GC v LD & Ors

GC v LD & Ors

Upon the making of the residence order in favour of PGM, DD ceased to be a looked after child by RBK; LCC is responsible for special guardianship support for the future, and RBK is responsible for a residence order allowance for the middle period.

Parties
Applicant: GC; 1st Respondent: LD; 2nd Respondent: DD by his Guardian; 3rd Respondent: RBK; 4th Respondent: LCC
Jurisdiction
England and Wales
Judgment Date
24 July 2009
Procedural Posture
Family / Judgment
Outcome
Declarations granted as per RBK's analysis; responsibility for special guardianship support transferred to LCC; RBK to pay residence order allowance for the middle period.
Legal Topics
Residence Order, Special Guardianship Order, Local Authority Responsibility, Financial Support, Children Act 1989
Family Law Child Welfare Residence Order Special Guardianship Order Local Authority Responsibility Financial Support Children Act 1989

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Parties

GC

Applicant

LD

1st Respondent

DD by his Guardian

2nd Respondent

RBK

3rd Respondent

LCC

4th Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Which local authority is responsible for financial support during the 'middle period' and for special guardianship support for the future
  2. 2 Whether the making of a residence order results in a child ceasing to be looked after by a local authority

Ratio Decidendi

Upon the making of the residence order in favour of PGM, DD ceased to be a looked after child by RBK; LCC is responsible for special guardianship support for the future, and RBK is responsible for a residence order allowance for the middle period.

Court Disposition

Declarations granted as per RBK's analysis; responsibility for special guardianship support transferred to LCC; RBK to pay residence order allowance for the middle period.

Orders

  • LCC is responsible for special guardianship support for DD and PGM for the future.
  • RBK to pay residence order allowance for DD for the period between residence order and special guardianship order.