CA-2025-001564 - [2025] EWCA Civ 1368

The grandfather is now 62 and the grandmother 56. Much of the grandfather’s own childhood was spent in residential care, where he was sexually abused by adults for many years. He and the grandmother have been together since 1986 and, as stated, they have had three children of their own. The grandfather acts as carer for the grandmother, who has a number of health conditions that limit her parenting and supervisory abilities. Also resident in the home was the uncle, who is now aged 31.

The children’s parents came to the attention of the local authority in 2017, due to a history of domestic abuse, substance misuse by both parents, neglect, poor home conditions, and low nursery and school attendance. By 2021 a child protection plan had been put into place, but the parents did not fully engage. During the 2022 summer holiday, two of the children were found walking by a main road, unsupervised and improperly clothed. This was the catalyst for the move to the grandparents’ care on 30 July 2022. In September 2022, the parents signed a section 20 agreement with the local authority.

An initial viability assessment of the grandparents as long-term carers, completed on 25 October 2022, identified a number of strengths. They engaged well with the local authority and showed a good understanding of the past problems and the children’s future needs, including the need for parental contact to be carefully managed. The children had been doing well since their move. As against this, the forensic history of the grandfather and uncle was noted, alongside the grandmother’s reduced health, which meant that she was unable to care for the children independently. The assessor concluded that the children’s growing demands meant that they would require healthy carers and that further assessment was therefore not considered viable. The concern about health, however, was not pursued as a separate issue by the local authority in the subsequent proceedings, and by the time of the final hearing the grandparents had proved themselves equal to the tasks of practical parenting.

Those proceedings began on 8 December 2022. The local authority applied for interim care orders with a plan for placement in foster care, but on reflection it agreed that the children should remain with the grandparents pending further assessment. On 30 December 2022, the court made an interim child arrangements order and an interim supervision order which, in the event, continued for 2½ years.

In January 2023, the grandparents and the local authority entered into a Working Together Agreement. This required that the uncle was not to be left alone in the home with the children, but he could take them into the community. It did not prohibit the grandfather from undertaking the children’s personal care.

The court duly authorised a series of assessments, to which I will return. In April 2024, when these were negative from the grandparents’ point of view, the local authority again applied for an interim care order with a plan for removal, but again withdrew the application after the Children’s Guardian supported the children remaining in the home with constant supervision.

At that point, a second Working Together Agreement was made. This restricted the grandfather and the uncle from undertaking personal care of the children. There was no breach of that agreement.

By this time, the local authority had introduced a Family Support Worker who visited for several hours a day in the morning and afternoon/evening. Her report was extremely positive about the care being provided to the children and about adherence to safety planning, with the grandmother managing the children’s personal care well, and appropriate changes having been promptly made to sleeping arrangements in the crowded family home.

The local authority also put in support from Tracey Goddard, lead social worker for Harmful Sexual Behaviour, after concerns about R’s behaviour at school. Her involvement spanned the period between June 2024 and February 2025, when she reported that the grandparents and uncle had actively engaged in safety planning, had shown willingness to learn and take on board advice, and were keen to undertake any further work that was considered necessary.

The children’s parents had separated in September 2023 and neither put themselves forward to care for the children. The mother was unable to engage with the proceedings due to her substance misuse and poor mental health. By the time of the final hearing, she had not seen the children for more than a year. The father’s continued substance abuse meant that he was unable to care for the children, but he maintained contact with them and took part in the proceedings in support of his parents.