AB (Care Order), Re

AB (Care Order), Re

The court found that AB had suffered and was at further risk of significant emotional harm in the care of his grandmother due to her lack of insight, repeated breaches of agreements prohibiting unsupervised contact with Mother, and failure to engage with support services. The grandmother's inability to prioritise AB's welfare over her daughter's needs, combined with ongoing dishonesty and non-compliance, meant that the risks could not be managed in the home. The balance of harm and AB's best interests required that he remain in foster care under a care order, as no lesser order would suffice.

Parties
Applicant: A Local Authority; First Respondent: Mother; Second Respondent: Father; Third Respondent: Grandmother; Fourth Respondent: AB (by his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
28 July 2025
Procedural Posture
Care Order (children Act) / Final Judgment
Outcome
Final care order granted for AB to remain in foster care.
Legal Topics
Care Orders, Significant Harm Threshold, Parental Responsibility, Welfare Checklist, Supervision Orders, Special Guardianship, Article 8 ECHR, Emotional Harm, Substance Misuse, Contact Arrangements
Family Law Child Protection Care Orders Significant Harm Threshold Parental Responsibility Welfare Checklist Supervision Orders Special Guardianship +4 more

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Parties

A Local Authority

Applicant

Mother

First Respondent

Father

Second Respondent

Grandmother

Third Respondent

AB (by his Children’s Guardian)

Fourth Respondent

Procedural Posture

Care Order (children Act) / Final Judgment

Legal Issues

  1. 1 Whether AB should remain in foster care or return to the care of his maternal grandmother
  2. 2 Whether the threshold for significant harm under s31 Children Act 1989 is met
  3. 3 Whether the grandmother can provide safe and protective care for AB

Ratio Decidendi

The court found that AB had suffered and was at further risk of significant emotional harm in the care of his grandmother due to her lack of insight, repeated breaches of agreements prohibiting unsupervised contact with Mother, and failure to engage with support services. The grandmother's inability to prioritise AB's welfare over her daughter's needs, combined with ongoing dishonesty and non-compliance, meant that the risks could not be managed in the home. The balance of harm and AB's best interests required that he remain in foster care under a care order, as no lesser order would suffice.

Court Disposition

Final care order granted for AB to remain in foster care.

Orders

  • Care order made in respect of AB.
  • Amended care plan for contact approved, including up to three hours' contact with Mother and careful consideration of sibling contact.