The Local Authority v B & Anor
[2024] EWFC 43 (B)
A Local Authority v Mother
22 August 2024
[2024] EWFC 308 (B)
Family Court
A little boy's grandparents were wonderful caregivers, but the court decided it was best for him to live with his young mum, as long as she got the help she needed. The grandparents will still see him a lot.
Key Facts
- •Ben (pseudonym), a 3-year-old, was subject to care proceedings.
- •Previous proceedings resulted in a Special Guardianship Order (SGO) with Ben's maternal aunt and uncle.
- •Concerns arose after Ben suffered a serious burn while in his mother's sole care.
- •Ben was initially placed with foster carers, then with his paternal grandparents under a Section 20 agreement, and later an interim care order.
- •Both parents are under 18 years old.
- •The paternal grandparents applied for a Special Guardianship Order.
- •The local authority proposed reunification with the mother with support.
Legal Principles
Child's welfare is paramount.
Children Act 1989
Parental involvement promotes child welfare unless contrary evidence exists.
Children Act 1989
Consideration of factors in Section 1(3) Children Act 1989 (child's wishes, needs, impact of change etc.).
Children Act 1989
Interference with family life must be proportionate.
Article 8 ECHR
Holistic welfare assessment required, considering all options.
Case Law
Court's powers under Section 14(a) paragraph 6, sub-paragraph (b) for SGO.
Children Act 1989
Threshold criteria for care order under Section 31 Children Act 1989 must be met. Meeting threshold doesn't mandate a care order.
Children Act 1989
Avoid penalising young mothers due to age or experience; consider support needs.
Case Law
Outcomes
Care order granted to the local authority, placing Ben with his mother.
The judge found that the mother, despite her youth and vulnerabilities, could provide adequate care with support, and that placing Ben with the grandparents would negatively impact his relationship with his mother.
Special Guardianship Order application by grandparents refused.
Concerns that the grandparents, despite good intentions, might marginalize the mother's role in Ben's life and harm his emotional development.
Extensive contact order for paternal grandparents
To maintain a strong relationship between Ben and his paternal family.