BGE & Anor, R (on the application of) v Birmingham Children’s Trust

BGE & Anor, R (on the application of) v Birmingham Children’s Trust

Permission for judicial review is refused because the matters raised are properly for the Family Court, alternative remedies exist, and there is no arguable case of disproportionate interference with Article 8 rights.

Parties
Claimant: BGE; Claimant: BDB; Defendant: Birmingham Children’s Trust
Jurisdiction
England and Wales
Judgment Date
15 January 2026
Procedural Posture
Judicial Review / Renewal Application (oral Hearing)
Outcome
Permission refused; application dismissed.
Legal Topics
Care Orders, Contact With Children, Judicial Review, Alternative Remedies, Article 8 ECHR
Family Law Administrative Law Human Rights Care Orders Contact With Children Judicial Review Alternative Remedies Article 8 ECHR

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Parties

BGE

Claimant

BDB

Claimant

Birmingham Children’s Trust

Defendant

Procedural Posture

Judicial Review / Renewal Application (oral Hearing)

Legal Issues

  1. 1 Whether the Local Authority lawfully suspended contact under section 34(4) Children Act 1989
  2. 2 Whether placement decisions breached Article 8 rights
  3. 3 Whether failure to consider representations and disclosure breached procedural fairness

Ratio Decidendi

Permission for judicial review is refused because the matters raised are properly for the Family Court, alternative remedies exist, and there is no arguable case of disproportionate interference with Article 8 rights.

Court Disposition

Permission refused; application dismissed.

Orders

  • Claimants to pay £1,000 towards defendant’s costs within 28 days.