D and R (Children), Re [2015] EWFC B198 (30 November 2015)

D and R (Children), Re [2015] EWFC B198 (30 November 2015)

It is not in D's best welfare interests to remain with his grandparents due to risk of sexual and emotional harm from the grandfather and lack of insight from both grandparents. Placement with the mother and Miss T carries too many risks and uncertainties, including concerns about the mother's mental health and the stability of her relationship. The balance of risks and benefits favours placement of D in long-term foster care. R should remain with her aunt and uncle under a Special Guardianship Order, supported by a supervision order.

Citation
[2015] EWFC B198
Parties
Local Authority: Leicester City Council; Mother of D: NH (mother of D); Mother of R: Miss A (mother of R); Father of D and R: FJ; Grandparents of D and R: BJ and CJ (grandparents); Aunt and Uncle of R: EF and HF (aunt and uncle); Children: Children (D and R)
Jurisdiction
England and Wales
Judgment Date
30 November 2015
Procedural Posture
Care Proceedings / Final Hearing and Judgment
Outcome
D to be placed in long-term foster care; R to remain with aunt and uncle under Special Guardianship Order with supervision order; hearing adjourned for two weeks for local authority to reconsider position on D.
Legal Topics
Care Orders, Special Guardianship Orders, Child Arrangements, Risk Assessment, Emotional Harm, Sexual Abuse, Parental Capacity
Family Law Child Protection Care Orders Special Guardianship Orders Child Arrangements Risk Assessment Emotional Harm Sexual Abuse +1 more

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Parties

Leicester City Council

Local Authority

NH (mother of D)

Mother of D

Miss A (mother of R)

Mother of R

FJ

Father of D and R

BJ and CJ (grandparents)

Grandparents of D and R

EF and HF (aunt and uncle)

Aunt and Uncle of R

Children (D and R)

Children

Procedural Posture

Care Proceedings / Final Hearing and Judgment

Legal Issues

  1. 1 Whether D should remain with grandparents, move to mother and Miss T, or be placed in long-term foster care
  2. 2 Whether R should remain with aunt and uncle under Special Guardianship Order
  3. 3 Assessment of risk posed by grandfather to D and R

Ratio Decidendi

It is not in D's best welfare interests to remain with his grandparents due to risk of sexual and emotional harm from the grandfather and lack of insight from both grandparents. Placement with the mother and Miss T carries too many risks and uncertainties, including concerns about the mother's mental health and the stability of her relationship. The balance of risks and benefits favours placement of D in long-term foster care. R should remain with her aunt and uncle under a Special Guardianship Order, supported by a supervision order.

Court Disposition

D to be placed in long-term foster care; R to remain with aunt and uncle under Special Guardianship Order with supervision order; hearing adjourned for two weeks for local authority to reconsider position on D.

Orders

  • Special Guardianship Order for R in favour of aunt and uncle
  • Supervision Order for R for 12 months