The Local Authority v SB & Ors

The Local Authority v SB & Ors

The threshold criteria under section 31 Children Act 1989 are met because both RA and FB were suffering and likely to suffer significant emotional harm attributable to the care given and likely to be given by SB and PB, which was not reasonable. The animosity towards RA's father, exposure to acrimonious proceedings, coaching and influencing RA, plans to relocate without proper arrangements, and lack of bereavement support cumulatively caused and risked further significant harm.

Parties
Applicant: The Local Authority; First Respondent: SB; Second Respondent: PB; Third Respondent: MC; Children Respondents: RA and FB (by their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
22 January 2025
Procedural Posture
Care Proceedings / Threshold Hearing
Outcome
Threshold criteria met; findings made as sought by the local authority.
Legal Topics
Care Orders, Emotional Harm, Parental Alienation, Relocation, Bereavement Support, Private Law Proceedings
Family Law Child Protection Care Orders Emotional Harm Parental Alienation Relocation Bereavement Support Private Law Proceedings

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Parties

The Local Authority

Applicant

SB

First Respondent

PB

Second Respondent

MC

Third Respondent

RA and FB (by their Children's Guardian)

Children Respondents

Procedural Posture

Care Proceedings / Threshold Hearing

Legal Issues

  1. 1 Whether the threshold criteria under section 31 Children Act 1989 are met for RA and FB
  2. 2 Whether animosity and parental conduct caused significant emotional harm to the children
  3. 3 Whether the planned relocation and lack of support post-bereavement increased harm

Ratio Decidendi

The threshold criteria under section 31 Children Act 1989 are met because both RA and FB were suffering and likely to suffer significant emotional harm attributable to the care given and likely to be given by SB and PB, which was not reasonable. The animosity towards RA's father, exposure to acrimonious proceedings, coaching and influencing RA, plans to relocate without proper arrangements, and lack of bereavement support cumulatively caused and risked further significant harm.

Court Disposition

Threshold criteria met; findings made as sought by the local authority.

Orders

  • Directions for updating assessments and final evidence
  • Listing of a final hearing