A Local Authority v A Mother & Ors (Radicalisation Welfare)

A Local Authority v A Mother & Ors (Radicalisation Welfare)

J's welfare requires placement with her paternal grandmother under a special guardianship order, supported by a twelve month supervision order and reduced contact with her mother, due to ongoing risk from the mother's extremist beliefs, lack of candour, and inability to act protectively. The placement is a proportionate interference with Article 8 and Article 9 rights, ensuring J's safety and stability within her birth family.

Parties
Applicant: A Local Authority; First Respondent: A Mother; Second Respondent: A Father; Third Respondent: J (A Child); Interested Party: Paternal Grandmother; Interested Party: Local Authority B
Jurisdiction
England and Wales
Judgment Date
22 June 2018
Procedural Posture
Child Welfare Proceedings / Final Judgment
Outcome
Special guardianship order granted in favour of paternal grandmother; twelve month supervision order made; child arrangements order for monthly supervised contact with mother; no order for father's contact at this stage.
Legal Topics
Special Guardianship, Supervision Order, Child Arrangements, Religious Upbringing, Parental Responsibility, Radicalisation, Article 8 ECHR, Article 9 ECHR
Family Law Child Protection Human Rights Special Guardianship Supervision Order Child Arrangements Religious Upbringing Parental Responsibility +3 more

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Parties

A Local Authority

Applicant

A Mother

First Respondent

A Father

Second Respondent

J (A Child)

Third Respondent

Paternal Grandmother

Interested Party

Local Authority B

Interested Party

Procedural Posture

Child Welfare Proceedings / Final Judgment

Legal Issues

  1. 1 Whether J should be placed with her mother or paternal grandmother
  2. 2 Appropriate framework of orders to promote J's welfare
  3. 3 Impact of parental radicalisation on child welfare

Ratio Decidendi

J's welfare requires placement with her paternal grandmother under a special guardianship order, supported by a twelve month supervision order and reduced contact with her mother, due to ongoing risk from the mother's extremist beliefs, lack of candour, and inability to act protectively. The placement is a proportionate interference with Article 8 and Article 9 rights, ensuring J's safety and stability within her birth family.

Court Disposition

Special guardianship order granted in favour of paternal grandmother; twelve month supervision order made; child arrangements order for monthly supervised contact with mother; no order for father's contact at this stage.

Orders

  • Special guardianship order placing J with paternal grandmother
  • Twelve month supervision order designating Local Authority A