F and S (Special Guardianship Order with Supervision Order) [2021] EWFC B19 (21 April 2021)

F and S (Special Guardianship Order with Supervision Order) [2021] EWFC B19 (21 April 2021)

On the specific facts, the risks to F and S can be managed and their welfare best met by remaining in the care of C and P under a Special Guardianship Order, bolstered by a 12-month Supervision Order. A Care Order is neither necessary nor proportionate. The threshold for intervention is met, but the least...

Source-derived case information.

Citation
[2021] EWFC B19
Parties
Applicant: A Local Authority; 1st Respondent: A Mother; 2nd Respondent: A Father; 3rd Respondent: A Paternal Grandfather; 4th Respondent: A Paternal Grandmother; 5th Respondent: C; 6th Respondent: P; 7th Respondent (child): F; 8th Respondent (child): S
Jurisdiction
England and Wales
Judgment Date
21 April 2021
Procedural Posture
Care Proceedings / Special Guardianship Order Application / Final Hearing and Judgment
Outcome
Special Guardianship Order made in favour of C and P; existing Special Guardianship Order to paternal grandparents discharged; Supervision Order for 12 months accepted; no Care Order made.
Legal Topics
Special Guardianship Order, Supervision Order, Care Order, Parental Responsibility, Child Welfare, Contact Arrangements
Family Law Child Protection Special Guardianship Order Supervision Order Care Order Parental Responsibility Child Welfare Contact Arrangements

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Summary, issues, holding and outcome

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Parties

A Local Authority

Applicant

A Mother

1st Respondent

A Father

2nd Respondent

A Paternal Grandfather

3rd Respondent

A Paternal Grandmother

4th Respondent

C

5th Respondent

P

6th Respondent

F

7th Respondent (child)

S

8th Respondent (child)

Procedural Posture

Care Proceedings / Special Guardianship Order Application / Final Hearing and Judgment

Legal Issues

  1. 1 Whether a Care Order or Special Guardianship Order with Supervision Order is necessary and proportionate for the welfare of F and S
  2. 2 Whether the threshold criteria under s31 Children Act 1989 are met
  3. 3 Appropriate arrangements for contact with parents and grandparents

Ratio Decidendi

On the specific facts, the risks to F and S can be managed and their welfare best met by remaining in the care of C and P under a Special Guardianship Order, bolstered by a 12-month Supervision Order. A Care Order is neither necessary nor proportionate. The threshold for intervention is met, but the least interventionist approach is appropriate given the evidence of stability and commitment from C and P, and the lack of safeguarding concerns requiring the Local Authority to share parental responsibility.

Court Disposition

Special Guardianship Order made in favour of C and P; existing Special Guardianship Order to paternal grandparents discharged; Supervision Order for 12 months accepted; no Care Order made.

Orders

  • Special Guardianship Order in favour of C and P
  • Discharge of Special Guardianship Order to paternal grandparents