B and G (Children), Re
[2023] EWFC 225 (B)
The London Borough of Lambeth v RF & Ors
13 September 2024
[2024] EWFC 257 (B)
Family Court
Two brothers were taken into care because of problems with their parents. After trying different homes, the boys said they wanted to live with their grandmother. The judge agreed and made it official, but will keep checking in to help the family and make sure the boys see their father again. The mother is not allowed to go near their new home or school without permission because she has caused trouble before.
Key Facts
- •K1 (11) and K2 (8) were subject to Child Protection Plans due to neglect and concerns about their mother's mental health and drug use.
- •The mother initially refused to cooperate with social services but later withdrew her opposition to the Local Authority's care plans.
- •Interim orders placed the boys with their father, but K1 absconded and was placed with his maternal grandmother.
- •K2 alleged abuse by his father, leading to his removal and placement in foster care.
- •Further assessments recommended placing both boys with the maternal grandmother.
- •The father denied abuse and claimed a conspiracy against him.
- •The court considered various placement options, including returning K2 to the father's care.
Legal Principles
Threshold criteria under s 31(2) of the Children Act 1989 must be met before public law orders can be made.
Children Act 1989
The child's welfare is the paramount consideration (s1(3) Children Act 1989).
Children Act 1989
A global holistic assessment of realistic options is required (Re B-S (Children) [2013] EWCA Civ 1146).
Re B-S (Children) [2013] EWCA Civ 1146
Orders must be necessary and proportionate under Articles 6 and 8 of the ECHR.
ECHR Articles 6 & 8
Society should tolerate diverse parenting standards (Re L (Care: Threshold criteria) [2007] 1 FLR 2050).
Re L (Care: Threshold criteria) [2007] 1 FLR 2050
Supervision orders alongside Special Guardianship Orders should be exceptional (Best Practice Guidance on Special Guardianship Orders, June 2020).
Best Practice Guidance on Special Guardianship Orders
Outcomes
Special Guardianship Orders for both boys with their maternal grandmother.
This placement aligns with the boys' wishes, meets their needs for stability and addresses their behavioural issues. Other options were deemed unrealistic due to lack of parental relationship, professional opposition, and potential for harm.
12-month Supervision Orders for both boys.
Exceptional circumstances warrant this to support the SGOs, facilitate the re-establishment of the paternal relationship, and ensure ongoing Local Authority support.
Prohibited Steps Order against the mother.
Her past behaviour necessitates this to protect the children's stability.
No Prohibited Steps Order against the father.
Insufficient evidence of a pattern of disruptive behaviour to warrant such an order.