J (A Child), Re [2002] EWCA Civ 1346 (31 July 2002)

J (A Child), Re [2002] EWCA Civ 1346 (31 July 2002)

The appeal was allowed because the judge below did not give sufficient weight to the statutory checklist in section 10(9) Children Act 1989 and the grandmother's case was not presented with sufficient force; the proper approach is to focus on the statutory criteria, not to require a 'good arguable case' as a threshold.

Citation
[2002] EWCA Civ 1346
Parties
Appellant/maternal Grandmother: Mrs J; Respondent/local Authority: Pembrokeshire County Council
Jurisdiction
England and Wales
Judgment Date
31 July 2002
Procedural Posture
Appeal (family Law Children) / Appeal From Refusal of Party Status and Leave to Apply for Residence Order
Outcome
Appeal allowed
Legal Topics
Party Status in Care Proceedings, Leave to Apply for Residence Order, Grandparent Rights, Children Act 1989 Section 10(9), Article 6 and 8 ECHR
Family Law Child Law Party Status in Care Proceedings Leave to Apply for Residence Order Grandparent Rights Children Act 1989 Section 10(9) Article 6 and 8 ECHR

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Parties

Mrs J

Appellant/maternal Grandmother

Pembrokeshire County Council

Respondent/local Authority

Procedural Posture

Appeal (family Law Children) / Appeal From Refusal of Party Status and Leave to Apply for Residence Order

Legal Issues

  1. 1 Whether the maternal grandmother should be granted party status and leave to apply for a residence order in care proceedings concerning her grandchild
  2. 2 Proper application of Children Act 1989 section 10(9) criteria versus the 'good arguable case' test from Re M

Ratio Decidendi

The appeal was allowed because the judge below did not give sufficient weight to the statutory checklist in section 10(9) Children Act 1989 and the grandmother's case was not presented with sufficient force; the proper approach is to focus on the statutory criteria, not to require a 'good arguable case' as a threshold.

Court Disposition

Appeal allowed

Orders

  • Mrs J accorded party status
  • Mrs J granted leave to issue an application for a residence order