Derbyshire County Council v SH [2015] EWFC B102 (16 June 2015)

Derbyshire County Council v SH [2015] EWFC B102 (16 June 2015)

The evidence, particularly the detailed assessment by Jane Pinder, established that SH is able to meet the needs of A and K-F and offers the only realistic opportunity for them to be raised within their family. There is no cogent evidence that nothing else will do except adoption. The threshold criteria for statutory orders were crossed, but special guardianship with appropriate support and protective orders is in the children's best interests.

Citation
[2015] EWFC B102
Parties
Mother: CK; Alleged Father of a: KH; Father of K F: HH; Proposed Special Guardian: SH; Local Authority: Derbyshire County Council
Jurisdiction
England and Wales
Judgment Date
16 June 2015
Procedural Posture
Public Law Care Proceedings / Final Hearing After Remittal From Court of Appeal
Outcome
Special Guardianship Orders granted to SH for both children; care and placement orders refused.
Legal Topics
Care Orders, Special Guardianship, Adoption, Threshold Criteria, Placement Orders
Family Law Child Protection Care Orders Special Guardianship Adoption Threshold Criteria Placement Orders

Case Brief

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Parties

CK

Mother

KH

Alleged Father of a

HH

Father of K F

SH

Proposed Special Guardian

Derbyshire County Council

Local Authority

Procedural Posture

Public Law Care Proceedings / Final Hearing After Remittal From Court of Appeal

Legal Issues

  1. 1 Whether care orders with a plan for adoption or special guardianship order to SH should be made
  2. 2 Assessment of SH's suitability as special guardian
  3. 3 Risks posed by CK and HH to children's welfare

Ratio Decidendi

The evidence, particularly the detailed assessment by Jane Pinder, established that SH is able to meet the needs of A and K-F and offers the only realistic opportunity for them to be raised within their family. There is no cogent evidence that nothing else will do except adoption. The threshold criteria for statutory orders were crossed, but special guardianship with appropriate support and protective orders is in the children's best interests.

Court Disposition

Special Guardianship Orders granted to SH for both children; care and placement orders refused.

Orders

  • Special Guardianship Orders in favour of SH for A and K-F
  • Approval of transition plan and Special Guardian support package