X and Y (Minors), Re [2009] EWCC 2 (Fam) (2009)

X and Y (Minors), Re [2009] EWCC 2 (Fam) (2009)

The interim care order was justified because the girls were at risk of significant harm due to family rejection and homelessness, regardless of the truth of the underlying abuse allegations.

Source-derived case information.

Citation
[2009] EWCC 2 (Fam)
Parties
Applicant: Local Authority; Respondent: X (Minor); Respondent: Y (Minor)
Jurisdiction
England and Wales
Procedural Posture
Care Proceedings and Wardship / Interim Care Order Hearing
Outcome
Interim care order granted; wardship proceedings discharged.
Legal Topics
Interim Care Order, Forced Marriage, Significant Harm Threshold, Wardship, Parental Responsibility
Family Law Child Protection Interim Care Order Forced Marriage Significant Harm Threshold Wardship Parental Responsibility

Source-derived case record

Summary, issues, holding and outcome

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Parties

Local Authority

Applicant

X (Minor)

Respondent

Y (Minor)

Respondent

Procedural Posture

Care Proceedings and Wardship / Interim Care Order Hearing

Legal Issues

  1. 1 Whether interim care order should be made for minors alleging forced marriage and abuse
  2. 2 Whether threshold of significant harm under s 31(2) Children Act 1989 is met
  3. 3 Whether wardship proceedings should be discharged

Ratio Decidendi

The interim care order was justified because the girls were at risk of significant harm due to family rejection and homelessness, regardless of the truth of the underlying abuse allegations.

Court Disposition

Interim care order granted; wardship proceedings discharged.

Orders

  • Interim care order made in favour of Local Authority
  • Wardship proceedings discharged