Al-Hilli (Children), Re (Summary of Judgment)

In care proceedings, the court must assess the child’s best interests by balancing the benefits and risks of the proposed placement under section 1 of the Children Act 1989. A significant risk of future harm does not necessarily preclude placement with family where protective measures can manage that risk. The court may authorise publication of a limited summary under section 97(4), including identification of the children, while preserving restrictions on further identifying details.

These care proceedings concerned two children whose parents and grandmother had been killed in shootings in France. The court considered whether they should remain in foster care or move to live with their maternal aunt, uncle and cousin. The central issues were the benefits of family placement, the risk of further harm, and the protective measures available to manage that risk.

1. The court assessed the proposed move by reference to the children’s best interests under section 1 of the Children Act 1989. It balanced the benefits of placement with their natural family against the risk of future harm.
2. The family placement offered substantial benefits. It reflected the children’s wishes, preserved family links, and offered continuity and support following their traumatic loss. The aunt and uncle had been carefully assessed and were found capable of caring for the children in difficult circumstances.
3. The risk that the perpetrator of the killings might attempt further harm remained. The risk was assessed as low in the existing placement but was likely to increase if the children moved into the community. That risk did not make the family placement unsuitable because continuing police protection, including armed protection for the time being, could be provided.
4. The court concluded that it was in the children’s best interests to live with their aunt, uncle and cousin. The local authority was directed, in consultation with the police and other agencies, to devise a care plan enabling the move as soon as possible.
5. Under section 97(4) of the Children Act 1989, the judge authorised publication of the short summary, including the children’s names. Restrictions on reporting further details of their circumstances and care arrangements remained in force.