Y (Children) (Radicalisation) (Finding of Fact 2), Re

Y (Children) (Radicalisation) (Finding of Fact 2), Re

The court found, on the balance of probabilities, that the trip to Amsterdam was a cover for an intended journey to the Middle East involving all adult family members, that the family environment was radicalised, and that the adults had not been truthful about their intentions. The removal of the children from the family home and the making of care orders were justified to protect the children from significant harm.

Parties
Applicant: X Council; Respondent: Y; First Intervener: A; Second Intervener: B; Child: F; Child: J; Child: L (by Guardian CG)
Jurisdiction
England and Wales
Judgment Date
07 December 2016
Procedural Posture
Care Proceedings (children) / Fact Finding Judgment Prior to Final Hearing
Outcome
Findings of fact made against the adults; application for full care orders not resisted at final hearing.
Legal Topics
Radicalisation, Care Orders, Removal of Children, Fact Finding, Parental Responsibility
Family Law Child Protection Radicalisation Care Orders Removal of Children Fact Finding Parental Responsibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

X Council

Applicant

Y

Respondent

A

First Intervener

B

Second Intervener

F

Child

J

Child

L (by Guardian CG)

Child

Procedural Posture

Care Proceedings (children) / Fact Finding Judgment Prior to Final Hearing

Legal Issues

  1. 1 Whether the family attempted to take children to the Middle East for radical or political purposes
  2. 2 Whether adult siblings A and B were involved in the plan
  3. 3 Degree of radicalisation within the family

Ratio Decidendi

The court found, on the balance of probabilities, that the trip to Amsterdam was a cover for an intended journey to the Middle East involving all adult family members, that the family environment was radicalised, and that the adults had not been truthful about their intentions. The removal of the children from the family home and the making of care orders were justified to protect the children from significant harm.

Court Disposition

Findings of fact made against the adults; application for full care orders not resisted at final hearing.

Orders

  • Children to remain in foster care as per Local Authority plan
  • Final hearing to be listed for care orders