E, Re [2021] EWFC B5 (21 January 2021)

Given the established physical and emotional harm suffered by E in her mother's care, M's ongoing issues with alcohol misuse, and the positive, stable care provided by G, E's welfare requires that she remain living with her grandmother under a special guardianship order.

Citation: [2021] EWFC B5
Parties: Applicant: A local authority; 1st Respondent: M; 2nd Respondent: G; Child Respondent: E (through her Children's Guardian)
Jurisdiction: England and Wales
Judgment Date: 21 January 2021
Procedural Posture: Children Act 1989 Proceedings / Final Hearing
Outcome: Special guardianship order made in favour of G; E to remain living with her grandmother.
Legal Topics: Special Guardianship Order, Child Arrangements, Parental Responsibility, Alcohol Misuse, Child Welfare, Threshold Criteria

Family Law Child Protection Special Guardianship Order Child Arrangements Parental Responsibility Alcohol Misuse Child Welfare Threshold Criteria

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2

Parties

A local authority

Applicant

1st Respondent

2nd Respondent

E (through her Children's Guardian)

Child Respondent

Procedural Posture

Children Act 1989 Proceedings / Final Hearing

Legal Issues

1 Whether E should live with her mother or grandmother
2 Whether a special guardianship order should be made in favour of G
3 Whether threshold criteria for significant harm are met

Ratio Decidendi

Court Disposition

Special guardianship order made in favour of G; E to remain living with her grandmother.

Orders

Special guardianship order in favour of G
Approval of agreed threshold findings