Z v Kent County Council (Revocation of placement order - Failure to assess Mother's capacity and Grandparents) [2018] EWFC B65 (18 October 2018)

Z v Kent County Council (Revocation of placement order - Failure to assess Mother's capacity and Grandparents) [2018] EWFC B65 (18 October 2018)

The court found that the 2017 proceedings were procedurally defective due to failure to assess Y’s capacity and failure to involve maternal grandparents, breaching statutory and human rights duties. However, considering X’s welfare as paramount, the court concluded that X should remain with Q and R under Special Guardianship Orders, as further change would be detrimental to him, despite the unfairness to Mr and Mrs Z.

Citation
[2018] EWFC B65
Parties
Mother: Y; Child: X; Current Carers/prospective Adopters: Q and R; Maternal Grandparents/applicants: Mr and Mrs Z; Guardian: Children’s Guardian; Applicant/respondent: Local Authority
Jurisdiction
England and Wales
Judgment Date
18 October 2018
Procedural Posture
Family Law Care and Placement Order, Special Guardianship Application / Final Judgment
Outcome
Special Guardianship Orders granted to Q and R; placement order not revoked; Family Assistance Order and Child Arrangements Order made to support contact with maternal family.
Legal Topics
Capacity to Litigate, Consent to Placement Order, Special Guardianship, Revocation of Placement Order, Family Group Conference, Article 6 and 8 ECHR, Assessment of Family Members
Family Law Child Protection Human Rights Capacity to Litigate Consent to Placement Order Special Guardianship Revocation of Placement Order Family Group Conference +2 more

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Parties

Y

Mother

X

Child

Q and R

Current Carers/prospective Adopters

Mr and Mrs Z

Maternal Grandparents/applicants

Children’s Guardian

Guardian

Local Authority

Applicant/respondent

Procedural Posture

Family Law Care and Placement Order, Special Guardianship Application / Final Judgment

Legal Issues

  1. 1 Whether the 2017 care and placement orders were procedurally defective due to failure to assess mother's capacity and failure to involve maternal grandparents
  2. 2 Whether the placement order should be revoked and Special Guardianship Orders granted to maternal grandparents or current carers
  3. 3 Whether the Local Authority breached statutory and human rights duties in failing to assess family and capacity

Ratio Decidendi

The court found that the 2017 proceedings were procedurally defective due to failure to assess Y’s capacity and failure to involve maternal grandparents, breaching statutory and human rights duties. However, considering X’s welfare as paramount, the court concluded that X should remain with Q and R under Special Guardianship Orders, as further change would be detrimental to him, despite the unfairness to Mr and Mrs Z.

Court Disposition

Special Guardianship Orders granted to Q and R; placement order not revoked; Family Assistance Order and Child Arrangements Order made to support contact with maternal family.

Orders

  • Special Guardianship Orders granted to Q and R for X
  • Family Assistance Order made