LR v A Local Authority & Ors (Application to Terminate Appointment of Guardian) [2019] EWFC 49 (01 March 2019)

LR v A Local Authority & Ors (Application to Terminate Appointment of Guardian) [2019] EWFC 49 (01 March 2019)

The guardian failed to fulfil her statutory duties by not conducting a proper analysis of the realistic placement options for R, particularly the option of adoption by LR, and did not provide the required B-S analysis at key decision points. These failures constituted exceptional circumstances justifying the...

Source-derived case information.

Citation
[2019] EWFC 49
Parties
Applicant: LR; Respondent: A Local Authority; Respondent: Mother; Respondent: Father; Respondent: The Child by the Children's Guardian
Jurisdiction
England and Wales
Judgment Date
01 March 2019
Procedural Posture
Family Court Care Proceedings / Application to Terminate Appointment of Children's Guardian
Outcome
Application granted
Legal Topics
Care Orders, Adoption, Children's Guardian, Termination of Appointment, Welfare of the Child, Practice Direction 16 a, Section 41 Children Act 1989
Family Law Child Protection Care Orders Adoption Children's Guardian Termination of Appointment Welfare of the Child Practice Direction 16 a +1 more

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Parties

LR

Applicant

A Local Authority

Respondent

Mother

Respondent

Father

Respondent

The Child by the Children's Guardian

Respondent

Procedural Posture

Family Court Care Proceedings / Application to Terminate Appointment of Children's Guardian

Legal Issues

  1. 1 Whether the appointment of the current children's guardian should be terminated under FPR 2010 rule 16.25(1)(b)
  2. 2 Whether the guardian failed in her statutory duties to safeguard the interests of the child by not conducting a proper analysis of placement options

Ratio Decidendi

The guardian failed to fulfil her statutory duties by not conducting a proper analysis of the realistic placement options for R, particularly the option of adoption by LR, and did not provide the required B-S analysis at key decision points. These failures constituted exceptional circumstances justifying the termination of her appointment to safeguard the child's interests and ensure confidence in future reports.

Court Disposition

Application granted

Orders

  • The appointment of the current children's guardian is terminated.