W v The London Borough of Brent & Ors

W v The London Borough of Brent & Ors

The removal of H from MA's care was wrongful as the Local Authority failed to follow the guidance in Re DE, did not notify the Guardian, and acted on chronic concerns that did not warrant urgent removal. The Special Guardianship Order in favour of MA was appropriate, and the judgment should be published naming the Local Authority for transparency and public interest.

Parties
Applicant: Ms W; 1st Respondent: The London Borough of Brent; 2nd Respondent: Mr W; 3rd Respondent: Ms N; 4th Respondent: H
Jurisdiction
England and Wales
Judgment Date
02 May 2026
Procedural Posture
Family / Final Judgment
Outcome
Special Guardianship Order granted to MA; Care Order discharged and replaced with Supervision Order; judgment published naming Local Authority; costs order against Local Authority for some of MA's legal costs.
Legal Topics
Special Guardianship Order, Care Order Discharge, Child Arrangements Order, Local Authority Duties, Kinship Placement, Transparency in Family Courts
Family Law Child Welfare Special Guardianship Order Care Order Discharge Child Arrangements Order Local Authority Duties Kinship Placement Transparency in Family Courts

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Parties

Ms W

Applicant

The London Borough of Brent

1st Respondent

Mr W

2nd Respondent

Ms N

3rd Respondent

H

4th Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether the removal of H from MA's care was lawful under the Children Act 1989 and relevant case law
  2. 2 Whether the Local Authority followed proper procedure and gave notice to all parties before removal
  3. 3 Whether the concerns raised by the Local Authority justified urgent removal

Ratio Decidendi

The removal of H from MA's care was wrongful as the Local Authority failed to follow the guidance in Re DE, did not notify the Guardian, and acted on chronic concerns that did not warrant urgent removal. The Special Guardianship Order in favour of MA was appropriate, and the judgment should be published naming the Local Authority for transparency and public interest.

Court Disposition

Special Guardianship Order granted to MA; Care Order discharged and replaced with Supervision Order; judgment published naming Local Authority; costs order against Local Authority for some of MA's legal costs.

Orders

  • Special Guardianship Order in favour of MA
  • Care Order discharged and replaced with Supervision Order