What makes a Parent: Re AZ (A Child) (Special Guardianship Order)

This case concerned a child aged 6, ‘AZ’, in care proceedings. AZ had two maternal half siblings, E and C, and at the time proceedings were initiated, lived with his mother and Mr D - C’s father and AZ’s stepfather. Prior to this, AZ had been subject to care proceedings in 2020. During these proceedings, AZ was placed in the care of Mr and Mrs B for a period of 26 months, before being rehabilitated into his mother’s care in May 2022.

The proceedings were initiated as discharge of the care order in respect of AZ. However, there were escalating concerns about the mother’s consistency as a carer and her emotional stability. On 31st December 2024, the mother left the family home and did not return. This led to concerns about the children remaining in Mr D’s sole care and interim care orders were made in respect of AZ and C in January 2025 - Mr D underwent a fostering assessment in respect of AZ, who is not his biological child. At the time, Mr and Mrs B, who were unrepresented in the proceedings, put themselves forward as alternative carers for AZ. The B’s had been offering support by looking after AZ on alternative weekends since Christmas 2024, and AZ had reported behavioural, educational and emotional difficulties, attributed to the disruption he had faced in his early life.

At the final hearing, an SGO was made in favour of the Bs in respect of AZ. The Guardian noted that the Bs should be viewed as parents in the proceedings and the judgement clearly noted the close father-son relationship with AZ and Mr D. The judgement focussed on the relationship and the support that could be offered by the Bs, noting AZ had previously stated he wished he could live with them forever. It shows a clear weight being placed on the relationship that a child has with a carer, regardless of biological connection. The judge likened the case to two sets of parents and noted the positive enduring relationship between the Bs, Mr D and the mother throughout the hearing.

This case is a unique demonstration of the vital role that adults, not just parents, play in a child’s life and development. Whatever connection a carer has to the parent, for whatever period, it is essential that a child has a safe and nurturing environment. The role that Mr and Mrs B played for AZ, not just while he was in their care, but when he was rehabilitated into his mother’s care and later reprising their roles as his full-time carers, shows a continued and consistent approach is needed for such vulnerable children and how oversight and support is necessary. A parent is not a parent by biology, but through the role they play in ensuring a child’s welfare.

The full judgement can be found here: https://www.bailii.org/ew/cases/EWFC/OJ/2025/474.html

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