S (A Child), Re No. 2

S (A Child), Re No. 2

A special guardianship order cannot be made without a report under section 14A(8) of the Children Act 1989. However, where most information is already before the court, the local authority may provide missing information and cross-reference existing reports rather than prepare a wholly new report. The judge erred in making the order without the report, but this can be rectified by obtaining the required report and holding a further hearing.

Parties
Appellant: DO (Adopter); 1st Respondent: LP (Mother); 2nd Respondent: PH (Father); 3rd Respondent: Bury Metropolitan Borough Council; 4th Respondent: GN (The Guardian); Subject: S (A Child) No. 2
Jurisdiction
England and Wales
Judgment Date
14 February 2007
Procedural Posture
Appeal / Addendum Judgment Following Substantive Appeal Decision
Outcome
Appeal dismissed
Legal Topics
Special Guardianship Orders, Adoption, Jurisdiction, Procedural Requirements
Family Law Special Guardianship Orders Adoption Jurisdiction Procedural Requirements

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Parties

DO (Adopter)

Appellant

LP (Mother)

1st Respondent

PH (Father)

2nd Respondent

Bury Metropolitan Borough Council

3rd Respondent

GN (The Guardian)

4th Respondent

S (A Child) No. 2

Subject

Procedural Posture

Appeal / Addendum Judgment Following Substantive Appeal Decision

Legal Issues

  1. 1 Whether a special guardianship order can be made without a report under section 14A(8) of the Children Act 1989
  2. 2 Whether the absence of such a report invalidates the order made by the judge

Ratio Decidendi

A special guardianship order cannot be made without a report under section 14A(8) of the Children Act 1989. However, where most information is already before the court, the local authority may provide missing information and cross-reference existing reports rather than prepare a wholly new report. The judge erred in making the order without the report, but this can be rectified by obtaining the required report and holding a further hearing.

Court Disposition

Appeal dismissed

Orders

  • Local authority to prepare a report under section 14A(8) providing missing information and cross-referencing existing material
  • Further hearing before the judge to make the special guardianship order and any ancillary orders after receipt of the report