The Local Authority v RK and RU and Z (by her Children’s Guardian): FD 21 Aug 2008

Three elder brothers and sisters of Z had been taken into care after one suffered serious non-accidental injury. Before Z’s birth the authority planned for a placement, but had stayed with her parents for nearly a year subject to supervision in the hope that she could stay there. The evidence was that she could not be allowed to stay if the parents stayed together. The parents split up and each applied for residence.
Held: It had been accepted that the mother had been the principle carer, and the father’s application was to be considered only if hers failed. The mother said that now, free of the father, she was free also of the pressures which had led to the abuse. The case crossed the threshhold test. After careful consideration, the court concluded that the evidence was to the effect that the child could not stay with the mother, and a care order was made.


Hedley J


[2008] EWHC 2051 (Fam)




Children Act 1989 31(2)


England and Wales


Updated: 03 August 2022; Ref: scu.272820