A Local Authority v The Mother (AZ) & Ors

The risk of harm to RV from the father returning to the family home is unmanageable due to findings of sexual and physical abuse, coercive control, and the inability of the family to protect RV or report concerns. The only way to keep RV safe is to prevent the father from returning home and to restrict contact to supervised settings.

Parties: Applicant: A Local Authority; First Respondent: AZ (Mother); Second Respondent: BX (Father); Third Respondent: RV (a Child, through their Children’s Guardian)
Jurisdiction: England and Wales
Judgment Date: 28 June 2024
Procedural Posture: Care Proceedings / Final Hearing
Outcome: Care order with conditions; father excluded from family home; supervised contact only
Legal Topics: Care Orders, Risk Assessment, Parental Responsibility, Article 8 ECHR, Welfare Checklist

Family Law Child Protection Care Orders Risk Assessment Parental Responsibility Article 8 ECHR Welfare Checklist

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Parties

A Local Authority

Applicant

AZ (Mother)

First Respondent

BX (Father)

Second Respondent

RV (a Child, through their Children’s Guardian)

Third Respondent

Procedural Posture

Care Proceedings / Final Hearing

Legal Issues

1 Whether the father should be allowed to return to the family home and have unrestricted contact with RV
2 Whether the risk posed by the father to RV and other children is manageable
3 Whether unsupervised contact between the father and RV is appropriate

Ratio Decidendi

Court Disposition

Care order with conditions; father excluded from family home; supervised contact only

Orders

Father not allowed to return to the family home
Contact between father and RV to remain supervised for at least one year