A Local Authority v EF & Ors [2023] EWFC 178 (B) (13 October 2023)

A Local Authority v EF & Ors [2023] EWFC 178 (B) (13 October 2023)

The court found, on the balance of probabilities, that the mother engaged in a pattern of harassment and abusive communications towards the father and paternal grandmother, including conduct resulting in police cautions and warnings. The mother’s allegations of coercive control, rape, and physical assault by the...

Source-derived case information.

Citation
[2023] EWFC 178 (B)
Parties
Applicant: A Local Authority; First Respondent (mother): EF; Second Respondent (father): GH; Third Respondent (child): AB; Fourth Respondent (child): CD
Jurisdiction
England and Wales
Judgment Date
13 October 2023
Procedural Posture
Care Proceedings (public Law) and Consolidated Private Law Child Arrangements / Final Fact Finding and Welfare Hearing
Outcome
Care orders granted for both children; children to remain in foster care with ongoing work towards possible placement with the father; supervised contact for the mother; continuation of non-molestation order and section 91(14) order for four years.
Legal Topics
Care Orders, Supervision Orders, Interim Care Orders, Threshold Criteria, Domestic Abuse Allegations, Harassment, Contact Arrangements, Section 91(14) Orders, Non Molestation Orders
Family Law Child Protection Care Orders Supervision Orders Interim Care Orders Threshold Criteria Domestic Abuse Allegations Harassment +3 more

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Summary, issues, holding and outcome

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Parties

A Local Authority

Applicant

EF

First Respondent (mother)

GH

Second Respondent (father)

AB

Third Respondent (child)

CD

Fourth Respondent (child)

Procedural Posture

Care Proceedings (public Law) and Consolidated Private Law Child Arrangements / Final Fact Finding and Welfare Hearing

Legal Issues

  1. 1 Whether threshold criteria under s.31(2) Children Act 1989 are met for care orders
  2. 2 Whether the mother or father poses a risk to the children
  3. 3 Whether the children should live with either parent or in foster care

Ratio Decidendi

The court found, on the balance of probabilities, that the mother engaged in a pattern of harassment and abusive communications towards the father and paternal grandmother, including conduct resulting in police cautions and warnings. The mother’s allegations of coercive control, rape, and physical assault by the father were not proven. The father’s threat to punch the mother was accepted in light of his conviction, but no further findings of violence were made against him. The threshold for care orders was met due to the mother’s conduct and inability to provide safe care. The children’s welfare required care orders with a plan for foster care, ongoing work towards possible placement with...

Court Disposition

Care orders granted for both children; children to remain in foster care with ongoing work towards possible placement with the father; supervised contact for the mother; continuation of non-molestation order and section 91(14) order for four years.

Orders

  • Care orders for AB and CD
  • Children to remain in separate foster placements