B (A Child), Re [2012] EWCA Civ 737 (31 May 2012)

B (A Child), Re [2012] EWCA Civ 737 (31 May 2012)

The judge was entitled to treat the local authority reports as negative and to weigh delay and disruption to the child's life as significant factors. The judge's approach to section 10(9) was correct, and refusal to join PGM as a party was within her discretion given the slim prospects of success and risk of harm to...

Source-derived case information.

Citation
[2012] EWCA Civ 737
Parties
Appellant: B (A child); First Respondent: East Sussex County Council; Second Respondent: Mother; Third Respondent: Father; Fourth Respondent: Child (J)
Jurisdiction
England and Wales
Judgment Date
31 May 2012
Procedural Posture
Appeal / Appeal Against Refusal to Join Grandmother as Party to Care Proceedings
Outcome
Appeal dismissed
Legal Topics
Party Joinder, Section 10(9) Children Act 1989, Grandparent Rights, Delay in Proceedings
Family Law Child Care Proceedings Party Joinder Section 10(9) Children Act 1989 Grandparent Rights Delay in Proceedings

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Parties

B (A child)

Appellant

East Sussex County Council

First Respondent

Mother

Second Respondent

Father

Third Respondent

Child (J)

Fourth Respondent

Procedural Posture

Appeal / Appeal Against Refusal to Join Grandmother as Party to Care Proceedings

Legal Issues

  1. 1 Whether the judge erred in refusing grandmother's application to be joined as a party to care proceedings
  2. 2 Proper approach to joinder and leave under section 10(9) Children Act 1989
  3. 3 Weight to be given to family placement and delay

Ratio Decidendi

The judge was entitled to treat the local authority reports as negative and to weigh delay and disruption to the child's life as significant factors. The judge's approach to section 10(9) was correct, and refusal to join PGM as a party was within her discretion given the slim prospects of success and risk of harm to the child.

Court Disposition

Appeal dismissed

Orders

  • Refusal to join grandmother (PGM) as party to care proceedings upheld