A London Local Authority v Marten & Ors (Fact-Finding Hearing)

A London Local Authority v Marten & Ors (Fact-Finding Hearing)

The threshold criteria under section 31(2) Children Act 1989 are met as at the relevant dates for all three children. The parents failed to provide adequate antenatal and postnatal medical care, exposing the children to significant risk of harm. The father perpetrated serious domestic violence against the mother and failed to seek medical help, further endangering her and the unborn child. The parents deliberately evaded local authority investigations, increasing the risk to the children. The father's history as a violent sexual offender and his refusal to engage with risk assessment or safeguarding services maintain an ongoing risk. These findings, individually and cumulatively,...

Parties
Applicant: A London Local Authority; First Respondent: Constance Marten; Second Respondent: Mark Gordon; Third Respondent: A (child); Fourth Respondent: B (child); Fifth Respondent: C (child)
Jurisdiction
England and Wales
Judgment Date
23 February 2021
Procedural Posture
Care Proceedings (children Act 1989) / Fact Finding Hearing
Outcome
Threshold criteria met; findings made against the parents; directions hearing to be listed to progress proceedings.
Legal Topics
Care Proceedings, Threshold Criteria, Domestic Abuse, Medical Neglect, Evasion of Authorities, Supervision Order, Fact Finding, Parental Responsibility
Family Law Child Protection Care Proceedings Threshold Criteria Domestic Abuse Medical Neglect Evasion of Authorities Supervision Order +2 more

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Parties

A London Local Authority

Applicant

Constance Marten

First Respondent

Mark Gordon

Second Respondent

A (child)

Third Respondent

B (child)

Fourth Respondent

C (child)

Fifth Respondent

Procedural Posture

Care Proceedings (children Act 1989) / Fact Finding Hearing

Legal Issues

  1. 1 Whether the threshold criteria under section 31(2) Children Act 1989 are met for A, B, and C as at the relevant dates
  2. 2 Whether the parents failed to provide adequate medical care to the children
  3. 3 Whether there was domestic abuse between the parents, including the incident of 21 November 2019

Ratio Decidendi

The threshold criteria under section 31(2) Children Act 1989 are met as at the relevant dates for all three children. The parents failed to provide adequate antenatal and postnatal medical care, exposing the children to significant risk of harm. The father perpetrated serious domestic violence against the mother and failed to seek medical help, further endangering her and the unborn child. The parents deliberately evaded local authority investigations, increasing the risk to the children. The father's history as a violent sexual offender and his refusal to engage with risk assessment or safeguarding services maintain an ongoing risk. These findings, individually and cumulatively,...

Court Disposition

Threshold criteria met; findings made against the parents; directions hearing to be listed to progress proceedings.

Orders

  • Threshold findings made under section 31(2) Children Act 1989 for all three children.
  • Directions hearing to be listed as soon as possible to timetable the remainder of the proceedings.