N (A Minor Child), Re [2015] EWFC B106 (31 July 2015)

N (A Minor Child), Re [2015] EWFC B106 (31 July 2015)

The court found that the risk posed by the father is low and can be managed by the grandparents, who now fully understand the commitment and requirements of a Special Guardianship Order. N has an established and positive relationship with his grandparents, and the evidence does not justify the more draconian step of a Placement Order and adoption. The SGO, supported by injunctions and a Supervision Order, is proportionate and in N's best interests.

Citation
[2015] EWFC B106
Parties
Subject Child: N; Mother: Mother of N; Father: Father of N; Applicants for SGO: Paternal Grandparents of N; Applicant for Placement Order: Local Authority; Children's Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
31 July 2015
Procedural Posture
Family Law Child Care and Placement / Final Hearing on Applications for Special Guardianship Order and Placement Order
Outcome
Special Guardianship Order granted in favour of the paternal grandparents; Placement Order refused; Care Order discharged; Supervision Order substituted; Injunction made against the parents regarding contact.
Legal Topics
Special Guardianship Order, Placement Order, Adoption, Child Welfare, Parental Risk, Contact Arrangements, Supervision Order
Family Law Child Protection Special Guardianship Order Placement Order Adoption Child Welfare Parental Risk Contact Arrangements +1 more

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Parties

N

Subject Child

Mother of N

Mother

Father of N

Father

Paternal Grandparents of N

Applicants for SGO

Local Authority

Applicant for Placement Order

Guardian

Children's Guardian

Procedural Posture

Family Law Child Care and Placement / Final Hearing on Applications for Special Guardianship Order and Placement Order

Legal Issues

  1. 1 Whether a Special Guardianship Order (SGO) in favour of the paternal grandparents or a Placement Order for adoption is in N's best interests
  2. 2 Whether the grandparents can provide sufficient protection from the risks posed by the parents, particularly the father
  3. 3 Whether the threshold for dispensing with parental consent to adoption is met

Ratio Decidendi

The court found that the risk posed by the father is low and can be managed by the grandparents, who now fully understand the commitment and requirements of a Special Guardianship Order. N has an established and positive relationship with his grandparents, and the evidence does not justify the more draconian step of a Placement Order and adoption. The SGO, supported by injunctions and a Supervision Order, is proportionate and in N's best interests.

Court Disposition

Special Guardianship Order granted in favour of the paternal grandparents; Placement Order refused; Care Order discharged; Supervision Order substituted; Injunction made against the parents regarding contact.

Orders

  • Special Guardianship Order in favour of the paternal grandparents
  • Injunction (Prohibited Steps Order) restricting parents' contact with N