A, B, C and D (Children),Re [2017] EWFC 95 (28 July 2017)

A, B, C and D (Children),Re [2017] EWFC 95 (28 July 2017)

The court found X committed serious sexual abuse against A and that the mother failed to protect the children, lacked insight into sexual risk, and failed to observe appropriate boundaries. The threshold for significant harm under s.31 Children Act 1989 was met. The mother did not have actual knowledge of the abuse but ought to have known, given the circumstances. The local authority's allegations of neglect and failure to protect were substantially upheld. Z's culpability for failure to protect was less clear but concerns remained. The children suffered or were at risk of significant harm due to the care provided.

Citation
[2017] EWFC 95
Parties
Applicant: A Local Authority; First Respondent: A Mother; Second Respondent: Z; Third to Sixth Respondents: A, B, C and D (Children); Seventh Respondent: X
Jurisdiction
England and Wales
Judgment Date
28 July 2017
Procedural Posture
Care Proceedings (children Act 1989) / Fact Finding Hearing
Outcome
Findings of fact made; threshold for significant harm met; children to remain in foster care under interim care order.
Legal Topics
Care Proceedings, Sexual Abuse, Neglect, Physical Abuse, Failure to Protect, Threshold Criteria, Human Rights Claims
Family Law Child Protection Care Proceedings Sexual Abuse Neglect Physical Abuse Failure to Protect Threshold Criteria +1 more

Case Brief

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Parties

A Local Authority

Applicant

A Mother

First Respondent

Z

Second Respondent

A, B, C and D (Children)

Third to Sixth Respondents

X

Seventh Respondent

Procedural Posture

Care Proceedings (children Act 1989) / Fact Finding Hearing

Legal Issues

  1. 1 Whether X sexually abused A, E, and possibly C
  2. 2 Whether the mother knew or ought to have known of the abuse
  3. 3 Whether the mother failed to protect the children

Ratio Decidendi

The court found X committed serious sexual abuse against A and that the mother failed to protect the children, lacked insight into sexual risk, and failed to observe appropriate boundaries. The threshold for significant harm under s.31 Children Act 1989 was met. The mother did not have actual knowledge of the abuse but ought to have known, given the circumstances. The local authority's allegations of neglect and failure to protect were substantially upheld. Z's culpability for failure to protect was less clear but concerns remained. The children suffered or were at risk of significant harm due to the care provided.

Court Disposition

Findings of fact made; threshold for significant harm met; children to remain in foster care under interim care order.

Orders

  • Children to remain in foster care under interim care order
  • Human rights claim adjourned for proper procedure and representation