Dr Martina van der Leij acted for the local authority in public law proceedings concerning a 2-year-old child. The key issue before the court was how to protect the child given findings of domestic abuse by his father towards his mother.
Ultimately, the court approved the local authority’s plan for the child to remain living with his mother under an existing child arrangements order, supported by a 12-month supervision order.
Background to the proceedings
The child was born in 2022 and the mother was housed by the local authority.
Although there was a history of domestic abuse allegations against the father and police involvement, the mother had been reluctant for criminal proceedings to be brought against him.
In July 2024, during a meeting with a family nurse, the mother reiterated her domestic abuse claims and that the father had burnt her back with an iron.
The child was placed in foster care and the father arrested.
In August 2024, the mother and child were placed in a mother and baby placement unit for a 14-week assessment. After a positive parenting assessment, they returned home together.
In February 2025, a child arrangements order made for the child to live with his mother, an interim supervision order in support of that and the CPS and police and medical professionals were required to disclose related records.
Local authority’s case
The local authority sought findings that:
- the father was violent and engaged in controlling and coercive behaviour towards the mother on various occasions
- the father posed a risk of significant harm to the child and to the mother and
- the mother had failed to protect their child from the father’s abusive behaviour.
There was no proposal that the father have indirect contact with the child.
He had not been assessed in his parenting capacity. Also he faces the possibility of a criminal prosecution and conviction for his violence against the mother.
Given the serious findings, the judge deemed it essential that the existing non-molestation order remains in place. He also considered a 12-month supervision order necessary for the local authority to support the mother and to help ensure she engages fully with the professionals so she can protect her son.
Read the judgment in full in London Borough of Tower Hamlets v Simons & Ors [2025] EWFC 432 (B)