Reported Case
Care Orders Granted for Three Siblings Following Cafcass Instruction (23 March 2026)
Date: 23/03/2026
Kathy Walker, Child Care Director at Duncan Lewis Solicitors, represented the children in the reported Family Court decision of London Borough of Sutton v A Mother & Ors [2025] EWFC 303 (B), having been instructed by the Cafcass Children’s Guardian. The case concerned applications for Care Orders in respect of three siblings, aged 10, 9 and 6, arising from serious and longstanding safeguarding concerns.
Background
The proceedings were brought by London Borough of Sutton, which sought Care Orders on the basis that the children had suffered, and were at continuing risk of suffering, significant harm. Concerns included parental substance misuse, domestic abuse, chronic neglect, poor home conditions, disrupted education and exposure to criminal and anti-social behaviour.
Interim Care Orders were made shortly after the issue of proceedings, and the children were placed with foster carers while assessments were undertaken. The children’s paternal uncle and aunt were joined as intervenors and put themselves forward as prospective special guardians.
The parents’ and intervenors’ positions
Both parents were legally represented. The mother accepted that she was not currently able to care for the children but sought further assessment of the paternal uncle and aunt as potential carers. The father supported a family placement and applied for further assessment, whilst acknowledging that he had not yet completed the long-term work identified as necessary to address safeguarding concerns.
The intervenors challenged the local authority’s negative assessment of them, relying on a written letter and oral evidence to assert that they could meet the children’s needs and provide a safe family placement.
The Children’s Guardian’s position
The Children’s Guardian supported the local authority’s care plan, recommending that the children remain in the care of the local authority in order to secure stable, long-term placements capable of meeting their complex therapeutic and emotional needs. Concerns were raised about the risks associated with placement within the wider family and the potential for further disruption and harm.
The Court’s analysis
The Court found that the statutory threshold under section 31 of the Children Act 1989 was plainly met, accepting unchallenged evidence of neglect, domestic abuse and instability over a sustained period.
In considering welfare and proportionality, the Court carefully weighed the importance of maintaining family life against the children’s need for safety, stability and emotional recovery. While recognising the potential benefits of a family placement, the Court identified significant risks associated with placement with the intervenors, including accommodation constraints, household complexity, proximity to the parents and concerns about the intervenors’ ability to meet the children’s therapeutic needs.
The Court refused applications for further assessment, finding that additional delay would be contrary to the children’s welfare and unlikely to lead to a different outcome.
The Court’s decision
The Court concluded that Care Orders were necessary and proportionate in order to safeguard the children and promote their long-term welfare. Care Orders were therefore made in respect of all three children, with responsibility placed on the local authority to progress appropriate long-term placements in accordance with the approved care plan.
Kathy Walker’s role
Kathy Walker was instructed by the Children’s Guardian to act on behalf of the children, ensuring that their welfare, voices and best interests remained at the centre of the proceedings. The Guardian’s recommendations were accepted by the Court, reflecting the importance of robust, child-focused representation in complex public law cases involving competing family options and serious safeguarding concerns.
About Kathy Walker
Kathy Walker is a Director at Duncan Lewis Solicitors and a highly respected specialist in public law children matters, with over 20 years’ experience in complex and sensitive care proceedings. A longstanding member of the Law Society Children’s Panel, Kathy is recognised for her child-focused and empathetic approach, and for her expertise in some of the most challenging cases involving serious medical, welfare and safeguarding issues.
If you require specialist support from our Family & Child Care team, please contact Kathy Walker via email at kathyw@duncanlewis.com or via telephone on 02031190513.