Barnsley Metropolitan Borough Council v The Mother & Ors [2025] EWFC 304 (B)
[2025] EWFC 304 (B)Case No SE24C50260
IN THE FAMILY COURT AT SHEFFIELD
Date 19 th September 2025
Sheffield Designated Family Court
48 West Bar,
SHEFFIELD
S3 8PH
Before
H.H. Judge Marson
Between
BARNSLEY METROPOLITAN BOROUGH COUNCILApplicantTHE MOTHERRespondentsTHE FATHERRespondentTHE CHILDRENRespondentMs J. Southcote-Want (instructed by Barnsley MBC) for ApplicantMr D. Foster (instructed by Howells Solicitors) for First Respondent MotherMr L. Dodgson (instructed by Howard & Co Solicitors) for Second Respondent FatherMr A. Taylor (instructed by Norrie, Waite & Slater Solicitors) for Third Respondent ChildrenHearing Hearing dates: 07, 08, 12, 13 and 15 August; 4 and 19 September 2025Approved JudgmentThis judgment was handed down remotely at 2pm on the 19 September 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 MarsonThe original version of this judgment included the names of the subject children, parents, other family members and all professionals involved with the family, and specific dates were identified. In this published version names have been changed to preserve the privacy and anonymity of the family concerned.
H.H. JUDGE MARSON
[1]The Applicant Local Authority seeks to rely on events occurring on or before the date on which it first intervened to protect the children (Re M (Minor) (Care[2]The Applicant Local Authority also seeks to rely on events occurring since that date which are capable of proving the state of affairs at the date of intervention (Re G (Care Proceedings: Threshold Conditions) [2001] 2 FLR 1111).[3]The significant harm likely to be suffered is physical and emotional harm, and impairment of their development by seeing or hearing the ill-treatment of another.
Physical harm
[4]The children are at risk of significant physical harm in the parents’ care, due to the following: -[5]In the early hours of 2 August 2024, the parents physically restrained their adult daughter, Maria causing her significant physical and emotional harm. The particulars are: - i. On the 2 August 2024, Maria resided in the family home. Maria returned home in the early hours of 02.08.2024. The parents told Maria they believed she had been drinking alcohol and was drunk. Maria was significantly intoxicated with alcohol. ii. Maria and her mother argued. Maria wanted to leave. The mother physically blocked the living room door to prevent Maria leaving the room. iii. The parents physically restrained Maria on the floor to prevent her from leaving. Maria was temporarily unable to move her arms or legs as she was physically restrained by both parents. The mother tied Maria’s hands behind her back as she was lying face down on the floor with the cord from the father’s dressing gown. The father continued to hold Maria down when the mother left the room to get dressed. During the incident Maria’s head hit a glass coffee table. iv. The physical force and restraint used by the parents upon Maria was not necessary, proportionate or reasonable. v. As a result of the incident, Maria suffered a wound to her right ear lobe extending into antitragus region and swelling to the right temporomandibular. Maria attended the Emergency Department of Barnsley hospital at 04:53 hours on 2 August 2024 where Maria’s wound was cleaned and sutured.[6]If Jemma and/or Jess were to be subjected to similar levels of restraint in the future it is likely to cause them significant physical and emotional harm.
Emotional harm
[7]On 2 August 2024 Jemma and Jess were woken up in the night by the sound of screaming and banging arising from the above incident. The children saw the (bleeding) injury to Maria’s ear. The children were sad, confused and scared. The children’s exposure to hearing the ill-treatment and restraint of Maria is likely to impair their development and cause them significant harm as defined by section 31(9) of the Children Act 1989.[8]The mother has threatened Jemma and Jess with the use of physical harm to manage their behaviour, telling the children, “I will beat you”. The making of such threats is likely to place the children at risk of significant emotional harm.
Findings Relevant to the Welfare Considerations
[1]Prior to 2019, the mother used physical force which was physically and emotionally abusive to control and manage the behaviour of Maria and Erin. In particular: i. When Maria and Erin were children, there were occasions when the mother hit them using her hand by way of an open palm slap, or a slipper or a stick. ii. On one occasion the mother hit Maria with a belt. iii. In 2019, when Maria was around 16 or 17 years old, the mother slapped her to the face (her cheek) using an open palm. Maria had re-entered the family home after going outside to smoke, and upon her return she lied to her mother about what she had been doing. The mother shouted at Maria. iv. In 2019 the mother excessively physically chastised Erin (then aged 13) using a phone cable, causing linear marks to her arm. Erin was heard screaming by a neighbour who contacted the police. v. The parents have both smacked Jemma and Jess on the bottom using a hand or a slipper. vi. When Maria was a teenager, aged 17 or 18 years old (attending college), the mother saw an image of Maria on social media and told her she was dressed like a prostitute.
The Mother’s Mental Health
[2]The mother has a diagnosis of a Bipolar Affective Disorder. For many years the mother experienced significant fluctuations in her mental health. Between October 2015 and February 2024, the mother was admitted to hospital 13 times. The mother’s mental health has been stable since March 2024 with no episodes of relapse or incidents of concern due to her compliance with her depot medication.[3]Historically, when the mother has been acutely unwell, the children witnessed frightening adult behaviours. In particular: -a. On or around 10 September 2018 Maria (then aged 16) contacted the police because the mother was breaking things in the home and was trying to get out of the house through the windows. The family, including Jemma (aged 2), were frightened. When the police attended the mother was standing in the back garden holding Jemma. The mother’s behaviours had been escalating over a few weeks because the mother had stopped taking her medication. The mother was detained under the Mental Health Act 1983.b. On or around 5 August 2019 the mother was detained under the Mental Health Act 1983 due to a deterioration in her mental health. Maria (then aged 17) reported there had been a decline in the mother’s mental health which the mother had been in denial about. The mother experienced a manic episode where she was not sleeping and was hearing voices.c. In or around November 2020 Maria (then aged 18) contacted the police because the mother was trying to leave the house during a mental health crisis. The mother bit Maria and pulled Jess’s (then aged 1 year) hair. The mother was detained under the Mental Health Act 1983.d. On 17 November, 18 November and 19 November 2021 and the 10 December 2021 the police attended the family home due to the mother’s frightening and at times, violent behaviour which the children witnessed. On 10 December 2021 the mother was detained under the Mental Health Act 1983.e. On 6 February 2024 Erin (then aged 18) contacted the police because the mother was behaving in a violent and aggressive manner. The mother’s behaviour had become ‘serious’ the previous day. The mother was shouting, trying to pull the curtains down and smash windows. Jemma and Jess (then aged 7 and 4) were present in the home throughout, and likely to have been aware of the incident. The mother bit and hit the father whilst he tried to restrain her. The mother was admitted to hospital for assessment.[4]Prior to 28.02.2024 the mother failed to take her medication consistently leading to relapses in her mental health condition. Previously, the mother lacked the insight to accept the necessity of taking her antipsychotic medication consistently to prevent a mental health crisis. Since March 2024 the mother has complied with her Aripiprazole medication and engaged with her mental health team. The mental health professionals are confident the mother’s compliance with her medication is accurate because they are responsible for administering her injections. ENDS