C (A Child) (Special Guardianship Order)

C (A Child) (Special Guardianship Order)

The appeal is dismissed because the judge properly applied the welfare principle, evaluated the risks posed by the mother's mental health and beliefs, and was entitled to conclude that a special guardianship order in favour of the paternal grandparents was in the child's best interests. The judge's findings on the mother's truthfulness, the permanence of the order, and the inadequacy of less intrusive arrangements were justified on the evidence.

Parties
Appellant: Mother; Respondent Local Authority: Royal Borough of Greenwich; Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
20 December 2019
Procedural Posture
Appeal (family Law Special Guardianship Order) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Special Guardianship Orders, Care Proceedings, Parental Responsibility, Welfare Principle, Threshold Criteria
Family Law Child Law Special Guardianship Orders Care Proceedings Parental Responsibility Welfare Principle Threshold Criteria

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Parties

Mother

Appellant

Royal Borough of Greenwich

Respondent Local Authority

Guardian

Guardian

Procedural Posture

Appeal (family Law Special Guardianship Order) / Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in making a special guardianship order in favour of the paternal grandparents
  2. 2 Whether the judge failed to properly evaluate the available options for the child's care
  3. 3 Whether the judge's findings regarding the mother's truthfulness and future compliance with treatment were justified

Ratio Decidendi

The appeal is dismissed because the judge properly applied the welfare principle, evaluated the risks posed by the mother's mental health and beliefs, and was entitled to conclude that a special guardianship order in favour of the paternal grandparents was in the child's best interests. The judge's findings on the mother's truthfulness, the permanence of the order, and the inadequacy of less intrusive arrangements were justified on the evidence.

Court Disposition

Appeal dismissed

Orders

  • Special guardianship order in favour of paternal grandparents upheld