A Local Authority v Mother & Ors [2023] EWFC 173 (10 August 2023)

A Local Authority v Mother & Ors [2023] EWFC 173 (10 August 2023)

It is not right or necessary to conduct a fact-finding hearing on the disputed allegations of sexual abuse by Father and failure to protect by Mother because such findings would not affect the welfare outcome or care plan for the children, would cause disproportionate delay and cost, and the evidence for the disputed allegations is weak. The threshold for making final care orders is otherwise established.

Citation
[2023] EWFC 173
Parties
Applicant: A Local Authority; First Respondent: Mother; Second Respondent: Father; Third Respondent: The Children (via their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
10 August 2023
Procedural Posture
Care Proceedings (public Law) / Issues Resolution Hearing; Determination of Whether to Conduct Fact Finding on Disputed Allegations
Outcome
Refusal to conduct fact-finding on disputed allegations; final care orders to be made based on revised threshold.
Legal Topics
Care Orders, Fact Finding Hearings, Threshold Criteria, Failure to Protect, Sexual Abuse Allegations, Domestic Abuse, Alcohol Abuse, Welfare of the Child
Family Law Child Protection Care Orders Fact Finding Hearings Threshold Criteria Failure to Protect Sexual Abuse Allegations Domestic Abuse +2 more

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Parties

A Local Authority

Applicant

Mother

First Respondent

Father

Second Respondent

The Children (via their Children's Guardian)

Third Respondent

Procedural Posture

Care Proceedings (public Law) / Issues Resolution Hearing; Determination of Whether to Conduct Fact Finding on Disputed Allegations

Legal Issues

  1. 1 Whether it is right and necessary to conduct a fact-finding hearing on allegations of sexual abuse by Father and failure to protect by Mother
  2. 2 Whether the disputed allegations have a direct bearing on the final care plan and welfare of the children

Ratio Decidendi

It is not right or necessary to conduct a fact-finding hearing on the disputed allegations of sexual abuse by Father and failure to protect by Mother because such findings would not affect the welfare outcome or care plan for the children, would cause disproportionate delay and cost, and the evidence for the disputed allegations is weak. The threshold for making final care orders is otherwise established.

Court Disposition

Refusal to conduct fact-finding on disputed allegations; final care orders to be made based on revised threshold.

Orders

  • Allegations in paragraph 5 and paragraphs 7D and E not determined; revised threshold adopted.
  • Children to remain with current carers under care orders.