Y (Children) (Radicalisation: Interim Removal), Re [2016] EWHC 3827 (Fam) (24 August 2016)

Y (Children) (Radicalisation: Interim Removal), Re [2016] EWHC 3827 (Fam) (24 August 2016)

There are reasonable grounds to believe the children are at immediate risk of significant harm due to pervasive radicalisation and exposure to extremist ideology in the family home. The risk is high and cannot await the final hearing. The threshold for interim care orders is met, and the welfare of the children...

Source-derived case information.

Citation
[2016] EWHC 3827 (Fam)
Parties
Applicant: X Council; Respondent Father: Y; Children: Children (by their Guardian)
Jurisdiction
England and Wales
Judgment Date
24 August 2016
Procedural Posture
Care Proceedings (children Act 1989) / Interim Removal Application; Interim Care Order
Outcome
Interim care order granted; children to be removed from father's care.
Legal Topics
Radicalisation, Interim Care Orders, Risk of Significant Harm, Welfare of the Child, Removal From Parental Care
Family Law Child Protection Radicalisation Interim Care Orders Risk of Significant Harm Welfare of the Child Removal From Parental Care

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Parties

X Council

Applicant

Y

Respondent Father

Children (by their Guardian)

Children

Procedural Posture

Care Proceedings (children Act 1989) / Interim Removal Application; Interim Care Order

Legal Issues

  1. 1 Whether the children should be removed from their father's care on an interim basis due to risk of radicalisation and significant harm
  2. 2 Whether the threshold for interim care order under s.38 Children Act 1989 is met

Ratio Decidendi

There are reasonable grounds to believe the children are at immediate risk of significant harm due to pervasive radicalisation and exposure to extremist ideology in the family home. The risk is high and cannot await the final hearing. The threshold for interim care orders is met, and the welfare of the children requires their immediate removal from the father's care.

Court Disposition

Interim care order granted; children to be removed from father's care.

Orders

  • Interim care order in respect of all three children granted.
  • Children to be placed in foster care as per local authority care plans.