A Metropolitan District Council v M & Ors

A Metropolitan District Council v M & Ors

On the balance of probability, the injuries to D were caused by abusive digital penetration by her brother A, not by accidental fall. The parents failed to protect and supervise the children, and the threshold criteria for care orders are met. Full care orders are justified for all six children due to significant...

Source-derived case information.

Parties
Applicant: A Metropolitan District Council; First Respondent/mother: M; Second Respondent/father: F; Third Respondent (by His Guardian): A; Fourth Respondent (by His Guardian): B; Fifth Respondent (by His Guardian): C; Sixth to Eighth Respondents (by Their Guardian): D, E & F; Interested Party: West Yorkshire Police
Jurisdiction
England and Wales
Judgment Date
08 March 2019
Procedural Posture
Care Proceedings / Final Judgment
Outcome
Full care orders granted for all six children.
Legal Topics
Care Orders, Threshold Criteria, Child Sexual Abuse, Neglect, Parental Capacity, Sibling Sexual Abuse
Family Law Child Protection Care Orders Threshold Criteria Child Sexual Abuse Neglect Parental Capacity Sibling Sexual Abuse

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Parties

A Metropolitan District Council

Applicant

M

First Respondent/mother

F

Second Respondent/father

A

Third Respondent (by His Guardian)

B

Fourth Respondent (by His Guardian)

C

Fifth Respondent (by His Guardian)

D, E & F

Sixth to Eighth Respondents (by Their Guardian)

West Yorkshire Police

Interested Party

Procedural Posture

Care Proceedings / Final Judgment

Legal Issues

  1. 1 Whether threshold criteria under section 31(1) Children Act 1989 are met for care orders
  2. 2 Causation of genital injuries to child D
  3. 3 Whether sibling A caused the injuries

Ratio Decidendi

On the balance of probability, the injuries to D were caused by abusive digital penetration by her brother A, not by accidental fall. The parents failed to protect and supervise the children, and the threshold criteria for care orders are met. Full care orders are justified for all six children due to significant harm and parental incapacity.

Court Disposition

Full care orders granted for all six children.

Orders

  • All six children placed in the care of the Z Metropolitan District Council on the basis of final care plans dated 4 March 2019.
  • Threshold criteria as pleaded (with amendments) found proved.