WZ (Placement with Grandparents)
| Court | Family Court |
| Judge | His Honour Judge Middleton Roy |
| Neutral Citation | [2024] EWFC 357 (B) |
| Date | 27 August 2024 |
| Year | 2024 |
| Counsel | Ms Williams,Mr Roscoe,Ms Baruah,Mr Kerr,Ms Choudhury |
This judgment was delivered in private. The Judge has given leave for this judgment to be
published. The anonymity of the children and members of their family must be strictly
preserved. All persons, including representatives of the media, must ensure that this condition
is strictly complied with. Failure to do so will be a contempt of Court.
IN THE FAMILY COURT
WZ (Placement with Grandparents)
Neutral Citation Number: [2024] EWFC 357 (B)
27 August 2024
Before His Honour Judge Middleton-Roy
Between:
The Local Authority Applicant
-and –
The Mother First Respondent
The Father Second Respondent
The Children ‘W’ and ‘Z’
through their Guardian Third and Fourth Respondents
The Paternal Grandparents Fifth and Sixth Respondents
Ms Williams, Counsel for the Applicant
Mr Roscoe, Counsel for the First Respondent
Ms Baruah, Counsel for the Second Respondent
Mr Kerr, Counsel for the Third and Fourth Respondents
Ms Choudhury, Counsel for the Fifth and Six Respondents
APPROVED JUDGMENT
This judgment was handed down remotely at 15:30 on 27 August 2024 by circulation to the
parties’ representatives by email.
Crown Copyright ©
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His Honour Judge Middleton-Roy:
Anonymity
1. In line with the Practice Guidance of the President of the Family Division issued in December
2018 and June 2024, the names of the children and the adult parties in this judgment have
been anonymised, having regard to the implications for the children of placing personal details
and information in the public domain. Further, the Local Authority has not been named.
Whilst the identity of the arm of the State bringing the application is generally in the public
interest, the Court determines on the specific facts of this case that identity of the Local
Authority is more likely in turn to lead to the identification of the children. The anonymity of
the children and members of their family must be strictly preserved. All persons, including
representatives of the media, must ensure that this condition is strictly complied with. Failure
to do so will be a contempt of Court and may result in a sentence of imprisonment.
The Application and background
2. The children with whom this Court is concerned are of dual European and African heritage.
The oldest child is under 5 years old. They will be referred to in this judgment as ‘W’. The
youngest child, who is under 3 years old, will be referred to as ‘Z’. The children are living in
interim Local Authority foster care presently under an Interim Care Order made in October
2022.
3. The primary applications before the Court are the Local Authority’s applications for a Care
Order and a Placement Order with the care plan that both children are adopted. The Local
Authority’s applications are made against a background of concerns of neglect, physical and
emotional harm of the children arising from domestic abuse between the parents, parental
substance misuse, alcohol misuse and poor parental mental health. The family has been known
to the Local Authority since October 2020, after the birth of the first child, following a police
referral around domestic abuse. The Local Authority received several high-risk referrals from
partnership agencies (NSPCC, police, Families First, and health visiting services) regarding
increasing incidents of severe physical domestic abuse between the parents witnessed in the
period from January 2022 to August 2022. The parents and the children were at all times
living in the home of the Paternal Grandparents. The parents have been the subject of Local
Authority intervention, which has included ‘early help’ through the local family centre, a
package of individual domestic abuse intervention, intensive parenting support and a Child
and Family Assessment. The Health Visitor raised concerns in respect of poor home
conditions, the absence of a safe place to sleep for ‘Z’ and a lack of parental engagement. The
mother was observed by the Social Worker to have bruising to her neck. The Social Worker
was refused entry into the family home when an unannounced visit was attempted in July
2022. The precipitating event took place on 15 July 2022 when the police received four
separate calls of domestic abuse incidents in the family home. The father was noted by the
police to have two lacerations on his lip, leading to the arrest of the mother. The home
conditions were described by the police to be “messy, dirty and not in a fit state to house
children.” The children were removed from the home by the police exercising powers of
protection and placed in Local Authority foster care. A further police referral was received
following a domestic abuse incident on 5 August 2022 when it was reported that the father
punched the mother in the eye. The children remained in Local Authority foster care under a
section 20 voluntary arrangements until the Local Authority issued its application on 2
September 2022, leading to Interim Care Orders being made by the Court for both children on
21 September 2022.
4. The disputed issue for the Court to resolve is whether the children should be removed from
their birth family permanently, without the consent of their parents or whether the children
should remain within their birth family, living in the care of their Paternal Grandparents.
5. The mother does not seek the return of the children to her care. The mother’s position until the
first day of this Final Hearing had been that she did not oppose the Local Authority’s
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applications for Care and Placement Orders and she did not oppose the care plan of adoption.
The mother had opposed the children moving to the care of the Paternal Grandparents. On the
first day of the Final Hearing the Court was informed that the mother’s position had changed
significantly. The mother now opposes the Local Authority’s applications. She now supports
the children moving to live with their Paternal Grandparents. The mother maintains the
position she has held since August 2023, that does not seek the return of the children to her
care, recognising she is not in a position to care for them safely.
6. The father does not seek the return of the children to his care. He too recognises he is not in a
position to care for the children safely. He opposes the Local Authority’s applications for Care
and Placement Orders. He supports the children moving to live with his parents, either under a
Special Guardianship Order, a Care Order or a Child Arrangements Order with a Supervision
Order.
7. The Paternal Grandparents are parties to the proceedings. They oppose the Local Authority’s
applications and final care plan. They seek an Order endorsing the children moving to their
care, either under a Special Guardianship Order or under any other legal framework.
8. The children are parties to the case through their Children's Guardian. The Guardian supports
the Local Authority’s applications for Care and Placement Orders for both children. The
Guardian supports the Local Authority’s care plan of adoption.
9. This case has a lengthy and exceptional litigation history. The case is approaching its second
general principle that delay in determining any question with respect to the upbringing of a
child is likely to prejudice the welfare of that child. Prompt determination of care proceedings
Act requires the Court, as a matter of law, to draw up a timetable with a view to determining
defines, subject only to the qualification in section 32(5) and compliance with the
extent to which the 26-week period can be extended is strictly circumscribed by reference to
the child’s welfare and the impact on the duration and conduct of the proceedings. Pursuant to
extension necessary to enable the Court to resolve the proceedings justly. On the specific facts
of this case, extensions to the statutory time limit were necessary in the interests of the
children, striking a balance between the need for further information and the presumptive
prejudice to the children of delay as enshrined in s.1(2) of the Act. In considering the justice
of this case, the legal requirement in s.1(2) to have regard to the prejudicial effect on the
children of delay weighed heavily in the balance. However, in the specific circumstances of
this case, extensions were exceptionally required with specific justification, in the best
interests of both children.
10. The Local Authority began these proceedings on 21 September 2022 with concerns about the
children suffering significant harm in the form of emotional harm, physical harm and neglect
arising from parental domestic abuse, poor home conditions, concerns about the mother’s
unmet mental health needs, parental substance misuse and alcohol misuse and the parents’
lack of engagement with professionals. On 15 July 2022, the children were removed to a
temporary Local Authority foster care placement by police exercising powers of police
protection.
11. On 12 October 2024, the Court made an Interim Care Order in respect of both children.
Notwithstanding his entitlement to free, independent specialist legal advice, the father
attended that hearing as a litigant in person. All other parties were legally represented. At a
Case Management Hearing on 31 October 2022, at which the father was legally represented,
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