D (International SGO), Re
[2024] EWFC 353
London Borough of Enfield v E (Unconscionable Delay)
12 July 2024
[2024] EWFC 183
Family Court
A baby girl with a serious illness needed a permanent home. Her mom couldn't care for her alone, but her aunt in Ghana could. The judge ordered the aunt to be the guardian, but criticized the court case which took far too long, causing unnecessary stress for the baby.
Key Facts
- •E, a girl born in December 2021 with sickle cell anaemia, was the subject of care proceedings.
- •The London Borough of Enfield sought a Special Guardianship Order (SGO) placing E with her paternal aunt in Ghana.
- •The mother opposed the plan, while the father supported it.
- •The case suffered significant delays, exceeding the statutory 26-week time limit by over 100 weeks.
- •The mother has extremely low intellectual functioning and significant deficits in adaptive functioning.
- •Multiple assessments of the mother's parenting capacity were conducted, all concluding she lacked the ability to care for E without 24/7 support.
- •Assessments of the father revealed no significant issues, but his suitability was questioned due to past domestic abuse allegations.
- •A viability assessment deemed the paternal aunt capable of providing a suitable home in Ghana.
- •Medical experts confirmed Ghana's capability to manage E's sickle cell anaemia.
- •A comprehensive transition plan was developed for E's move to Ghana.
Legal Principles
The child's welfare is the paramount consideration.
Children Act 1989, s.1(1)
Delay in determining upbringing questions prejudices the child's welfare.
Children Act 1989, s.1(2)
Special Guardianship Orders (SGOs) can be made, granting parental responsibility to the guardian.
Children Act 1989, ss.14A, 14C, 14D
The court must consider the wishes and feelings of the child, their needs, the effect of change, and the capabilities of carers.
Children Act 1989, s.1(3)
An order should only be made if it is better for the child than making no order.
Children Act 1989, s.1(5)
When choosing between placement options, comparative welfare analysis is necessary.
Re G (A Child) [2013] EWCA Civ 965, Re B-S (Children) [2013] EWCA Civ 1146
The 26-week time limit for care proceedings can be extended only if necessary for a just resolution, and not routinely.
Children Act 1989, ss.32(1)(a)(ii), 32(5), 32(7); Re S (Parenting Assessment) [2014] 2 FLR 575
In cases involving parents with learning difficulties, the court must assess the support needed and its impact on the child's welfare.
Re H (Parents with Learning Difficulties: Risk of Harm) [2023] EWCA Civ 59
Outcomes
SGO granted in favour of the paternal aunt.
The mother lacked the capacity to meet E's needs, while the paternal aunt offered a stable and loving family environment capable of managing E's medical condition. The significant delay was acknowledged and condemned.
Permission granted for paternal aunt to remove E to Ghana.
This was deemed in E's best interests, considering the suitability of the aunt and Ghana's healthcare system.