S Local Authority v T, UN & Ors (Rev 1)

S Local Authority v T, UN & Ors (Rev 1)

The threshold criteria under s31(2) Children Act 1989 are satisfied for all children due to significant sexual activity and abuse between siblings, failure by UN and WN to maintain boundaries and protect, and their knowledge or wilful blindness to the risk. Welfare best interests require care orders for E, F, L, P, Q, A, and placement and adoption order for T. Adoption for T is justified as 'nothing else will do' to ensure safety and permanence.

Parties
Applicant: S Local Authority; First Respondent: UN; Second Respondent: WN; Third Respondent: Ms B; Fourth Respondent: Mr Y; Fifth Respondent: Mr D; Sixth Respondent: Mr Z; Seventh Respondent: R; Eighth to Thirteenth Respondents: The Children (E, F, L, A, P, Q, T); Fourteenth Respondent: Mr C
Jurisdiction
England and Wales
Judgment Date
21 July 2016
Procedural Posture
Care Proceedings / Final Composite Hearing (fact Finding and Welfare Determination)
Outcome
Care orders made for E, F, L, P, Q, A; placement and adoption order made for T; parental consent to adoption dispensed with.
Legal Topics
Care Orders, Placement Orders, Threshold Criteria, Sexual Abuse, Neglect, Welfare Best Interests, Adoption, Contact Arrangements
Family Law Child Protection Care Orders Placement Orders Threshold Criteria Sexual Abuse Neglect Welfare Best Interests +2 more

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Parties

S Local Authority

Applicant

UN

First Respondent

WN

Second Respondent

Ms B

Third Respondent

Mr Y

Fourth Respondent

Mr D

Fifth Respondent

Mr Z

Sixth Respondent

R

Seventh Respondent

The Children (E, F, L, A, P, Q, T)

Eighth to Thirteenth Respondents

Mr C

Fourteenth Respondent

Procedural Posture

Care Proceedings / Final Composite Hearing (fact Finding and Welfare Determination)

Legal Issues

  1. 1 Whether threshold criteria under s31(2) Children Act 1989 are satisfied for each child
  2. 2 Basis for satisfaction of threshold criteria
  3. 3 Extent of sexual activity and abuse between children

Ratio Decidendi

The threshold criteria under s31(2) Children Act 1989 are satisfied for all children due to significant sexual activity and abuse between siblings, failure by UN and WN to maintain boundaries and protect, and their knowledge or wilful blindness to the risk. Welfare best interests require care orders for E, F, L, P, Q, A, and placement and adoption order for T. Adoption for T is justified as 'nothing else will do' to ensure safety and permanence.

Court Disposition

Care orders made for E, F, L, P, Q, A; placement and adoption order made for T; parental consent to adoption dispensed with.

Orders

  • Care order for E
  • Care order for F (placement with mother)