Local Authority v S & Ors

Local Authority v S & Ors

The threshold for a care order was met due to significant emotional harm suffered by C as a result of the Mother’s unreasonable parenting, including the promotion of a false narrative of sexual abuse against the Father. The Father did not sexually abuse C. The Mother’s lack of insight and active role in the development of the abuse narrative, combined with her inability to reliably manage the reparative process, made removal to foster care necessary and proportionate to safeguard C’s welfare and enable effective therapeutic intervention.

Parties
Applicant: Local Authority; 1st Respondent (mother): S; 2nd Respondent (father): T; 3rd Respondent (child): C (A Child by her Children’s Guardian, Hannah Connor)
Jurisdiction
England and Wales
Judgment Date
08 March 2023
Procedural Posture
Care Order Application (children Act 1989) / Final Judgment
Outcome
Care Order granted; removal of C from Mother’s care to foster care sanctioned.
Legal Topics
Care Orders, Parental Responsibility, False Allegations of Abuse, Threshold Criteria, Child Placement, Therapeutic Intervention, Parental Alienation, Fabricated or Induced Illness (fii), Expert Evidence
Family Law Child Protection Care Orders Parental Responsibility False Allegations of Abuse Threshold Criteria Child Placement Therapeutic Intervention +3 more

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Parties

Local Authority

Applicant

S

1st Respondent (mother)

T

2nd Respondent (father)

C (A Child by her Children’s Guardian, Hannah Connor)

3rd Respondent (child)

Procedural Posture

Care Order Application (children Act 1989) / Final Judgment

Legal Issues

  1. 1 Whether threshold criteria under s.31 Children Act 1989 are met for a care order regarding C
  2. 2 Whether C was sexually abused by her Father
  3. 3 Whether the Mother coached or influenced C to make false allegations

Ratio Decidendi

The threshold for a care order was met due to significant emotional harm suffered by C as a result of the Mother’s unreasonable parenting, including the promotion of a false narrative of sexual abuse against the Father. The Father did not sexually abuse C. The Mother’s lack of insight and active role in the development of the abuse narrative, combined with her inability to reliably manage the reparative process, made removal to foster care necessary and proportionate to safeguard C’s welfare and enable effective therapeutic intervention.

Court Disposition

Care Order granted; removal of C from Mother’s care to foster care sanctioned.

Orders

  • Care Order made under Children Act 1989, s.31, with parental responsibility shared between Local Authority and parents.
  • C to be removed from Mother’s care and placed in foster care as per Local Authority’s plan.