[2025] EWHC 508 (Fam)

The grandparents have been fully committed to caring for the children. They have consistently and fully engaged with the social workers, the two assessments of them and with the children’s guardian. They were undeterred by the initial negative viability assessment of them and, as late events have demonstrated, they rightly and reasonably challenged that first assessment of them. They have readily left their home to stay for extensive periods of time in this country to meet and build a warm and loving relationship with the children.

The evidence overwhelmingly demonstrated that after a hesitant start, which was to be expected and was wholly understandable, the children have developed a close, loving, and warm relationship with the grandparents. It has become increasingly clear that the children have built a trusting relationship with the grandparents which, given their previous life experiences and traumas, is remarkable and very much to be welcomed. It bodes well for their future lives in their grandparent’s care.

The comprehensive assessment report of the independent social worker, Ms Snow, is very positive about the ability of these grandparents to meet the needs of these children and to provide them with love, nurture and protection throughout their childhoods with the close support of the wider paternal family in Country E.

The grandparents are committed to maintaining the children’s knowledge of and contact with the members of the maternal family who live in this country.

Given the children’s past experiences and trauma they will need ongoing therapy and support. I am satisfied that these support services have been provided for by the local authority in a considered and thorough Special Guardianship Support Plan.

When determining the welfare outcome for the children and, in particular, whether to make a special guardianship order in favour of the grandparents, I have had well in mind the recommendations and Best Practice Guidance set out in the President’s Public Law Working Group’s Special Guardianship Order Report of June 2020.

One consequence of making a special guardianship order in favour of the grandparents is that it will enable them to submit citizenship applications in respect of the children to Country E. It has been indicated that the relevant government department would process these applications as a matter of priority which would take about three months. The advice received to date is that it would be advisable to await the outcome of the citizenship applications before the grandparents attempted to return to Country E with the children using their UK passports and entering the country on visitor’s visas. Final clarification of this issue is being sought via the officers of the High Commissioner.

If the children have to await the outcome of the citizenship application before travelling with their grandparents, the grandparents are committed to stay here with the children pending the determination and the local authority have committed to providing the grandparents with accommodation and financial support.

On the totality of the evidence, I am satisfied that it is in the welfare best interests of the children to make a special guardianship order in favour of their grandparents. None of the other theoretical options, adoption, long term foster care or a placement with the maternal family are even remotely in the interests of these children. I am also satisfied that it is necessary to make those orders for A and B now because it would be wholly inimicable to the welfare best interests of them to delay any further the process of the grandparents submitting citizenship applications for them.

I should note that both children were known by their mother’s last name of X. It was agreed that I should approve a change of surname for both children to C, their grandparents’ family name.

Throughout 2023 and 2024 the Government of Country E generously assisted the court by answering questions about the children obtaining citizenship and being permitted to live with the paternal grandparents in their home country. It kindly responded to written questions, filed position statements and/or attended court hearings by the High Commissioner, leading counsel and/or solicitors.

I wish to express my gratitude to the children’s services department of this local authority and to the allocated social workers for the dedication and commitment shown to achieving a positive and beneficial family placement for the children. I also wish to extend my gratitude for the hard work and dedication to the children’s guardian, to counsel, and to the parties’ respective legal teams.