O & Anor v Orkney Island Council

O & Anor v Orkney Island Council

The duty to prepare the SGO report under Section 14A(8) of the Children Act 1989 lies with Cambridgeshire County Council, as ‘I’ is now habitually resident in England and Orkney Island Council is not subject to the jurisdiction of the English court. The court cannot make an SGO without the required report. The court directed Cambridgeshire County Council to prepare the report under Section 14A(9).

Parties
Joint Applicants: Mr. and Mrs. ‘O’; 1st Respondent: ‘L’; 2nd Respondent: ‘I’; 3rd Respondent: Orkney Island Council; Local Authority: Cambridgeshire County Council
Jurisdiction
England and Wales
Judgment Date
07 December 2009
Procedural Posture
Family / Judgment
Outcome
Application adjourned; direction issued for SGO report preparation by Cambridgeshire County Council; judgment referred to government authorities for policy consideration.
Legal Topics
Special Guardianship Order, Local Authority Responsibility, Foster Care, Jurisdiction
Family Law Child Welfare Special Guardianship Order Local Authority Responsibility Foster Care Jurisdiction

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Parties

Mr. and Mrs. ‘O’

Joint Applicants

‘L’

1st Respondent

‘I’

2nd Respondent

Orkney Island Council

3rd Respondent

Cambridgeshire County Council

Local Authority

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Which local authority is responsible for preparing the Special Guardianship Order (SGO) report under Section 14A of the Children Act 1989?
  2. 2 Which local authority is responsible for financial and support obligations to the foster carers of ‘I’?
  3. 3 Does the removal of the supervision requirement by Orkney Island Council terminate their obligations?

Ratio Decidendi

The duty to prepare the SGO report under Section 14A(8) of the Children Act 1989 lies with Cambridgeshire County Council, as ‘I’ is now habitually resident in England and Orkney Island Council is not subject to the jurisdiction of the English court. The court cannot make an SGO without the required report. The court directed Cambridgeshire County Council to prepare the report under Section 14A(9).

Court Disposition

Application adjourned; direction issued for SGO report preparation by Cambridgeshire County Council; judgment referred to government authorities for policy consideration.

Orders

  • Cambridgeshire County Council to prepare and provide the SGO report as required by Section 14A(9) of the Children Act 1989.
  • Judgment to be sent to the Secretary of State at the Department of Children and Families and the Secretary of State for Scotland for onward transmission to the relevant Minister at the Scottish Government.