LA v FM & Ors [2013] EWHC 4671 (Fam) (27 September 2013)

LA v FM & Ors [2013] EWHC 4671 (Fam) (27 September 2013)

The court found, on the balance of probabilities, that the mother was subjected to domestic violence by the father in April and November 2011, that the father was responsible for A's injury and C's death, and that the mother is unable to protect the children due to her denial and minimisation of the risks. The threshold criteria under s.31 Children Act 1989 are met. The risk to the children is unmanageable and their welfare requires permanent separation from the parents. Care and placement orders for adoption are necessary as no other option will safeguard their welfare.

Citation
[2013] EWHC 4671 (Fam)
Parties
Applicant: LA; 1st Respondent (mother): FM; 2nd Respondent (father): MA; 3rd Respondent (child): A; 4th Respondent (child): B
Jurisdiction
England and Wales
Judgment Date
27 September 2013
Procedural Posture
Care and Placement Proceedings (family) / Final Hearing and Judgment
Outcome
Care orders and placement orders for adoption granted; children to be placed away from parents and wider family.
Legal Topics
Care Orders, Placement Orders, Domestic Violence, Non Accidental Injury, Threshold Criteria, Adoption, Welfare of the Child
Family Law Child Protection Care Orders Placement Orders Domestic Violence Non Accidental Injury Threshold Criteria Adoption +1 more

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Parties

LA

Applicant

FM

1st Respondent (mother)

MA

2nd Respondent (father)

A

3rd Respondent (child)

B

4th Respondent (child)

Procedural Posture

Care and Placement Proceedings (family) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether threshold criteria under s.31 Children Act 1989 are met for B and A
  2. 2 Whether domestic violence occurred between the parents
  3. 3 Whether A's injury and C's death were caused non-accidentally by the father

Ratio Decidendi

The court found, on the balance of probabilities, that the mother was subjected to domestic violence by the father in April and November 2011, that the father was responsible for A's injury and C's death, and that the mother is unable to protect the children due to her denial and minimisation of the risks. The threshold criteria under s.31 Children Act 1989 are met. The risk to the children is unmanageable and their welfare requires permanent separation from the parents. Care and placement orders for adoption are necessary as no other option will safeguard their welfare.

Court Disposition

Care orders and placement orders for adoption granted; children to be placed away from parents and wider family.

Orders

  • Care orders for B and A
  • Placement orders for B and A with a care plan for adoption