S (A Child), Re

S (A Child), Re

The judge was not justified in ruling out the paternal grandmother as a realistic option for the child's care. The evidence did not support excluding her without a full welfare evaluation, and the judgment failed to consider positive factors, the child's attachment, and the status quo. The process was flawed and did not meet the legal requirements for such a decision.

Parties
Applicant/appellant: Paternal Grandmother; Respondent: Local Authority; Interested Party: Mother; Interested Party: Father
Jurisdiction
England and Wales
Judgment Date
26 February 2015
Procedural Posture
Appeal (care Proceedings) / Appeal From Final Hearing Decision
Outcome
Appeal allowed
Legal Topics
Care Orders, Special Guardianship, Adoption, Welfare Evaluation, Proportionality, Realistic Placement Options
Family Law Child Protection Care Orders Special Guardianship Adoption Welfare Evaluation Proportionality Realistic Placement Options

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Parties

Paternal Grandmother

Applicant/appellant

Local Authority

Respondent

Mother

Interested Party

Father

Interested Party

Procedural Posture

Appeal (care Proceedings) / Appeal From Final Hearing Decision

Legal Issues

  1. 1 Whether the judge was justified in ruling out the paternal grandmother as a realistic option for the child's long-term care
  2. 2 Whether the judge failed to conduct a holistic welfare evaluation as required by law

Ratio Decidendi

The judge was not justified in ruling out the paternal grandmother as a realistic option for the child's care. The evidence did not support excluding her without a full welfare evaluation, and the judgment failed to consider positive factors, the child's attachment, and the status quo. The process was flawed and did not meet the legal requirements for such a decision.

Court Disposition

Appeal allowed

Orders

  • Set aside the part of the judge's order ruling out the paternal grandmother as a realistic option for care of the child
  • Remit the case for rehearing before a different judge, possibly at a different court centre