S Local Authority v T, UN & Ors (Rev 1) [2016] EWFC 41 (21 July 2016)

S Local Authority v T, UN & Ors (Rev 1) [2016] EWFC 41 (21 July 2016)

The court found, on the balance of probabilities, that sexual abuse and inappropriate sexual activity occurred between the children, that UN knew of the abuse of E by R and failed to act, and that both UN and WN failed to protect the children. The threshold criteria under s31(2) Children Act 1989 were met. The welfare best interests of each child required care orders, with some children to remain in foster care, some to be placed with parents under care orders, and one child (T) to be placed for adoption as a last resort after holistic assessment of all options.

Citation
[2016] EWFC 41
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, A, F, L, P, Q, T); Fourteenth Respondent: Mr C
Jurisdiction
England and Wales
Judgment Date
21 July 2016
Procedural Posture
Care Proceedings (children Act 1989) and Placement/adoption Orders / Final Composite Hearing (fact Finding and Welfare Determination)
Outcome
Care orders made for all children except R (already subject to care order); T to be placed for adoption; other children to remain in foster care or with parents under care orders as specified.
Legal Topics
Care Proceedings, Threshold Criteria, Sexual Abuse, Physical Abuse, Welfare Checklist, Placement Orders, Adoption, Article 8 ECHR, Standard of Proof, Evidence of Children
Family Law Child Protection Care Proceedings Threshold Criteria Sexual Abuse Physical Abuse Welfare Checklist Placement Orders +4 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, A, F, L, P, Q, T)

Eighth to Thirteenth Respondents

Mr C

Fourteenth Respondent

Procedural Posture

Care Proceedings (children Act 1989) and Placement/adoption Orders / Final Composite Hearing (fact Finding and Welfare Determination)

Legal Issues

  1. 1 Whether sexual activity occurred between the older children and/or sexualised behaviour was displayed
  2. 2 What knowledge UN and/or WN had or ought to have had of sexual activity
  3. 3 What steps UN and/or WN took or ought to have taken in light of the foregoing

Ratio Decidendi

The court found, on the balance of probabilities, that sexual abuse and inappropriate sexual activity occurred between the children, that UN knew of the abuse of E by R and failed to act, and that both UN and WN failed to protect the children. The threshold criteria under s31(2) Children Act 1989 were met. The welfare best interests of each child required care orders, with some children to remain in foster care, some to be placed with parents under care orders, and one child (T) to be placed for adoption as a last resort after holistic assessment of all options.

Court Disposition

Care orders made for all children except R (already subject to care order); T to be placed for adoption; other children to remain in foster care or with parents under care orders as specified.

Orders

  • Care orders for E, F, L, P, Q, A, and T
  • E to remain in foster care