Care Proceedings and Parental Alienation: Safeguarding the Best Interests of the Child
Case Summary – Sandwell Children’s Trust v T and others [2025] EWFC 51 (B)
At PCB Solicitors, our priority is the welfare of children and ensuring their best interests are always at the forefront. A recent ruling in the Family Court, specifically in the case of Sandwell Children’s Trust v T and others [2025] EWFC 51 (B), exemplifies our dedication to this principle by underscoring the serious implications of parental alienation.
Case Overview
PCB Solicitors’ Head of Family, Ruth Harris, alongside Trainee Solicitor Hannah Webb, represented the father in complex private law children proceedings, ending up with care proceedings, involving a six-year-old child. The mother had repeatedly failed to make the child available to spend time with the father. Counsel Thomas Green from Halycon Chambers provided legal representation at the final hearing. The difficulties originated from the mother’s ongoing alienating behaviours towards the father. This antagonism had a profound effect on the child’s emotional health, prompting the court’s involvement.
Key Legal Findings
The court determined that the criteria for intervention under public law were evidently met due to the mother’s continuous negative portrayal of the father and unjustifiable limitations on contact. Furthermore, her emotional manipulation was recognised as causing substantial emotional distress to the child.
In October 2023, an interim Care Order was granted, placing the child in the father’s care. Despite this arrangement, the mother failed to adhere to recommendations for therapy intended to rectify her detrimental behaviours, instead persisting in undermining the child’s relationship with the father.
Court’s Decision and Reasoning
Given the mother’s entrenched alienating behaviours and the continuing risk of emotional harm to the child, the court concluded that a simple Supervision Order would not provide sufficient protection. Consequently, it deemed a full Care Order necessary and appropriate to manage and oversee the situation effectively.
The court highlighted the extraordinary nature of this case, particularly stressing the need for stringent oversight by the local authority to shield the child from further emotional harm and ongoing conflict.
The Final Outcome
Ultimately, the court issued a final Care Order, securing the child’s residence with the father under sustained supervision by the local authority, but not as a result of any concerns in relation to the father’s ability to care for the child. Notably, the mother’s contact with the child will remain supervised until she successfully completes the recommended therapeutic interventions. Additionally, injunctive orders were extended to prohibit harmful social media activities concerning the child.
Legal Framework
This case rested on significant legal precedents and statutory frameworks including:
– Children Act 1989: The fundamental legislation governing care proceedings.
– Re JW (Child at Home under Care Order) [2023] EWCA Civ 944: This clarifies the conditions under which a Care Order is warranted, even when the child stays with a parent.
– Re F (A Child) (Placement Orders: Proportionality) [2018] EWCA Civ 2761: This outlines the considerations of proportionality when establishing care orders.
Why this Matters
Parental alienation can be extremely harmful. This judgement illustrates the courts’ readiness to take firm actions to safeguard children’s emotional welfare, affirming that persistent alienation constitutes significant emotional damage that necessitates intervention.
At PCB Solicitors, we remain unwavering in our commitment to ensuring children’s welfare through strong and compassionate representation. If you find yourself dealing with similar issues, our experienced family law team is prepared to assist you.
For assistance, please reach out to us at 01743 248148, via email, or through our contact page.
For further research, the full judgement is available here.