A Local Authority v M & Ors

A Local Authority v M & Ors

A special guardianship order for X with her maternal grandmother is in X’s best interests, providing greater stability, security, and clarity of parental responsibility than a child arrangements order or supervision order. A care order for Y with her maternal aunt is appropriate, with a contact order to ensure Y’s relationship with her father is maintained. Supervision orders are not appropriate alongside a special guardianship order absent cogent reasons.

Parties
Applicant: A Local Authority; 1st Respondent: M; 2nd Respondent: FX; 3rd Respondent: X and Y acting via their Guardian; 4th Respondent: FY
Jurisdiction
England and Wales
Judgment Date
18 March 2024
Procedural Posture
Family Law Care and Special Guardianship Orders / Final Judgment
Outcome
Care order for Y; contact order for Y and her father; special guardianship order for X; no supervision order for X.
Legal Topics
Care Orders, Special Guardianship Orders, Child Arrangements Orders, Supervision Orders, Parental Responsibility, Contact Orders
Family Law Child Protection Care Orders Special Guardianship Orders Child Arrangements Orders Supervision Orders Parental Responsibility Contact Orders

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Parties

A Local Authority

Applicant

M

1st Respondent

FX

2nd Respondent

X and Y acting via their Guardian

3rd Respondent

FY

4th Respondent

Procedural Posture

Family Law Care and Special Guardianship Orders / Final Judgment

Legal Issues

  1. 1 Whether a care order or special guardianship order is appropriate for X and Y
  2. 2 Whether a supervision order should be made alongside a special guardianship order for X
  3. 3 Appropriate arrangements for contact between Y and her father

Ratio Decidendi

A special guardianship order for X with her maternal grandmother is in X’s best interests, providing greater stability, security, and clarity of parental responsibility than a child arrangements order or supervision order. A care order for Y with her maternal aunt is appropriate, with a contact order to ensure Y’s relationship with her father is maintained. Supervision orders are not appropriate alongside a special guardianship order absent cogent reasons.

Court Disposition

Care order for Y; contact order for Y and her father; special guardianship order for X; no supervision order for X.

Orders

  • A care order in respect of Y
  • A contact order for Y: direct contact with her father for a minimum of two hours every two weeks