A B C and D (fact-finding and welfare) [2017] EWFC B33 (16 June 2017)

A B C and D (fact-finding and welfare) [2017] EWFC B33 (16 June 2017)

The court found, on the balance of probabilities, that the father, GH, sexually abused B by making her perform oral sex on him during 2014-2015. The threshold for significant harm under section 31(2) Children Act 1989 was met due to sexual abuse, neglect, poor home conditions, and exposure to domestic violence. The...

Source-derived case information.

Citation
[2017] EWFC B33
Parties
Applicant: Local Authority; Respondent: EF (Mother); Respondent: GH (Father); Guardian: CH (Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
16 June 2017
Procedural Posture
Care and Placement Order Proceedings / Final Hearing and Judgment
Outcome
Final care orders made for all four children; placement orders made for C and D.
Legal Topics
Care Orders, Placement Orders, Adoption, Sexual Abuse Allegations, Threshold Criteria, Welfare Checklist, Parental Responsibility
Family Law Child Protection Care Orders Placement Orders Adoption Sexual Abuse Allegations Threshold Criteria Welfare Checklist +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

Local Authority

Applicant

EF (Mother)

Respondent

GH (Father)

Respondent

CH (Children's Guardian)

Guardian

Procedural Posture

Care and Placement Order Proceedings / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the threshold criteria under section 31(2) Children Act 1989 are met for the four children
  2. 2 Whether final care orders and placement orders should be made for the children
  3. 3 Whether the allegations of sexual abuse by the father against B are proved on the balance of probabilities

Ratio Decidendi

The court found, on the balance of probabilities, that the father, GH, sexually abused B by making her perform oral sex on him during 2014-2015. The threshold for significant harm under section 31(2) Children Act 1989 was met due to sexual abuse, neglect, poor home conditions, and exposure to domestic violence. The welfare of the children required final care orders for all four children and placement orders for C and D, as no less radical order would suffice to protect their welfare. Adoption for C and D was necessary and proportionate, and the separation of A and B into long-term foster care was justified by their individual needs and best interests.

Court Disposition

Final care orders made for all four children; placement orders made for C and D.

Orders

  • Final care orders for A, B, C, and D.
  • Placement orders for C and D authorising their adoption.