T (Final order and DBS checks), Re [2015] EWFC B176 (14 September 2015)

T (Final order and DBS checks), Re [2015] EWFC B176 (14 September 2015)

There is no statutory bar to making a Special Guardianship Order in the absence of a completed DBS check, and in this case, the risk posed by proceeding without the check is outweighed by the harm to the child from further delay. The welfare of the child requires the order to be made immediately.

Source-derived case information.

Citation
[2015] EWFC B176
Parties
Mother: MR; Father: DL; Child: T; Half Brother/intervener/proposed Special Guardian: TO; Partner of To/proposed Special Guardian: MW; Local Authority: LB Havering; Child's Solicitor: Mr Munro
Jurisdiction
England and Wales
Judgment Date
14 September 2015
Procedural Posture
Care Proceedings / Special Guardianship Order Application / Final Hearing / Judgment
Outcome
Special Guardianship Order granted to TO and MW; application for adjournment refused.
Legal Topics
Special Guardianship Orders, Interim Care Orders, Welfare of the Child, DBS Checks, Threshold Criteria
Family Law Child Protection Special Guardianship Orders Interim Care Orders Welfare of the Child DBS Checks Threshold Criteria

Source-derived case record

Summary, issues, holding and outcome

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Parties

MR

Mother

DL

Father

T

Child

TO

Half Brother/intervener/proposed Special Guardian

MW

Partner of To/proposed Special Guardian

LB Havering

Local Authority

Mr Munro

Child's Solicitor

Procedural Posture

Care Proceedings / Special Guardianship Order Application / Final Hearing / Judgment

Legal Issues

  1. 1 Whether a Special Guardianship Order can be made in the absence of a completed DBS check for a proposed guardian
  2. 2 Whether delay in making the order is justified in the child's best interests

Ratio Decidendi

There is no statutory bar to making a Special Guardianship Order in the absence of a completed DBS check, and in this case, the risk posed by proceeding without the check is outweighed by the harm to the child from further delay. The welfare of the child requires the order to be made immediately.

Court Disposition

Special Guardianship Order granted to TO and MW; application for adjournment refused.

Orders

  • Special Guardianship Order made in favour of TO and MW
  • T to move to live with TO and MW immediately