A County Council v M & Anor [2021] EWFC 35 (23 April 2021)

A County Council v M & Anor [2021] EWFC 35 (23 April 2021)

Granting the grandmother's application for assessment or leave to apply would risk disruption and emotional harm to H, with little likelihood of success, given the parents' unwavering opposition, lack of wider family support, and the potential for further acrimony. The court had sufficient information to determine the applications without further assessment, and the welfare of H required that the local authority's application be granted and the grandmother's application dismissed.

Citation
[2021] EWFC 35
Parties
Applicant: A County Council; 1st Respondent: M; 2nd Respondent: H (The Child) (acting through a Children's Guardian); Intervenor: T
Jurisdiction
England and Wales
Judgment Date
23 April 2021
Procedural Posture
Family Court Applications Under Children Act 1989 and Adoption and Children Act 2002 / Judgment on Applications for (1) Permission Not to Assess Grandmother as Carer and (2) Grandmother's Application for Leave to Apply for Special Guardianship/child Arrangements Order
Outcome
Local authority's application granted; grandmother's application dismissed.
Legal Topics
Adoption, Special Guardianship, Child Arrangements, Parental Consent, Assessment of Family Carers, Article 8 ECHR, Leave to Apply Under S10(9) Children Act 1989
Family Law Child Law Adoption Special Guardianship Child Arrangements Parental Consent Assessment of Family Carers Article 8 ECHR +1 more

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Parties

A County Council

Applicant

M

1st Respondent

H (The Child) (acting through a Children's Guardian)

2nd Respondent

T

Intervenor

Procedural Posture

Family Court Applications Under Children Act 1989 and Adoption and Children Act 2002 / Judgment on Applications for (1) Permission Not to Assess Grandmother as Carer and (2) Grandmother's Application for Leave to Apply for Special Guardianship/child Arrangements Order

Legal Issues

  1. 1 Whether the local authority is obliged to assess the paternal grandmother as a potential carer for the child H
  2. 2 Whether the paternal grandmother should be granted leave to apply for a Special Guardianship Order or Child Arrangements Order under s10(9) Children Act 1989

Ratio Decidendi

Granting the grandmother's application for assessment or leave to apply would risk disruption and emotional harm to H, with little likelihood of success, given the parents' unwavering opposition, lack of wider family support, and the potential for further acrimony. The court had sufficient information to determine the applications without further assessment, and the welfare of H required that the local authority's application be granted and the grandmother's application dismissed.

Court Disposition

Local authority's application granted; grandmother's application dismissed.

Orders

  • Declaration that the local authority is not obliged to assess the paternal grandmother as a carer for H.
  • Dismissal of the grandmother's application for leave to apply for a Special Guardianship Order or Child Arrangements Order.