FD 24 P 00524 - [2025] EWHC 1030 (Fam)

This is not a welfare enquiry and I have only limited information about DC.

RS has significant behavioural issues and sensory issues. He is awaiting an EHCP (Education and Health Care Plan) and, I am told, is being assessed for autism. He attends school for a limited period which was 9am – 11am and is now 8.45am to 1pm. Some days he attends without issue and others he does not. He has one to one support.

I have his Irish school reports for academic years 2022/2023 and 2023/2024. Both years postdate separation and, of course, predate the removal. In Ireland he had two support staff for one-to-one support. The report for 2022/2023 is very positive:

The report for 2023/2024 is also good but caveated:

I have his support plan which started in October 2023. It outlines concerns with attention difficulties, maintenance of focus and concentration, struggles with listening and communicating and speech. The support review record in June 2024 outlines good progress.

The English school records are somewhat less encouraging. I have one page of an SEN report which explains that DC can be rude to adults albeit that this has improved. He is described as being quiet and withdrawn. When he is upset he sits under coats at the back of the class. When he first started at the school he tried to run away regularly. For some reason I only have one page of this document which appears to be a draft. I also have a letter dated 2 April 2025 from the school to M’s solicitor. It explains he was admitted on 13 November 2024 and that initially he only attended for 1 hour due to the high levels of support needed. The letter explains that DC has trouble regulating his behaviour and when upset can use rude and racial language. The school notes his strong bond with M, including bringing her dressing gown into school, and with RC. The letter indicates that DC’s behaviour is worse on Mondays and suggests that this is caused by contact with his father on Sundays. I pause to remind myself that F has produced records which demonstrate that he communicates with DC on other days as well. When reminded not to use racial or other slurs, DC says F uses them. The letter says that since attending DC has accessed high needs funding and has been assessed by an educational psychologist. Once the school has that report they intend to submit an EHCP to secure more permanent funding. The school comments that M has been supportive and appropriate in her parenting.

Within Ms Demery’s report I am given some cursory information about the family’s involvement with Children’s Services. This is largely the narrative of the removal and M’s reasons for it. I also have some further information from Ms Demery about school. She reports that she has been told the reduced timetable was made initially because of DC’s violent and aggressive outbursts. The school is very positive about M and her engagement and commitment. She reports that the school say DC is clean and tidy. However, he has struggled to make friends and his aggression has acted as a barrier to making friends. The school also reported that DC gave up trying after being told F was coming to collect him on 21 March 2025.

Ms Demery also spoke to the family social worker and YMCA support worker.

In addition, I have a Single Assessment made by the local authority and the Record of Outcome of s47 Enquiries. These add very little as they merely report what M has told the local authority.

So what do I know? I know that DC is a very troubled little boy, with very specific needs, whose troubles appear to have become exacerbated since leaving Ireland. The questions of whether in fact the troubles have been exacerbated and why they have been exacerbated do not need to be addressed by me. I remind myself again that my task is not to consider DC’s best interests but merely whether or not M has raised a sustainable defence to this application.