SCC v H-M (domestic abuse)

SCC v H-M (domestic abuse)

The court found, on the balance of probabilities, that the father perpetrated serious and significant domestic abuse, both physical and emotional, against MJ and MM, exposing the children to harm and neglect. MJ failed to protect the children from abuse due to fear and control. Both parents admitted drug use, impacting their ability to provide safe care. The threshold for public law orders was met.

Parties
Applicant: Surrey County Council; First Respondent: F; Second Respondent: MJ; Third Respondent: MM; Fourth Respondent: The Children (by the Children’s Guardian, Iona Storey)
Jurisdiction
England and Wales
Judgment Date
11 March 2025
Procedural Posture
Care Proceedings / Fact Finding Judgment
Outcome
Threshold for public law orders met; findings of domestic abuse, neglect, and emotional harm proved.
Legal Topics
Domestic Abuse, Child Arrangements, Supervision Orders, Prohibited Steps Orders, Occupation Orders, Drug and Alcohol Misuse, Parental Responsibility, Emotional Harm, Neglect
Family Law Child Protection Domestic Abuse Child Arrangements Supervision Orders Prohibited Steps Orders Occupation Orders Drug and Alcohol Misuse +3 more

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Parties

Surrey County Council

Applicant

F

First Respondent

MJ

Second Respondent

MM

Third Respondent

The Children (by the Children’s Guardian, Iona Storey)

Fourth Respondent

Procedural Posture

Care Proceedings / Fact Finding Judgment

Legal Issues

  1. 1 Whether the threshold for public law orders is met due to domestic abuse, neglect, and emotional harm
  2. 2 Whether the children have suffered or are likely to suffer significant harm
  3. 3 Whether the parents have failed to protect the children from domestic abuse

Ratio Decidendi

The court found, on the balance of probabilities, that the father perpetrated serious and significant domestic abuse, both physical and emotional, against MJ and MM, exposing the children to harm and neglect. MJ failed to protect the children from abuse due to fear and control. Both parents admitted drug use, impacting their ability to provide safe care. The threshold for public law orders was met.

Court Disposition

Threshold for public law orders met; findings of domestic abuse, neglect, and emotional harm proved.

Orders

  • Children to remain with their mothers under child arrangements orders
  • Six month supervision orders to the local authority