The Local Authority v SB & Ors

The Local Authority v SB & Ors

RA shall remain with his paternal grandmother, MC, under a special guardianship order due to significant harm suffered and ongoing risk from his mother and stepfather, who lack insight and capacity to meet his emotional needs. FB shall return to her parents' care, as the risk of harm from remaining in foster care and isolation outweighs the risk posed by her parents, provided contact is supervised and an accurate narrative is maintained. Supervision of contact and provision of therapeutic support are essential to safeguard the children's welfare.

Parties
Applicant: The Local Authority; First Respondent: SB; Second Respondent: PB; Third Respondent: MC; Fourth and Fifth Respondents: The Children (RA and FB)
Jurisdiction
England and Wales
Judgment Date
22 January 2025
Procedural Posture
Care Proceedings / Final Judgment
Outcome
RA to remain with MC under special guardianship; FB to return to parents' care; no supervision order; supervised contact and transition plan ordered.
Legal Topics
Care Orders, Special Guardianship, Supervision Orders, Sibling Contact, Narrative for Children, Emotional Harm, Parental Insight, Therapeutic Needs
Family Law Child Protection Care Orders Special Guardianship Supervision Orders Sibling Contact Narrative for Children Emotional Harm +2 more

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Parties

The Local Authority

Applicant

SB

First Respondent

PB

Second Respondent

MC

Third Respondent

The Children (RA and FB)

Fourth and Fifth Respondents

Procedural Posture

Care Proceedings / Final Judgment

Legal Issues

  1. 1 Whether RA should remain with MC under a special guardianship order
  2. 2 Whether FB should return to her parents' care or remain in foster care
  3. 3 Assessment of parental capacity to meet children's emotional needs

Ratio Decidendi

RA shall remain with his paternal grandmother, MC, under a special guardianship order due to significant harm suffered and ongoing risk from his mother and stepfather, who lack insight and capacity to meet his emotional needs. FB shall return to her parents' care, as the risk of harm from remaining in foster care and isolation outweighs the risk posed by her parents, provided contact is supervised and an accurate narrative is maintained. Supervision of contact and provision of therapeutic support are essential to safeguard the children's welfare.

Court Disposition

RA to remain with MC under special guardianship; FB to return to parents' care; no supervision order; supervised contact and transition plan ordered.

Orders

  • Special guardianship order for MC and Mr C regarding RA
  • FB to return to parents' care with transition plan overseen by local authority