Gloucestershire County Council v M & Ors [2016] EWFC B77 (02 October 2016)

Gloucestershire County Council v M & Ors [2016] EWFC B77 (02 October 2016)

The court determined that G's welfare would be best served by remaining with FC under a special guardianship order, as she is settled, well cared for, and emotionally attached to FC. Placement with the paternal aunt and uncle posed significant risks to G's emotional well-being due to their own family pressures and professional advice against such placement. A supervision order to the local authority is necessary and proportionate to support FC and facilitate contact with G's natural family.

Citation
[2016] EWFC B77
Parties
Child: G; Foster Carer / Applicant for Special Guardianship: FC; Paternal Aunt / Alternative Carer: PA; Uncle / Alternative Carer: U; Mother / Respondent: Mother; Father / Respondent: Father; Local Authority / Applicant: Gloucestershire County Council; Children's Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
02 October 2016
Procedural Posture
Family Law Child Arrangements / Special Guardianship / Final Hearing / Judgment
Outcome
Special guardianship order in favour of FC; supervision order to the local authority for twelve months.
Legal Topics
Special Guardianship Orders, Supervision Orders, Child Welfare, Care Proceedings, Contact Arrangements
Family Law Child Law Special Guardianship Orders Supervision Orders Child Welfare Care Proceedings Contact Arrangements

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Parties

G

Child

FC

Foster Carer / Applicant for Special Guardianship

PA

Paternal Aunt / Alternative Carer

U

Uncle / Alternative Carer

Mother

Mother / Respondent

Father

Father / Respondent

Gloucestershire County Council

Local Authority / Applicant

Guardian

Children's Guardian

Procedural Posture

Family Law Child Arrangements / Special Guardianship / Final Hearing / Judgment

Legal Issues

  1. 1 Whether a special guardianship order should be made in favour of the foster carer (FC) or the paternal aunt and uncle (PA and U) for the child G
  2. 2 Whether a supervision order should be made to the local authority
  3. 3 What contact arrangements are in G's best interests

Ratio Decidendi

The court determined that G's welfare would be best served by remaining with FC under a special guardianship order, as she is settled, well cared for, and emotionally attached to FC. Placement with the paternal aunt and uncle posed significant risks to G's emotional well-being due to their own family pressures and professional advice against such placement. A supervision order to the local authority is necessary and proportionate to support FC and facilitate contact with G's natural family.

Court Disposition

Special guardianship order in favour of FC; supervision order to the local authority for twelve months.

Orders

  • Special guardianship order made in favour of FC for G.
  • Supervision order to Gloucestershire County Council for twelve months.