Y children (Findings of Fact as to Radicalisation) Part 1, Re

Y children (Findings of Fact as to Radicalisation) Part 1, Re

The court found, on the balance of probabilities, that the father is closely associated with ALM, a proscribed organisation, and has exposed the children to radicalised beliefs, harmful material, and individuals convicted of terrorism offences, thereby causing or risking significant harm. The court could not yet determine whether the father planned to take the children to Syria, as findings against the adult children/interveners are deferred. The court accepted expert evidence that the children, especially the youngest, have been subject to a process of radicalisation and emotional harm.

Parties
Applicant: X Council; Respondent: AB; Children: Children (by Guardian CG)
Jurisdiction
England and Wales
Judgment Date
19 August 2016
Procedural Posture
Wardship and Care Proceedings / Fact Finding Judgment (interim, Part 1)
Outcome
Findings of fact (interim) – significant harm/risk of harm by radicalisation established against the father; findings against adult children deferred; no removal orders made at this stage.
Legal Topics
Radicalisation, Significant Harm, Care Proceedings, Wardship, Children Act 1989, Proscribed Organisations, Parental Responsibility
Family Law Child Protection Public Law Radicalisation Significant Harm Care Proceedings Wardship Children Act 1989 +2 more

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Parties

X Council

Applicant

AB

Respondent

Children (by Guardian CG)

Children

Procedural Posture

Wardship and Care Proceedings / Fact Finding Judgment (interim, Part 1)

Legal Issues

  1. 1 Whether the father exposed the children to significant harm by radicalisation
  2. 2 Whether the father is associated with a proscribed organisation (ALM)
  3. 3 Whether the children were exposed to harmful material and beliefs

Ratio Decidendi

The court found, on the balance of probabilities, that the father is closely associated with ALM, a proscribed organisation, and has exposed the children to radicalised beliefs, harmful material, and individuals convicted of terrorism offences, thereby causing or risking significant harm. The court could not yet determine whether the father planned to take the children to Syria, as findings against the adult children/interveners are deferred. The court accepted expert evidence that the children, especially the youngest, have been subject to a process of radicalisation and emotional harm.

Court Disposition

Findings of fact (interim) – significant harm/risk of harm by radicalisation established against the father; findings against adult children deferred; no removal orders made at this stage.

Orders

  • Further hearing set for findings against adult children/interveners
  • Guardian to advise on welfare and possible removal