Re P (Notice of care proceedings to father without parental responsibility)
| Jurisdiction | England & Wales |
| Judge | Bellamy |
| Judgment Date | 11 March 2019 |
| Neutral Citation | [2019] EWFC 13 |
| Court | Family Court |
| Date | 11 March 2019 |
[2019] EWFC 13
IN THE FAMILY COURT
His Honour Judge Clifford Bellamy
sitting as a Deputy High Court Judge
Anthony Finch, counsel for the local authority
Christopher Gabb, solicitor for the mother
Kerry Cockayne, counsel for the child
In 2018 a local authority obtained a final care order in respect of a teenage girl, Z. In its threshold document the local authority alleged that Z was ‘at high risk of sexual harm as she has previously been groomed and sexually exploited’. Z's parents accepted that the threshold criteria set by s.31(2) of the Children Act 1989 were met. The local authority sought a final care order based on a care plan of long-term foster care. Z's parents accepted that that plan was both proportionate and in Z's best welfare interests. A final care order was made.
At the time of those proceedings Z was pregnant. Z's baby, P, was born in December 2018. The local authority promptly issued care proceedings and obtained an interim care order. The local authority's interim care plan was that upon discharge from hospital P should be placed with Z in her foster placement. That plan was implemented.
This case relates to issues of child sexual exploitation. P's father is believed to be T. T is more than 10 years older than Z. He is believed to be part of a group of predatory men who have groomed and sexually exploited a number of teenage girls of whom Z is one. He has been prosecuted for offences relating to his sexual relationship with Z and is presently serving a custodial sentence.
It is not known what information, if any, T has concerning Z's pregnancy and P's birth. He has never had contact with P, either direct or indirect. It is believed that he is not aware of these care proceedings. He does not have parental responsibility for P.
The local authority wishes to be relieved of its responsibility to comply with the provisions of Family Procedure Rules 2010 (FPR) Practice Direction (PD)12 §3.1 which provides that, ‘every person whom the applicant believes to be a parent without parental responsibility for the child’ is ‘entitled to receive a copy of Form C6A (Notice of Proceedings/Hearings/Directions Appointment to Non-Parties’.
I heard the local authority's application on 18 th February. I allowed the application and indicated that I would give my reasons later. I now set out my reasons.
The law
In May 2017 I gave judgment in Re CD (Notice of care proceedings to father without parental responsibility) [2017] EWFC 34, [2017] 4 WLR 110 (‘ Re CD’). That case raised similar issues of law to those raised in this case though it related to facts which were materially different. In that case, in addition to hearing submissions from advocates on behalf of all parties I also had the benefit of submissions by an advocate to the court provided by the Attorney General. My decision was not appealed. So far as I am aware it has not been the subject of criticism in any subsequent case or any academic criticism. In those circumstances I propose to proceed on the basis that the law is as set out in that case.
Family life – the law
Article 8 of the European Convention on Human Rights and Fundamental Freedoms ('the Convention) is headed, ‘Right to respect for family and private life’. It provides that:
(1) Everyone has the right to respect for his private and family life, his home and his correspondence.
(2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
The first issue to be determined in this case, as in Re CD, is whether there is any relationship between T and P which can properly be described as amounting to ‘family life’.
In Re CD my analysis of the law on this issue is to be found at §§22 – 29 of my judgment. After analysing the relevant authorities, I concluded that,
29. In summary, when considering whether ‘family life’ exists, the following points emerge from the authorities:
(a) the determination of whether family life exists is essentially a question of fact;
(b) family life is not confined solely to marriage-based relationships; however,
(c) mere biological kinship is not of itself sufficient to constitute family life;
(d) cohabitation, though not a pre-requisite, is an important factor to be taken into account when considering the existence or otherwise of family life; however,
(e) other factors may also serve to demonstrate that a relationship has sufficient constancy to create de facto family life;
(f) there must be evidence of a close personal relationship, a demonstrable interest in and commitment to the child.
Is there a relationships of family life between T and P?
The local authority became involved in the life of Z's family in 2009. By 2016 the local authority had become concerned that Z was at risk of child sexual exploitation. Those concerns persisted. Following a referral from the police a strategy meeting was held. The strategy meeting concluded that Z was at particular risk from T. Z's parents were aware of the relationship between Z and T. It is known that on occasion they allowed T to visit their home and to stay overnight. Z's parents ought to have understood that T's relationship with Z was an inappropriate and abusive relationship and taken steps to protect Z. They did not do so.
The concerns continued to increase. As a result, the police exercised their powers of protection under s.46 of the Children Act 1989. Z was placed in foster care. When interviewed by the police Z disclosed that she was pregnant and that her mother was aware that she was pregnant.
The local authority immediately began care proceedings in respect of Z and obtained an interim care order. Soon after Z was placed in foster care a scan confirmed that she was pregnant. On the basis of the evidence available the local authority believes that T is P's biological father. He does not have parental responsibility.
Since her removal into foster care Z has had no contact with T. It is unclear whether T was aware of Z's pregnancy. If he did become aware of the pregnancy and of P's birth he has taken no step to assert that he is P's father. He did not seek any information about the progress of the pregnancy. He was not present at the birth. He has had no contact with P nor has he seen P. He has not even seen a photograph of P. He is believed to be completely unaware of these proceedings. If, contrary to that belief, he is aware of these proceedings he has made no contact with the local authority and has not made an application for party status. At no time has T played any part in P's life and care. His relationship with P is no more than that of a naked blood tie.
Applying the principles identified at §29 of my judgment in Re CD, I have no hesitation in finding that there does not now exist, and never has existed, any family life between T and P.
The right to a fair trial
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