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2nd Mar 2026 | Cases
On 29 October 2025, Her Honour Judge Downey handed down judgment in Re H [2025] EWFC 485, following the grant of a Special Guardianship Order to H’s maternal aunt by agreement on 23 September 2025. Eleanor Howard, instructed by Woodfines Solicitors, appeared on behalf of H through his Children’s Guardian.
The judgment focused not on the making of the Special Guardianship Order, but on the earlier removal of H (aged 6) from his aunt’s care under a final Care Order. The Court concluded that the removal by the London Borough of Brent was wrongful and contrary to the principles set out by Baker J in Re DE (Child under Care Order: Injunction under Human Rights Act 1998) [2014]. The Local Authority had failed to give proper notice to parties and acted on chronic concerns that did not justify urgent or peremptory removal.
The Court emphasised the duties incumbent on local authorities when considering removal from kinship placements and examined the principles governing publication and anonymisation. Applying the open justice principle and relevant guidance, the Court held that publication was in the public interest. The Local Authority was named to ensure accountability and systemic reform, but individual professionals were not identified, as the failures were found to be systemic rather than personal.
To read Eleanor’s case note in full please click here.