Surrey County Council v Mother & Ors (Threshold: Proof of Domestic Abuse)

Surrey County Council v Mother & Ors (Threshold: Proof of Domestic Abuse)

The threshold for making care orders was met due to significant harm suffered by the children from parental conflict and mother's alcohol misuse. However, the court found the evidence of father's controlling and coercive behaviour was not proved on the balance of probabilities. The professional and expert evidence against father was undermined by reliance on untested allegations and lack of direct engagement. The children’s clear and consistent wishes to live with their father, the harm suffered in foster care and with grandparents, and the lack of viable alternatives led the court to conclude that the least harmful option was to place the children with their father under a supervision...

Parties
Applicant: Surrey County Council; Respondent 1: Mother (A); Respondent 2: Father (B); Respondent 3: C, Child by their Children’s Guardian; Respondent 4: D (a competent child)
Jurisdiction
England and Wales
Judgment Date
13 January 2026
Procedural Posture
Care and Supervision Proceedings (children Act 1989) / Final Judgment After Contested Hearing
Outcome
Care orders refused; children to live with father under a 12-month supervision order.
Legal Topics
Care Orders, Supervision Orders, Threshold Criteria, Parental Responsibility, Domestic Abuse, Alcohol Misuse, Fact Finding, Welfare Checklist, Children's Wishes and Feelings, Expert Evidence
Family Law Child Protection Care Orders Supervision Orders Threshold Criteria Parental Responsibility Domestic Abuse Alcohol Misuse +4 more

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Parties

Surrey County Council

Applicant

Mother (A)

Respondent 1

Father (B)

Respondent 2

C, Child by their Children’s Guardian

Respondent 3

D (a competent child)

Respondent 4

Procedural Posture

Care and Supervision Proceedings (children Act 1989) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether threshold for care order is met under s.31 Children Act 1989
  2. 2 Whether children should be placed in foster care or with their father
  3. 3 Assessment of risk of emotional harm from father

Ratio Decidendi

The threshold for making care orders was met due to significant harm suffered by the children from parental conflict and mother's alcohol misuse. However, the court found the evidence of father's controlling and coercive behaviour was not proved on the balance of probabilities. The professional and expert evidence against father was undermined by reliance on untested allegations and lack of direct engagement. The children’s clear and consistent wishes to live with their father, the harm suffered in foster care and with grandparents, and the lack of viable alternatives led the court to conclude that the least harmful option was to place the children with their father under a supervision...

Court Disposition

Care orders refused; children to live with father under a 12-month supervision order.

Orders

  • Children to be placed in the care of their father, subject to a 12-month supervision order to Surrey County Council.
  • Local authority to provide a robust support plan for the family, including therapeutic support for the children and assistance with education and housing.