Y (A Child) (Care proceedings: Fact finding), Re [2016] EWFC 30 (24 May 2016)

Y (A Child) (Care proceedings: Fact finding), Re [2016] EWFC 30 (24 May 2016)

The court found, on the balance of probabilities, that Y suffered significant emotional and psychological harm as a direct result of being taken to Syria by his mother T to join Daesh/ISIS, being exposed to frequent bombing, fear, and manipulation for propaganda purposes. The threshold criteria under s 31 Children Act 1989 were met.

Citation
[2016] EWFC 30
Parties
Applicant: A local authority; 1st Respondent: T; 2nd Respondent: M; 3rd Respondent: Y (A Child)
Jurisdiction
England and Wales
Judgment Date
24 May 2016
Procedural Posture
Care Proceedings Under S 31 Children Act 1989 / Fact Finding and Welfare Judgment
Outcome
Findings of significant emotional harm to Y; threshold under s 31 Children Act 1989 met.
Legal Topics
Care Proceedings, Significant Harm Threshold, Emotional Harm, Parental Conduct, Radicalisation, Terrorism Offences and Child Welfare
Family Law Child Protection Public Law Care Proceedings Significant Harm Threshold Emotional Harm Parental Conduct Radicalisation +1 more

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Parties

A local authority

Applicant

T

1st Respondent

M

2nd Respondent

Y (A Child)

3rd Respondent

Procedural Posture

Care Proceedings Under S 31 Children Act 1989 / Fact Finding and Welfare Judgment

Legal Issues

  1. 1 Whether Y suffered or was likely to suffer significant emotional harm as a result of being taken to Syria by his mother T to join Daesh/ISIS
  2. 2 Whether the threshold criteria under s 31 Children Act 1989 are met in respect of Y
  3. 3 Assessment of risk to Y from parental conduct, including exposure to terrorism and violence

Ratio Decidendi

The court found, on the balance of probabilities, that Y suffered significant emotional and psychological harm as a direct result of being taken to Syria by his mother T to join Daesh/ISIS, being exposed to frequent bombing, fear, and manipulation for propaganda purposes. The threshold criteria under s 31 Children Act 1989 were met.

Court Disposition

Findings of significant emotional harm to Y; threshold under s 31 Children Act 1989 met.

Orders

  • Local authority's threshold document to be appended to the judgment in anonymised form.
  • No immediate order for placement as there was no dispute, but findings to inform future decisions regarding Y's welfare.