A Local Authority v Mother & Ors (Radicalisation Fact Finding) [2018] EWHC 2054 (Fam) (05 March 2018)

A Local Authority v Mother & Ors (Radicalisation Fact Finding) [2018] EWHC 2054 (Fam) (05 March 2018)

The court found that the mother exposed the child to significant harm by travelling to Syria and living in ISIL-controlled territory, but did not find sufficient evidence that the mother holds extremist or radicalised beliefs posing a continuing risk to the child. The threshold for a care order was satisfied based on past harm, but ongoing risk from radicalisation was not established on the balance of probabilities.

Citation
[2018] EWHC 2054 (Fam)
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 Order Proceedings Under Part IV Children Act 1989 / Fact Finding Judgment
Outcome
Threshold for care order satisfied; fact-finding completed; ongoing risk from radicalisation not established.
Legal Topics
Radicalisation, Extremism, Threshold Criteria, Risk of Harm, Care Orders, Terrorism Act 2000, Children Act 1989
Family Law Child Protection Public Law Radicalisation Extremism Threshold Criteria Risk of Harm Care Orders +2 more

Case Brief

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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 Order Proceedings Under Part IV Children Act 1989 / Fact Finding Judgment

Legal Issues

  1. 1 Whether the mother poses a continuing risk of radicalisation or extremist harm to the child
  2. 2 Whether the threshold for a care order is satisfied
  3. 3 Assessment of the mother's intentions and beliefs in travelling to Syria

Ratio Decidendi

The court found that the mother exposed the child to significant harm by travelling to Syria and living in ISIL-controlled territory, but did not find sufficient evidence that the mother holds extremist or radicalised beliefs posing a continuing risk to the child. The threshold for a care order was satisfied based on past harm, but ongoing risk from radicalisation was not established on the balance of probabilities.

Court Disposition

Threshold for care order satisfied; fact-finding completed; ongoing risk from radicalisation not established.

Orders

  • Interim care order continued
  • Mother permitted contact with child as previously directed