Y (Children) (Radicalisation: Interim Removal), Re

The pervasive radicalisation within the family, risk of significant harm, and lack of credible countermeasures justify immediate interim removal of the children under s.38 Children Act 1989, notwithstanding their wishes and feelings and disruption to their education.

Parties: Applicant: X Council; Respondent: Y; Interested Party: Children (by Guardian)
Jurisdiction: England and Wales
Judgment Date: 24 August 2016
Procedural Posture: Care Proceedings / Interim Removal Order
Outcome: Interim care order granted for removal of all three children from the family home.
Legal Topics: Radicalisation, Interim Care Orders, Risk Assessment, Welfare of Children

Family Law Child Protection Radicalisation Interim Care Orders Risk Assessment Welfare of Children

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Parties

X Council

Applicant

Respondent

Children (by Guardian)

Interested Party

Procedural Posture

Care Proceedings / Interim Removal Order

Legal Issues

1 Whether there are reasonable grounds to believe the children are at risk of significant harm due to radicalisation
2 Whether interim removal from the family home is justified pending final determination

Ratio Decidendi

Court Disposition

Interim care order granted for removal of all three children from the family home.

Orders

Interim care order in respect of all three children based on local authority care plans for removal.
Children to be placed in culturally and religiously appropriate foster placements as proposed by the local authority.