A Local Authority v A Mother & Ors

A Local Authority v A Mother & Ors

J's welfare requires her placement with her paternal great uncle, CC, under a special guardianship order, as the risks posed by her mother—including lack of transparency, unresolved issues regarding radicalisation, and vulnerability—remain significant and cannot be safely managed. Placement with CC is a proportionate interference with Article 8 rights and provides stability, safety, and continuity for J.

Parties
Applicant: A Local Authority; First Respondent: A Mother; Second Respondent: A Father; Third Respondent (paternal Grandmother): BB; Fourth Respondent (paternal Great Uncle): CC; Child (by Guardian): J (by her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
18 December 2020
Procedural Posture
Care Proceedings / Final Judgment
Outcome
Special guardianship order made in favour of CC with a 12-month supervision order; contact between J and her mother to occur every three weeks, supervised by the paternal family.
Legal Topics
Special Guardianship Order, Supervision Order, Welfare of the Child, Radicalisation, Parental Responsibility, Contact Arrangements
Family Law Child Protection Special Guardianship Order Supervision Order Welfare of the Child Radicalisation Parental Responsibility Contact Arrangements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A Local Authority

Applicant

A Mother

First Respondent

A Father

Second Respondent

BB

Third Respondent (paternal Grandmother)

CC

Fourth Respondent (paternal Great Uncle)

J (by her Children’s Guardian)

Child (by Guardian)

Procedural Posture

Care Proceedings / Final Judgment

Legal Issues

  1. 1 Whether J should be placed with her mother or with her paternal great uncle under a special guardianship order
  2. 2 Whether the risks identified in 2018 regarding the mother's radicalisation and lack of transparency have been sufficiently ameliorated
  3. 3 Appropriate contact arrangements between J and her mother

Ratio Decidendi

J's welfare requires her placement with her paternal great uncle, CC, under a special guardianship order, as the risks posed by her mother—including lack of transparency, unresolved issues regarding radicalisation, and vulnerability—remain significant and cannot be safely managed. Placement with CC is a proportionate interference with Article 8 rights and provides stability, safety, and continuity for J.

Court Disposition

Special guardianship order made in favour of CC with a 12-month supervision order; contact between J and her mother to occur every three weeks, supervised by the paternal family.

Orders

  • Special guardianship order placing J with CC
  • 12-month supervision order