A County Council v M & Anor

A County Council v M & Anor

Granting the grandmother's application for assessment or leave would cause significant disruption and potential harm to H, with little prospect of success given the entrenched opposition of both parents and lack of wider family support. The court had sufficient information to determine the applications without further assessment. The local authority is not obliged to assess the grandmother, and her application for leave is dismissed.

Parties
Applicant: A County Council; 1st Respondent: M (Mother); 2nd Respondent (acting Through a Children’s Guardian): H (The Child); Intervenor: T (Paternal Grandmother)
Jurisdiction
England and Wales
Judgment Date
23 April 2021
Procedural Posture
Family / Judgment on Applications for (1) Local Authority 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 application granted; grandmother's application dismissed.
Legal Topics
Adoption, Special Guardianship, Child Arrangements, Parental Consent, Assessment of Family Carers, Article 8 ECHR, Disruption and Welfare, Leave to Apply Under Children Act
Family Law Child Law Adoption Special Guardianship Child Arrangements Parental Consent Assessment of Family Carers Article 8 ECHR +2 more

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Parties

A County Council

Applicant

M (Mother)

1st Respondent

H (The Child)

2nd Respondent (acting Through a Children’s Guardian)

T (Paternal Grandmother)

Intervenor

Procedural Posture

Family / Judgment on Applications for (1) Local Authority 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 would cause significant disruption and potential harm to H, with little prospect of success given the entrenched opposition of both parents and lack of wider family support. The court had sufficient information to determine the applications without further assessment. The local authority is not obliged to assess the grandmother, and her application for leave is dismissed.

Court Disposition

Local authority application granted; grandmother's application dismissed.

Orders

  • Permission granted for local authority not to assess the paternal grandmother as a carer.
  • Grandmother's application for leave to apply for Special Guardianship or Child Arrangements Order dismissed.