Sheffield City Council v The Mother [2025] EWFC 3 (B)

[2025] EWFC 3 (B)Case No SE23C50424
IN THE FAMILY COURT AT SHEFFIELD
Date 9 th January 2025
Sheffield Designated Family Court
48 West Bar,
SHEFFIELD
S3 8PH
H.H. Judge Marson
SHEFFIELD CITY COUNCILApplicantTHE MOTHERRespondentsTHE FATHERRespondentTHE CHILDRespondent
Mr S. Pallo (instructed by Sheffield City Council) for ApplicantMs J. Cole (instructed by Howells Solicitors) for First Respondent MotherMr A. Taylor (instructed by Taylor & Emmet Solicitors) for Second Respondent FatherMr L. Dodgson (instructed by A&N Care Solicitors) for Third Respondent ChildHearing Hearing dates: 01.11.2024 and 11, 12, 13, 16, 17 and 18 December 2024
Approved JudgmentThis judgment was handed down remotely at 10am on the 9 th January 2025 by circulation to the parties or their representatives by e-mail and by release to the National ArchivesIMPORTANT NOTICE This judgment was given in private. The court permits publication of this judgment on condition that (irrespective of what is contained in the judgment) in any published version of this judgment the anonymity of the child and members of their family must be strictly preserved. All persons, including the parents, their legal representatives, legal bloggers and representatives of the media, must ensure that this condition is strictly complied with.Failure to do so may be a contempt of court.H.H. Judge Marson

H.H. JUDGE MARSON

[1]The mother, MC1 is a perpetrator of physical abuse. Her older two children are not in her care, CY was removed in 2009 and CZ in August 2022.a. The court found on the 1st October 2010 that the mother was the most likely perpetrator of an inflicted bite mark on CY’s left buttock. This would have caused CY significant pain.b. CZ was seen with a concerning bruise to his face in June 2022. MC1 failed to seek appropriate medical advice in respect of this injury. Sexual and Emotional Harm by the Father[2]The father, FC1 is a perpetrator of sexual abuse to a child under the age of 13 years. This gives rise to a likelihood of sexual harm to C1 and of C1 witnessing such behaviour which is likely to cause him emotional harm. The acts of sexual abuse perpetrated by FC1 occurred in the home where FC1 was living and on some occasions MC1 was present in the home but not in the same room. The presence of MC1 in the home was not sufficient to deter FC1 from committing sexual assaults upon a child. C2a. In August 2022, following CZ being removed from the care of MC1, FC1 touched C2, a child then aged 9 years, on her ‘private parts’ (vagina) above and beneath her underwear. This occurred in MC1’s home whilst MC1 was elsewhere in the home. FC1 told the child not to tell her mum or dad about it, and told her that MC1 did not know about it;b. On two further occasions which occurred in February 2023; one when MC1 was in the bath, and one when MC1 was out of the home attending an interview, FC1 got under the bed covers with C2 while he was wearing just shorts and put his hands on her private parts (vagina) underneath her pants having unzipped the ‘onesie’ she was wearing. Physical and Emotional Harm by the Father[3]FC1 displays behaviour which would compromise his ability to offer safe and consistent care to C1. This means C1 is likely to suffer physical and/or emotional harm as a result of his father’s behaviour;a. FC1 struggles with his anger; he has punched the TV at MCX’s home, and pulled down a wardrobe and lightshade at MC3’s home when drunk.b. On New Year’s Eve 2020/21 FC1 accused MC3 of cheating on him and assaulted her. This led to his criminal conviction for assault occasioning actual bodily harm. FC1 demonstrates abusive behaviour against women with whom he is in an intimate relationship. ENDS