for AH and AW. Parental and sibling contact is to be limited and managed according to care plans. Adoption for AH and AW is justified as a last resort due to overriding welfare requirements.

Court Disposition

Care orders made for SM, AS, AB, AQ, Z; placement orders for AH and AW; children to remain outside parental care.

Orders

  • Care orders for SM, AS, AB, AQ, Z
  • Placement orders for AH and AW