A Local Authority v Mother & Ors (Radicalisation Fact Finding)

A Local Authority v Mother & Ors (Radicalisation Fact Finding)

The mother, like the father, held an extremist mindset supportive of ISIL, as evidenced by her Twitter activity, conduct, and lack of candour. Both parents knowingly entered a war zone, exposing their child to significant harm. The threshold for a public law order was satisfied due to the risk of radicalisation, removal from the jurisdiction, and the mother's inability to act protectively. The mother's ongoing dishonesty and lack of insight indicated a continuing risk to the child.

Parties
Applicant: A Local Authority; First Respondent: A Mother; Second Respondent: A Father; Third Respondent: J (A Child) (by her child’s guardian)
Jurisdiction
England and Wales
Judgment Date
05 March 2018
Procedural Posture
Care Proceedings (children Act 1989) / Fact Finding Judgment
Outcome
Findings of fact made; threshold for public law order satisfied; child exposed to risk of significant harm; further assessment required for welfare decision.
Legal Topics
Care Orders, Radicalisation, Extremism, Threshold Criteria, Risk of Significant Harm, Children Act 1989, Terrorism Act 2000, Evidence Assessment
Family Law Child Protection Public Law Care Orders Radicalisation Extremism Threshold Criteria Risk of Significant Harm +3 more

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Parties

A Local Authority

Applicant

A Mother

First Respondent

A Father

Second Respondent

J (A Child) (by her child’s guardian)

Third Respondent

Procedural Posture

Care Proceedings (children Act 1989) / Fact Finding Judgment

Legal Issues

  1. 1 Whether the mother shared an extremist ideology supportive of ISIL
  2. 2 Whether the child was at risk of significant harm due to parental beliefs and actions
  3. 3 Whether the threshold for a public law order was met

Ratio Decidendi

The mother, like the father, held an extremist mindset supportive of ISIL, as evidenced by her Twitter activity, conduct, and lack of candour. Both parents knowingly entered a war zone, exposing their child to significant harm. The threshold for a public law order was satisfied due to the risk of radicalisation, removal from the jurisdiction, and the mother's inability to act protectively. The mother's ongoing dishonesty and lack of insight indicated a continuing risk to the child.

Court Disposition

Findings of fact made; threshold for public law order satisfied; child exposed to risk of significant harm; further assessment required for welfare decision.

Orders

  • Findings as set out in the annex to the judgment adopted; threshold for care order met; protective measures for the child justified.