U, V, W & X (Children), Re [2016] EWFC B96 (02 November 2016)

U, V, W & X (Children), Re [2016] EWFC B96 (02 November 2016)

The court found, on the balance of probabilities, that the children suffered significant harm due to sexual abuse by their brother Y, which was known to both parents, who failed to protect them or take appropriate action. The parents' denials were rejected as untruthful. The threshold criteria for care orders under s.31 Children Act 1989 were met. The children's welfare required removal from parental care and continued placement under care orders.

Citation
[2016] EWFC B96
Parties
Mother / First Respondent: CM; Father / Second Respondent: AM; Applicant: Local Authority; Child / Intervener / Perpetrator: Y
Jurisdiction
England and Wales
Judgment Date
02 November 2016
Procedural Posture
Care Proceedings (public Law) / Judgment Following Fact Finding Hearing
Outcome
Findings of fact made; threshold criteria met; care orders to be made for all four children.
Legal Topics
Interim Care Orders, Full Care Orders, Sexual Abuse, Neglect, Parental Responsibility, Threshold Criteria, Protection of Children Act 1978, Criminal Justice Act 1988, Sexual Harm Prevention Order
Family Law Child Protection Interim Care Orders Full Care Orders Sexual Abuse Neglect Parental Responsibility Threshold Criteria +3 more

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Parties

CM

Mother / First Respondent

AM

Father / Second Respondent

Local Authority

Applicant

Y

Child / Intervener / Perpetrator

Procedural Posture

Care Proceedings (public Law) / Judgment Following Fact Finding Hearing

Legal Issues

  1. 1 Whether threshold criteria for care orders under Children Act 1989 are met
  2. 2 Whether the children suffered significant harm attributable to parental care
  3. 3 Whether the parents failed to protect the children from sexual abuse and neglect

Ratio Decidendi

The court found, on the balance of probabilities, that the children suffered significant harm due to sexual abuse by their brother Y, which was known to both parents, who failed to protect them or take appropriate action. The parents' denials were rejected as untruthful. The threshold criteria for care orders under s.31 Children Act 1989 were met. The children's welfare required removal from parental care and continued placement under care orders.

Court Disposition

Findings of fact made; threshold criteria met; care orders to be made for all four children.

Orders

  • Full care orders to be made for U, V, W, and X.
  • Children to remain in foster care as per local authority care plans.