Legal Update: Court Report - Care orders after child's ‘sneaky visits'

The case concerned the application by a local authority for care orders in relation to two children: J (aged nine) and MM (aged three). In November 2011, the children were removed from the care of their parents, after a fact-finding hearing found that the parents had been “reckless and incompetent” in managing J’s asthma and that he had suffered harm as a result. In July 2012, the children were placed into the care of their grandparents. A special guardianship order was subsequently made for the children to remain in the long-term care of their grandparents, with defined contact with parents regulated and monitored by them.

On 1 May 2013, the local authority learned from J’s school that she had told her teachers about “sneaky visits” to her parents’ home, which included weekend stays. An investigation was carried out by the local authority which confirmed that these visits had taken place. The local authority reviewed the children’s care plan, and now sought the removal of the children from the grandparents’ home into a foster placement for both children.

The court approved the local authority’s care plans. While acknowledging that
this is a “sad outcome”, Jackson J found that continued long-term placement of the children with the grandparents would not be a sustainable way to meet their needs, as the grandparents prioritised family loyalties over the best interests
of the children.