A Local Authority v A Mother & Anor (Alleged Honour Based Abuse), Re

A Local Authority v A Mother & Anor (Alleged Honour Based Abuse), Re

The children are at ongoing risk of significant harm due to the family’s history of excessive control, physical abuse, risk of forced marriage, and the culture of coercion and silence. The mother has not been open or honest, cannot protect the children, and the father’s whereabouts and influence remain unknown. The children’s emotional and physical welfare require long-term foster care with continued protective measures. The threshold for care orders is met and such orders are necessary and proportionate. There is insufficient evidence to link the parents to A’s murder, but the risk environment persists.

Parties
Applicant: A Local Authority; First Respondent: A Mother; Second Respondent: A Father; Third Respondent: B; Fourth Respondent: C; Fifth to Seventh Respondents: D, E, and F (Children’s Guardian); Intervenor: G
Jurisdiction
England and Wales
Judgment Date
07 October 2024
Procedural Posture
Care Proceedings / Family Law (children Act 1989) / Final Judgment After Fact Finding and Welfare Hearings
Outcome
Care orders made for all four children; children to remain in long-term foster care; FMPOs for C and D extended to age 21; FMPO for B discharged; contact arrangements set; application for placement order for F withdrawn.
Legal Topics
Care Orders, Forced Marriage Protection Orders, Honour Based Abuse, Parental Responsibility, Welfare of the Child, Cultural Practices and Child Welfare
Family Law Child Protection Human Rights Care Orders Forced Marriage Protection Orders Honour Based Abuse Parental Responsibility Welfare of the Child +1 more

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Parties

A Local Authority

Applicant

A Mother

First Respondent

A Father

Second Respondent

B

Third Respondent

C

Fourth Respondent

D, E, and F (Children’s Guardian)

Fifth to Seventh Respondents

G

Intervenor

Procedural Posture

Care Proceedings / Family Law (children Act 1989) / Final Judgment After Fact Finding and Welfare Hearings

Legal Issues

  1. 1 Whether the threshold for care orders under s.31 Children Act 1989 is met
  2. 2 Whether the children are at risk of significant harm due to honour based abuse, forced marriage, or excessive parental control
  3. 3 Whether the children should be returned to their mother’s care, placed with a family member, or remain in long-term foster care

Ratio Decidendi

The children are at ongoing risk of significant harm due to the family’s history of excessive control, physical abuse, risk of forced marriage, and the culture of coercion and silence. The mother has not been open or honest, cannot protect the children, and the father’s whereabouts and influence remain unknown. The children’s emotional and physical welfare require long-term foster care with continued protective measures. The threshold for care orders is met and such orders are necessary and proportionate. There is insufficient evidence to link the parents to A’s murder, but the risk environment persists.

Court Disposition

Care orders made for all four children; children to remain in long-term foster care; FMPOs for C and D extended to age 21; FMPO for B discharged; contact arrangements set; application for placement order for F withdrawn.

Orders

  • Care orders for C, D, E, and F placing them in long-term foster care (C and D together; E and F together)
  • FMPOs for C and D to remain in force until age 21