B v A Local Authority & Ors
[2023] EWFC 154 (B)
Leicester City Council v The Mother & Anor
12 April 2024
[2024] EWHC 923 (Fam)
High Court
A baby's aunt in Switzerland wanted to care for him, but getting the required paperwork and assessments took too long. The court decided it was better for the baby to find a permanent home sooner, even if it's not with family.
Key Facts
- •Care proceedings for A (born 5 September 2023) whose mother (M) is unknown to the father.
- •M has a history of drug and alcohol abuse, neglect, association with risky adults, homelessness, and domestic abuse; her older children are in care.
- •M was recently released from prison and is homeless.
- •The Local Authority (LA) seeks to discharge the assessment of A's maternal aunt (residing in Switzerland) as a long-term carer due to extensive delays in the assessment process.
- •The assessment process, involving multiple international agencies and authorities, faced significant delays due to communication issues, translation requirements, and differing jurisdictional procedures.
- •The Swiss authorities confirmed that only they can conduct the assessment, a process estimated to take 6-9 months, with no guarantee of a positive outcome.
Legal Principles
Court's control of expert evidence and assessment in children's proceedings is governed by s.13 Children and Families Act 2014 (CFA).
Children and Families Act 2014
Court must have regard to the overriding objective (FPR 1) and the power to revoke an earlier direction for assessment (FPR 4.1(7)).
Family Procedure Rules 2010 (FPR)
In making placement orders, the paramount consideration is the child's welfare throughout their life, undertaking a global, holistic evaluation of all options (Re B-S (Children) [2013] EWCA Civ 1146).
Re B-S (Children) [2013] EWCA Civ 1146
The obligation to explore family options is not weakened by geography, but delays caused by assessing family members abroad may conflict with a child's timescales (London Borough of Tower Hamlets v D, E, F [2014] EWCH 3901 (Fam)).
London Borough of Tower Hamlets v D, E, F [2014] EWCH 3901 (Fam)
The phrase 'nothing else will do' (Re B) must be tied to the child's welfare and used only after a comprehensive welfare evaluation of all pros and cons (Re W (A Child) [2016] EWCA Civ 793). There is no presumption or right for a child to be brought up by natural family.
Re W (A Child) [2016] EWCA Civ 793
Outcomes
The court discharged the order for the assessment of the maternal aunt.
The significant delays (at least 9 months) in obtaining the assessment, coupled with the uncertainty of a positive outcome and the potential for further delays even if positive, would be detrimental to A's welfare. The court prioritised finding a permanent placement for A as swiftly as possible.