Swansea CC v MX & Ors.

Swansea CC v MX & Ors.

The court found that MX and FZ have not genuinely separated, continue to deny the findings of abuse, and lack insight into the risks posed to F. The risks of significant emotional and physical harm to F if placed with her mother (and, in reality, both parents) remain high and are not mitigated by proposed protective orders. Placement with her paternal uncle and aunt is necessary and proportionate to meet F's welfare needs, providing safety, security, and the opportunity for positive family relationships without the risks present in her parents' care.

Parties
Applicant: Swansea CC; 1st Respondent: MX; 2nd Respondent: FZ; 3rd Respondent: F (a child by her guardian)
Jurisdiction
England and Wales
Judgment Date
17 March 2023
Procedural Posture
Care Proceedings (public Law, Child Protection) / Final Welfare Judgment
Outcome
Final care order granted; F to be placed with her paternal uncle and aunt under the Local Authority's care plan.
Legal Topics
Care Orders, Domestic Abuse, Parental Responsibility, Child Welfare, Contact Arrangements, Threshold Criteria, Placement With Family, Protective Orders
Family Law Child Protection Public Law Care Orders Domestic Abuse Parental Responsibility Child Welfare Contact Arrangements +3 more

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Parties

Swansea CC

Applicant

MX

1st Respondent

FZ

2nd Respondent

F (a child by her guardian)

3rd Respondent

Procedural Posture

Care Proceedings (public Law, Child Protection) / Final Welfare Judgment

Legal Issues

  1. 1 Whether F should be placed in the care of her mother (MX) or with her paternal uncle and aunt under a care order
  2. 2 Whether the risks of significant harm from MX and FZ are mitigated or ongoing
  3. 3 Whether protective orders/injunctions would be sufficient to protect F

Ratio Decidendi

The court found that MX and FZ have not genuinely separated, continue to deny the findings of abuse, and lack insight into the risks posed to F. The risks of significant emotional and physical harm to F if placed with her mother (and, in reality, both parents) remain high and are not mitigated by proposed protective orders. Placement with her paternal uncle and aunt is necessary and proportionate to meet F's welfare needs, providing safety, security, and the opportunity for positive family relationships without the risks present in her parents' care.

Court Disposition

Final care order granted; F to be placed with her paternal uncle and aunt under the Local Authority's care plan.

Orders

  • F is to be placed with her paternal uncle and aunt under a care order.
  • Contact between F and her parents (MX and FZ) to be supervised and limited as per the care plan (not more than once per month).