Birmingham City Council v FM & Ors [2025] EWFC 381 (B) (17 September 2025)

Birmingham City Council v FM & Ors [2025] EWFC 381 (B) (17 September 2025)

The court determined that, although the mother has made progress in addressing her mental health and alcohol issues, she has not completed essential work (notably with Families Together and relapse prevention), lacks sufficient insight, and there remain concerns about her honesty and stability. The children are settled and thriving with their aunt, and separation of siblings is not in their best interests. Therefore, a child arrangements order is made for the children to live with their aunt, with a spend time with order for the mother. The welfare of the children is the paramount consideration, and the current arrangement best serves their interests.

Citation
[2025] EWFC 381 (B)
Parties
Subject Children: NB, NW, NS, M, F (children); Respondent Parent: Mother; Father of Four Eldest Children: AW; Father of Youngest Child: FS; Applicant / Carer: NM (maternal aunt); Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
17 September 2025
Procedural Posture
Private Law Children Proceedings / Final Hearing and Judgment
Outcome
Child arrangements order: children to live with maternal aunt; spend time with order for mother; no public law orders made.
Legal Topics
Child Arrangements Order, Welfare of the Child, Parental Responsibility, Contact Arrangements, Section 9(7) Children Act 1989, Sibling Placement, Threshold Criteria, Domestic Abuse, Mental Health, Substance Misuse
Family Law Child Law Child Arrangements Order Welfare of the Child Parental Responsibility Contact Arrangements Section 9(7) Children Act 1989 Sibling Placement +4 more

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Parties

NB, NW, NS, M, F (children)

Subject Children

Mother

Respondent Parent

AW

Father of Four Eldest Children

FS

Father of Youngest Child

NM (maternal aunt)

Applicant / Carer

Local Authority

Applicant

Procedural Posture

Private Law Children Proceedings / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the children should remain living with their maternal aunt or be returned to the care of their mother
  2. 2 Whether a child arrangements order should be made in favour of the aunt
  3. 3 Whether to make a spend time with order for the mother

Ratio Decidendi

The court determined that, although the mother has made progress in addressing her mental health and alcohol issues, she has not completed essential work (notably with Families Together and relapse prevention), lacks sufficient insight, and there remain concerns about her honesty and stability. The children are settled and thriving with their aunt, and separation of siblings is not in their best interests. Therefore, a child arrangements order is made for the children to live with their aunt, with a spend time with order for the mother. The welfare of the children is the paramount consideration, and the current arrangement best serves their interests.

Court Disposition

Child arrangements order: children to live with maternal aunt; spend time with order for mother; no public law orders made.

Orders

  • Child arrangements order for all five children to live with the maternal aunt until further order.
  • Child arrangements (spend time with) order for the mother, with flexibility and provision for variation by agreement.