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Family Law

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26 NOV 2013

SPECIAL GUARDIANSHIP ORDER: Surrey County Council v Al-Hilli and Others [2013] EWHC 3404 (Fam)

(Family Division, Baker J, 4 November 2013)

The two children were the only survivors of a gun attack in France in which their parents, maternal grandmother and a passing cyclist were killed. The children were initially placed with foster carers due to the nature of the police investigation but were subsequently moved to the home of their aunt and uncle and the judgment on that issue was published due to the public interest in the welfare of the girls.

The court now had to determine the legal basis of the girls' placement. All parties were in favour of a special guardianship order but in line with the authority of Re B-S, all options were considered as well as the welfare checklist and the judge concluded that a special guardianship order was, in fact, the right outcome in view of the fact that the girls needed to retain their family links and identity while also having a degree of permanence and security.


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