Kent County Council v M & Ors

Kent County Council v M & Ors

The risks stemming from M’s mental health, domestic abuse, and substance misuse are now very low. The risk from unresolved sibling conflict between G and D is outweighed by the emotional harm caused by leaving them in foster care while their brothers return home. M has made significant progress in parenting skills and will complete therapeutic parenting training. All children should be returned to M’s care over four months, with boys transitioning first, under a 12-month supervision order and s20 agreement during transition. Support must be provided in accordance with Miss Holland’s recommendations.

Parties
Applicant: Kent County Council; 1st Respondent: M; 3rd Respondent: T; 4th Respondent: R; 5th Respondent: G; 6th Respondent: D
Jurisdiction
England and Wales
Judgment Date
18 June 2025
Procedural Posture
Care Proceedings Under Children Act 1989 / Final Judgment After Four Day Trial
Outcome
All four children to be returned to the care of their mother over a four-month period, boys transitioning prior to girls, under a 12-month supervision order.
Legal Topics
Care Orders, Supervision Orders, Substance Misuse, Domestic Abuse, Sibling Relationships, Therapeutic Parenting, Welfare Checklist, Article 8 Rights
Family Law Child Protection Care Orders Supervision Orders Substance Misuse Domestic Abuse Sibling Relationships Therapeutic Parenting +2 more

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Parties

Kent County Council

Applicant

M

1st Respondent

T

3rd Respondent

R

4th Respondent

G

5th Respondent

D

6th Respondent

Procedural Posture

Care Proceedings Under Children Act 1989 / Final Judgment After Four Day Trial

Legal Issues

  1. 1 Whether all four children should be returned to the care of their mother or whether the girls should remain in foster care under a care order
  2. 2 Assessment of risks relating to substance misuse, mental health, domestic abuse, sibling conflict, and parental capacity
  3. 3 Evaluation of welfare checklist factors and proportionality under Article 8

Ratio Decidendi

The risks stemming from M’s mental health, domestic abuse, and substance misuse are now very low. The risk from unresolved sibling conflict between G and D is outweighed by the emotional harm caused by leaving them in foster care while their brothers return home. M has made significant progress in parenting skills and will complete therapeutic parenting training. All children should be returned to M’s care over four months, with boys transitioning first, under a 12-month supervision order and s20 agreement during transition. Support must be provided in accordance with Miss Holland’s recommendations.

Court Disposition

All four children to be returned to the care of their mother over a four-month period, boys transitioning prior to girls, under a 12-month supervision order.

Orders

  • Children to be accommodated by local authority under s20 agreement during transition.
  • Social worker and guardian to determine details of transition plan.