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Family Law

The leading authority on all aspects of family law

07 OCT 2014

Birmingham City Council v AB & Others [2014] EWHC 3090 (Fam)

Birmingham City Council v AB & Others [2014] EWHC 3090 (Fam)
(Family Division, Judge Cardinal, sitting as a High Court judge, 18 July 2014)

Care proceedings – Mother killed by father – Placement with grandmother ceased due to her arrest for stealing from children – Whether care and placement orders should be granted

Care and placement orders were made in respect of three children whose father had violently killed the mother and the judge provided guidance on these types of cases.

Please see attached file below for the full judgment.

The local authority sought care and placement orders in respect of three children whose mother had been violently killed by the father. The maternal grandmother had sought to protect the mother and children from the father and at the time of the mother’s death the children were living with her. They were removed from her care under an interim care order and remained in foster care due to the grandmother’s arrest for stealing from the children’s criminal injury compensation.

In the circumstances of this case, despite the advantages of being placed with a family member there was overwhelming evidence that to do so was not in the best interests of the children. Adoption was a last resort but the right thing for the children was a new start away from the family difficulties that continues to exist.

The judge provided guidance on best practice in cases where one parent was killed by the other including the need for care proceedings to be commenced as a matter of urgency due to the threshold being plainly met and the need for the local authority to have parental responsibility. The judge emphasised the need for a thorough assessment of any family member being considered as a potential carer due to that person’s own grief and suffering at losing a family member. This had not been done in this case and the judge found that the trauma of the children had been accentuated as a result.
Neutral Citation Number: [ 2014] EWHC 3090 (Fam)
Case No. FB13C00056

IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION

BIRMINGHAM CIVIL & FAMILY CENTRE
The Priory Courts
33 Bull Street
Birmingham

Date: Friday 18th July 2014

Before:-

HIS HONOUR JUDGE CARDINAL
(Sitting as a High Court judge)

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B E T W E E N :-

BIRMINGHAM CITY COUNCIL
Applicant

-and-

AB & Others
Respondents

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Transcribed by Cater Walsh Reporting Limited (Official Court Reporters and Audio Transcribers) 1st Floor, Paddington House, New Road, Kidderminster. DY10 1AL Tel. 01562 60921; Fax 01562 743235; info@caterwalsh.co.uk and Transcription Suite, 3 Beacon Road, Billinge, Wigan. WN5 7HE Tel. & Fax 01744 601880; mel@caterwalsh.co.uk

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J U D G M E N T

Birmingham City Council v AB & Others [2014] EWHC 3090 (Fam)

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