FD24P00634 - [2025] EWHC 900 (Fam)

As set out in A, B & C I must look at all these relevant factors in the round and make a holistic assessment of the position. I recognise the significance of this decision and the lifelong impact it will have on the potential for Y to be raised within his birth family. In my judgement however there are powerful factors in this case which point in one direction namely in favour of granting the applications and not requiring any further steps to be taken as regards Y’s father or X’s extended family in South Africa.

In the case of Y’s father, two strong factors are the fleeting nature of the relationship between him and X and the impact on X given the mental health difficulties she has experienced in the past. Realistically there is little which can be done to identify the father or the paternal family and what little is known about him does not suggest there is a realistic prospect that he would want to care for Y long term even if he could be identified. I am satisfied that X’s evidence is reliable and has been approached critically. She has gone to extreme lengths to conceal the pregnancy from her extended family and wider community and I accept that there would be serious consequences for her mental health if there were to be further delays in order to carry out what would likely be fruitless further investigations. Y currently has a loving home and has settled very well in his foster to adopt placement. Any further delay is clearly not in his best interests.

As to X’s extended family in South Africa, the relevant balancing exercise also comes down in favour of granting the application and not requiring further investigations. The family ties with X are not close ones and it is difficult to see how there is a realistic prospect of identifying anyone who can provide long term care for Y. The potential damage to X’s mental health and the impact on Y of what could be very substantial delays are also key factors.

In all the circumstances I am of the view that there are no further steps the local authority should be taking as regards notification either to the birth father or the paternal family or X’s extended family in South Africa and accordingly I grant the two applications under Part 19 and the inherent jurisdiction.