A Local Authority v M & Ors

A Local Authority v M & Ors

The children are overwhelmingly more likely to thrive and mature properly in the care of their father than in foster care. The risk of further radicalisation is greater if they are not permitted to return home. The father has demonstrated significant progress and, with coordinated support and professional oversight, can provide adequate care and protection. All contact with the mother must be professionally supervised due to ongoing risk.

Parties
Applicant: A Local Authority; First Respondent: M; Second Respondent: F; Third to Sixth Respondents (children): C, D, E and F
Jurisdiction
England and Wales
Judgment Date
13 November 2017
Procedural Posture
Care and Welfare Proceedings / Final Welfare Judgment
Outcome
Children to be gradually rehabilitated into their father's care over the next 3 to 6 months with robust support and professional supervision.
Legal Topics
Radicalisation, Care Orders, Child Welfare, Parental Responsibility, Foster Care, Reunification
Family Law Child Protection Radicalisation Care Orders Child Welfare Parental Responsibility Foster Care Reunification

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Parties

A Local Authority

Applicant

M

First Respondent

F

Second Respondent

C, D, E and F

Third to Sixth Respondents (children)

Procedural Posture

Care and Welfare Proceedings / Final Welfare Judgment

Legal Issues

  1. 1 Whether the children should be returned to their father's care or remain in long-term foster care
  2. 2 Assessment of risk of further radicalisation
  3. 3 Adequacy of parental capacity and support systems

Ratio Decidendi

The children are overwhelmingly more likely to thrive and mature properly in the care of their father than in foster care. The risk of further radicalisation is greater if they are not permitted to return home. The father has demonstrated significant progress and, with coordinated support and professional oversight, can provide adequate care and protection. All contact with the mother must be professionally supervised due to ongoing risk.

Court Disposition

Children to be gradually rehabilitated into their father's care over the next 3 to 6 months with robust support and professional supervision.

Orders

  • Children to return to father's care before Easter 2017.
  • All contact with mother and maternal family to be professionally supervised until deemed safe.